Today, we’re gonna be talking about the fact that many states have made laws that presume COVID-19 was contracted at work and makes you liable via workers’ comp for any contraction of COVID-19. We’re gonna talk about that and we’re gonna talk about how to fight back against that argument and what would happen if you were to have a claim. First though, please subscribe to our podcast. You can find us on iTunes, Google podcast, Spotify, Stitcher, pretty much any podcatcher of your choice. You can also subscribe to peopleprocesses.com, which will give you exclusive subscriber-only content. 

Now, let’s dive into this. California Governor Gavin Newsom has signed an executive order creating what they’re calling a rebuttable presumption to receive workers’ compensation benefits, that employees who test positive for COVID-19 contracted the virus at work. Now, what that means is they have created an executive order that says, if you got COVID-19 and tested positive, there is a presumption that you contracted the virus at work. But it can be refuted or argued against given very specific requirements and we’ll go over those in a second. This is called N-62-20. Its link at peopleprocesses.com. You can click on the words it’ll go to the website, you can read the executive order. California has become the latest state in a line to expand these workers’ compensation benefits to the employees during the pandemic. 

We tuned into a webinar to hear McGuireWoods which is a law firm partner Sabrina Beldner, and her colleague in the firm’s labor and employment practices explained that states such as Alaska, Arkansas, Florida, Missouri, Michigan, Minnesota, New Hampshire, North Dakota, Utah, Washington, and Wisconsin, have all enacted orders similar to California’s. That seems to be a national trend. Again, that’s Alaska, Arkansas, Florida, Missouri, Michigan, Minnesota, New Hampshire, North Dakota, Utah, Washington, Wisconsin, and now California. “Like California, other states have taken actions to expand workers’ compensation benefits to employees or create a presumption that employees contracted COVID-19 in the course of their employment to obtain workers’ compensation benefits,” says Ms. Beldner. Also, Louisiana, Massachusetts, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico, and Vermont are among the jurisdictions where the efforts are pending to enact a similar presumption in favor of employees who have contracted COVID-19. 

According to Beldner, the state order means that employers across the country who may want to rebut that presumption should implement considerable best practices, including:

I’m going to go through these one at a time. 

  1. Establish a COVID-19 workplace health and safety policy that complies with OSHA and any applicable state or city health and safety mandates. 
  2. Establish a policy that specifies the frequency with which common areas and frequently touched surfaces will be sanitized and disinfected. Many companies have increased the amount of frequency that they do these things, but they have not documented them. 
  3. Implement workplace safety features, such as requiring frequent hand washing, face coverings when interacting with other employees or customers, and social distancing. 
  4. Provide employees with personal protective equipment, such as masks, gloves, and hand sanitizer. 
  5. Require daily temperature checks and reporting of symptoms. 
  6. Prohibit any individual who demonstrates symptoms or tests positive for COVID-19 from entering the workplace. 
  7. Required daily inquiries of employees regarding exposure to individuals who have tested positive for COVID-19, such as family members, friends, or neighbors.
  8. And most importantly, track and retain all the prior information (in a method that protects confidentiality) to be able to dispute any notion of workplace COVID-19 exposure by an employee.

I would add to the misspelled nurse list. The key measure is to be able to tell where people worked and when. So that in the case of someone being exposed, you need to be able to do what’s called contact tracing. So you need to know when they came into the office when they left, and approximately what they did there. You want to do things like close communal areas, like company kitchens, you want to limit the ability of deliveries to come into the building. These sorts of things will limit your exposure. 

Now, these laws, these regulations, create the presumption that if someone has COVID-19 they got it working for you. And in the States, it’s going to be difficult to argue. In those areas, it’s going to be the exception to say no, no, no, my workers’ comp is not covering their COVID-19.

Well, I’m not going to get into politics. But the long and short is that they are the law of the land in these states and many more to come. These states, Utah, Arkansas, Florida, these are not necessarily democratic. They’re not necessarily republican states. This is just how the states have decided to react to make sure there’s someone to pay at the end. So, by law, you’re required to have workers’ compensation. If an employee gets COVID-19. The presumption is that they got it from work, if they didn’t, if you want to claim they didn’t, you need to have your ducks in a row, which means having the 8 previous things that we discussed, and even taking it further. As I mentioned, closing common areas. I recommend staggering if you’re going to open up and you’re in a high infection area or probably a best practice in general, you want to stagger workplaces, you want to stagger shifts if you were previously open from eight to five, or nine to five, consider opening from 7 to 3, and then other parts of your staff coming in later. Trying to keep the number of people in the office at any given time. You want to limit the number of places you open at the same time. Try it with one department, maybe one that’s best suited to working in person. You still want to maintain even as things reopen, you want to maintain all of the social distancing, all of the precautions you would take for now. It’s very important because now that the states have opened, if you choose to reopen, and you likely will, you need to make sure that you’re doing everything you can to combat a claim that an employee got COVID-19 at work. 

