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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
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