Understanding and responding to the business and legal impacts of COVID-19

4 Tips For Employers Evaluating Ambitious Reopening Plans

June 30, 2020, Law360, by Vin Gurrieri

Don’t Dictate Terms

Even for businesses where workers aren’t unionized, it still behooves employers to avoid simply dictating to workers what returning to work will look like — particularly in places where spiking coronavirus numbers make second closures possible.

“I think it’s going to be important for employers to listen to what the specific concerns are and in an effort to try and engage in a dialogue with employees [to see] if maybe there’s an opportunity to resolve it or at least put some additional parameters in place that might give employees an additional comfort level,” said Kristen Gallagher, a partner at McDonald Carano LLP.

Otherwise, employers might find themselves in a situation where their return-to work plan is marred by employees not showing up. If there is no legal protection available, businesses will have to decide “whether or not they end up terminating that employment relationship,” according to Gallagher.

“I think the best practice like with many situations is having that understanding of where the employees are coming from,” Gallagher said.

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McDonald Carano has helped to shape the Nevada business and legal landscape for 70 years. With more than 60 lawyers and government affairs professionals in our offices in Las Vegas and Reno, we are Nevada's law firm for business. We proudly represent Fortune 500 companies, financial and governmental institutions, fast-growth and mid-market companies, entrepreneurs, start-up ventures, non-profit organizations and individuals. Our attorneys deliver cross-discipline, one-stop, commercial law and government affairs counsel. Our dedication to clients, innovative thinking and practical solutions based in sound business and legal judgments are at the heart of our practice. For more information, visit mcdonaldcarano.com, call 775.788.2000 (Reno office), or 702.873.4100 (Las Vegas office) or reach us by email at info@mcdonaldcarano.com.

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