Workforce & Human Capital Management
Workforce Management in Response to COVID-19
The rapid onset of the coronavirus crisis stripped many employers of the opportunity to prepare an orderly retreat from the physical workplace. Following the government-imposed stay-in-place orders, employers shifted their attention to managing a remote workforce, coping with the financial impacts of the economy’s precipitous closure, and digesting the rapid legislative developments that ensued. While we do not know what the “normal” American workplace will look like after the pandemic, employers should plan now for this transformation. Our labor and employment attorneys will help you navigate the legal considerations of these complex and novel workforce issues, while keeping your organization and its most important resource – its people – front of mind.
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Our Approach
Our interdisciplinary team is devoted to keeping up to date on this evolving situation and the impact of new and changing laws and government guidance, and we are working hand-in-hand with our clients’ legal, HR, and business teams, bringing our legal insight and business-savvy approach to bear on the unique challenges employers are facing as a result of the pandemic and the resulting recession.
- WARN Act considerations
- Labor relations
- Recordkeeping
- Workplace accommodations
- Impact on visa status
- Crisis and workforce communications
- Adapting to a telework environment
- Restrictive covenants and trade secrets
- Telecommuting and safe transit letters
- Reductions in force, furloughs, layoffs, and terminations
- Disability-related inquiries and medical examinations
- Privacy and cybersecurity concerns related to teleworking
- Occupational Safety and Health Administration considerations
- Leaves of absence, including emergency paid leave benefits and other leave laws
- Wage and hour compliance in the midst of salary reductions, telework and other challenges
- Employer planning and implementation of RIFs, furloughs, layoffs and other cost-reduction strategies
- Immigration requirements for remote work for foreign national employees
- COBRA
- Short-term disability
- Workers' compensation
- Health insurance coverage
- Unemployment insurance
- 401(k) profit-sharing programs
- Deferred compensation and other executive compensation issues
Our Team
Member / Chair Emeritus, Employment, Labor & Benefits Practice
Other COVID-19 Business Issues
Liquidity & Capital Management
The severe business and societal disruption caused by COVID-19 has resulted in decreased demand for most products and services across the gamut of industries. Many companies are facing liquidity issues as they look to maintain operations. The ability for businesses to meet financial obligations is still evolving and will create opportunities and challenges for businesses and their investors.
Operational Resilience & Supply Chain
COVID-19 has emphasized the importance of business agility for companies handling sudden and extremely adverse operational events. Many companies have been forced to alter their business model as a result of the virus, which presents new risks and opportunities, while the exposed vulnerability of the global supply chain will trigger a host of contractual and vendor disputes. The intense pressure on supply chains has also led to recent legislation and enforcement actions aimed at preventing fraud and unfair or unlawful practices. The ability for companies to weather the current storm and emerge as more resilient organizations depends on their ability to quickly adapt while also effectively managing risks.
Managing Risk, Compliance & Litigation
The current period of uncertainty and unprecedented disruption reinforces the critical importance of taking a proactive approach towards continuously assessing and managing key risks to the organization. Whether our attorneys are helping a company safeguard its data against external threats, providing guidance to ensure compliance with relevant regulatory bodies, or working with a client to implement an effective strategy to minimize litigation risk, we leverage deep experience to advise clients on a broad range of risk management and compliance matters.
Navigating Federal, State & Local Government Responses
The current COVID-19 pandemic has generated a host of government responses to mitigate the impact of the virus, including Presidential Orders, state and local orders, enforcement actions and the sweeping stimulus packages. Keeping a finger to the pulse of government responses and their potential impacts before they happen can offer critical time for planning or the ability to more quickly access much needed relief for your business.
Navigating Capital Markets & Public Company Reporting
The current COVID-19 pandemic has generated a host of issues for public companies. The SEC, NYSE, Nasdaq, and others are taking actions that impact access to capital markets, financial reporting, and disclosure obligations. Navigating the legal and practical implications of the pandemic is crucial to ensuring compliance with the securities laws and keeping investors fully informed.