So, on our website, peopleprocesses.com we have these items listed out in the article, please go on there, download, check it off. Some alternatives you can do will be also linking the New York State Bar Association, gave some great kind of layouts for law firms that are opening in New York. That’s much more strict than what was covered by this piece. I’ll have a link to that on the website as well. Those sorts of things are perhaps more necessary somewhere like Manhattan than the rest of the world, but also worthy of reading.

Ladies and Gentlemen, that’s it for today. Thank you so much for tuning in. Check us out on LinkedIn, Facebook, and Twitter at People Processes. Go to peopleprocesses.com, subscribe, and get some of our subscriber-only content. And if you got something out of this, make sure you share it with anyone you know. Thank you for tuning in. Now it’s time for you to go out there. Have a great day and get your work done.

Today we’re going to be taking a look at the PPP Loan Forgiveness Application, which was released on Sunday, May 18. We’re going to go through it. I am recording a video of this as well, which will allow us to, if you’d like on our website, I’ll have a link to the video. We’ll have our standard transcript. We’ll have a link to the forgiveness application itself. But if you’d like to watch a video where we go through it together, that would be awesome. As I said, I’m going to record that, and this way we can work on it together and kind of go through it piece by piece. So open that up now.  Now, in the meantime, if you haven’t already, please subscribe to our podcast and notifications at peopleprocesses.com we’re also available on iTunes, all the podcatchers of your choice, Google podcasts, Stitcher, whatever you’d like Spotify, check us out on there so that you know when we have great updates like this.  Now, I’m going to switch over and I’m now sharing my screen. So let’s take a look and dive in.  Okay. So the PPP Loan Forgiveness Applications, this goes first of all back to your lender, it does not just get sent off to the SBA, that’s a very important thing to know. You want to start with that now, there’s a lot of different pieces to it. There’s a calculation for us, a couple different schedules and worksheets, demographic information form, which is optional. The primary things that you must do are the Forgiveness Calculation Form and Schedule A. There’s also like I said, a worksheet on that so that you can kind of calculate some of them. Now, there are lots of definitions on the first page. There’s a couple of pretty straightforward ones. Your PPP Loan Number, your Business Legal Name, all those. There are a few key ones, the PPP Loan Disbursement Date, this is the date that an Employee looks, sorry, the Loan Disbursement Date, this is the date that the money hit your account. Okay? So you need to have this, I didn’t realize that my screen wasn’t sharing. So I apologize. That’s why I slipped up there for a minute. So the date you received the PPP loan proceeds from the lender if the loan proceeds were treated on more than one date into the first date on which you received PPP loan proceeds. Now one question we have at this time is if you’ve received the money, they pulled the entire amount back and deposited a different amount. Which one do you use? Ask your lender. But most people seem to be thinking that this is going to be the latter date even under that scenario. If you received multiple disbursements to come up to a certain amount, then it would be the first one.  If you have EIDL numbers, those sorts of things go in there. This is important because we’re going to ask about the Payroll Schedule and the Payroll Schedule affects the covered period. Enter the eight weeks which is a 56-day covered period of your PPP loan. The first day of the coverage period must be the same as the PPP loan disbursement date. If you receive your proceeds on, for example, Monday, April 20. the first day of the cover period is April 20 and the last day of the cover period is Sunday, June 14. Now, this is very important. There is an alternative payroll cover period you can use. This is for administrative convenience borrowers with a bi-weekly or more frequent payroll. So those are your weeklies as well, may elect to calculate eligible payroll costs using the 56-day period that begins on the first day of their first pay period following the PPP Loan Disbursement Date. For example, if the borrower received its PPP loan proceeds on Monday, April 20, and the first day of its first pay period following, its PPP loan disbursement is Sunday, April 26. Then the first day of the alternative payroll covered period is April 26. And the last day would be June 20. Borrowers who elect to use this must apply the alternative payroll cover period, whenever there is a reference in this application to the covered period or the alternative payroll cover period. However, there are a few places where it asks to the covered period only, and that would be the original one for your eight weeks afterward. And it’s mainly just for there, it’s so that you don’t put the wrong dates in there. So you have to disclose both the normal cover period and the alternative cover period if you’re going to use that. If you received loans over 2 million, you must check a special box. That’s we’re going to audit your box, so that’s important. Okay. Now I’m going to hop on down. There’s a lot of different kinds of explanations there, but I’m gonna go to the application. We’re now on Page 3. It looks like a pretty straightforward form, Business Legal Name, DBA name, Business Address, ID, that kind of thing. Your Loan Number, your Lenders Loan Number, you may need to leave that blank and sent it to them. The Loan Amount and the Disbursement Date. The Employees at the Time of the Forgiveness Application, if you did an EIDL you have to put those in there. Then we mark our payroll schedule, and we put in the covered period, this is always the eight weeks following 56-days when your loan was dispersed. If you’re bi-weekly or weekly, you can then select the alternative payroll covered period, going to the first pay period, starting after your disbursement. If the borrower together with affiliates received PPP loans over 2 million, you check this box now then you’re adding all the pieces together. So first is Payroll Costs then Business Mortgage, Interest Payments, Business Rent, and Business Utility.  