CIANJ Commerce Magazine August 2020 | Page 22

■ Law Continued From Page 18 as age, disability, or some other protected status are doomed to fail, despite the temptation of some employers to believe such decisions will get “lost in the shuffle.” The masks that camouflage bad employment decisions, like the ones we are currently wearing, will ultimately be removed. Norris McLaughlin, P.A. By Andrew D. Linden, Esq., Member of the Firm The starting point is understanding the federal, state, and local directives concerning COVID‐19, for example, Center for Disease Control guidelines, Governor Murphy’s Executive Orders and your municipality’s rules applicable to your business. The first item to consider is seeing that your facility is safe, clean, and compliant. Is air properly ventilated? Has the water in an unused plumbing system become contaminated? You may need to change the physical layout of your property, bringing on building permits, variances, or other governmental approvals. Then, think: are you complying with your insurance carrier’s requirements to avoid jeopardizing coverage in the event of a claim? Have you reviewed your insurance policies to confirm they cover risks you may face going forward? Contracts with key suppliers, vendors, and customers must be examined. Additionally, remote or outsourced workforces raise new challenges, such as ensuring your IT security is strong and following wage and hour laws for employees who are rarely (or never) in the office. As we resume business in the “new normal,” take the time to re-evaluate your legal risks and the mechanisms you have in place to minimize those risks. NPZ Law Group, P.C., By David H. Nachman, Esq., U.S. Managing Attorney NPZ Law Group, P.C., an immigration and nationality law firm, reflects on what can be learned from President Trump’s April 23, 2020 sweeping proclamation to end immigration to the USA for at least 60 days amidst the COVID‐19 pandemic and staggering unemployment rates in the US. The proclamation generated unnecessary panic since consulates were closed already and airlines were grounded due to the pandemic. NPZ immediately advised its clients who were exempt from the order (green card holders, spouses of U.S. citizens, and others). Individuals who were considering employment-based nonimmigrant visa applications, especially as healthcare workers, scientists, and researchers who are needed in these critical times, were advised to file with the USCIS as soon as practicable. Individuals with skills considered to be in the national interest of the U.S. (National Interest Waiver) and EB-5 Investor Visa applicants who would generate jobs for US workers, were advised similarly. Best practices amidst a national crisis, such as the COVID‐19 pandemic, require immediate and multiple methods of effective communication and the ability to strategize for clients as events unfold in real time on TV and social media. Riker Danzig Scherer Hyland & Perretti LLP By Scott A. Ohnegian, Esq., Chair, Labor & Employment Group Getty Images/iStockphoto In our considerable years of experience advising clients regarding their employment practices, we have never known a period of such rapid change in both the economic climate and the laws and regulations that govern employment. As our clients adjust to this new environment, we encourage them to make sure to seek advice before making employment decisions. Answers that seemed clear in January may now be very different. Clients are well served by reviewing and reassessing their policies and procedures to determine not only whether they comply with new laws, regulations, guidance and executive orders, but also whether they suit changing business needs. Sills Cummis & Gross P.C. By Ted Zangari, Esq., Chair, Outside General Counsel Multi-Disciplinary Practice Group Risk avoidance stemming from the current pandemic touches virtually every aspect of a business. Existing contracts must be reviewed for the ramifications of delayed performance. Insurance policies must be analyzed and claims should be filed accordingly. Dialogue must be established with creditors, especially landlords, lenders and vendors, with the goal of preserving and stretching cash reserves wherever possible. Likewise, proactive collection efforts must be made with those customers who are responsible for significant accounts receivable. Employment issues must be addressed with regard to remote working protocols, proper implementation of furloughs and reductions in force, protection of employees, and treatment of sick employees, particularly those whose symptoms are associated with COVID‐19. Finally, as businesses contemplate the resumption of “normal” operations at their facilities, steps must be taken to: clean and ready the physical plant; prepare for the return of the workforce, including decisions on who returns and how shifts/schedules are managed; establish new controls on access that include enforcement of safety/health checks and enhanced visitor/delivery policies; create social distancing, including adjustments to the floor plan and internal paths of travel; and increase workplace hygiene through the use of touchless devices, elimination of clutter, and more frequent and thorough cleaning regimens. Getty Images/iStockphoto Getty Images/iStockphoto 20 COMMERCE www. commercemagnj.com