Let’s talk about payroll costs. So there’s a Schedule A, Line 10, which we can scroll down and it asks you, enter your cash compensation, enter your leisure hours and salaries. Hang on. Here it is, down here. So it’s kind of a selection, enter your cash compensation, enter your average FTEs, the total amount paid by the borrower for employer contributions to employee health insurance. The amount paid by the borrower for employer contributions to employee retirement plans. The amount paid by the borrower for state and local taxes assessed on employee compensation. You also have to disclose separately the total amount to owner-employees or self-employed individuals, general partners. So you don’t double count those. Okay? So put those together, you add it all together that gives you your total payroll costs. So going back to the original application, there are your Total Payroll Costs, plus your Business Mortgage Interest, your Rent, and your Utilities. That gives you your payroll and non-payroll costs and that is the sum of what is forgivable. You then adjust that for your full-time equivalency and salary wage reductions. Now, these are all part of Schedule A, again, they break this down. So, what you have to do is say enter the, I won’t find the exact numbers for you so that we don’t go here, Schedule A.  All right. So, determine if the pay was reduced by more than 25%. To do this, you enter the average annual salary or hourly wage during the covered period. You enter the average annual salary between January 1, 2020, and March 3, 2020. And you divide the values by 1.a and 1.b. If 1.c is 75% or more, enter zero otherwise proceed to Step 2. If January 1 to March 31 doesn’t work, you can do the same thing. It says, enter the annual salary or hourly wages as of February 15th through April 26, 2020, and see if that happens. And it allows you to kind of go through a couple of different ways of calculating this. If the average number of workers has been lowered than you do have, you have an issue. Right? Then it’s going to wind up reducing your costs. You want to multiply the amount entered in those sections by .75 to see if it’s positive or negative, and that’s going to be about wind up being what you subtract from your form. I know this is hard on podcast guys. You want to check out the video so that you’re looking at it with us together. The bottom line is that to recap, there are your payroll expenses, which is your gross pay. Your employer taxes on State and Local taxes, your employer contributions to health insurance, your employer contributions to retirement, plus your mortgage interest rent, lease, or utility payments that gives you $1 figure that’s been adjusted up or down, or I’m sorry, adjusted down only for full-time equivalency reductions and salary hourly wage reductions. So if your average salary is lower, your average hours are lower then it will lower down. Then there is when you put those together, you wind up calculating your potential forgiveness amount, and you get that forgiveness amount, which is what you will be done. Then on the next page, you certify quite a few items and these are important. You certify that the dollar amount for which forgiveness requested was used to pay the things that you say they were. You understand that if the funds were knowingly used for unauthorized purposes, the Federal Government would pursue recovery of loan amounts or criminal or civil fraud charges. The borrower has accurately verified the payments for the eligible payroll and non-payroll costs for which the borrower is requesting forgiveness that you submit to the lender the required documentation verifying those payroll costs. The existence of obligations and services that your utilities and those sorts of things, and eligible business mortgage interest payments, business rent or lease and business utility payments. So it’s saying, you’re going to put all those in the information provided this application is true and correct in all material respects, there’s a law that will punish you by up to five years in jail, fine up to a quarter-million dollars if you’re lying. The tax documents you’ve submitted are consistent with those the borrower has submitted and we’ll submit it to the IRS and that the SBA may request additional information, gonna give that a sign and send them that signature page along with the first page. And I’m sure your bank will want you to send it and that may or may not be required.  So the supporting worksheets where you kind of figured out these sorts of things. Okay? So you have to do all of these so that you can get the full-time equivalency and figure out if you had a salary reduction and those sorts of things. When we look on here, Employee Name, Employee Identifier, Cash Comp, Average FTE, Salary Hour wage reduction. If you’re on our People Processes platform, we have a report you can use to print-off and supply this. So it should take care of what you need. But for those of you who are not on our platform, you want to download this form, start taking a look and start building out, you’re probably not at the end of your eight weeks yet, you probably want to take a look and build out a plan so that you’re collecting this data as you process your payrolls throughout the pay period, and make adjustments. If you don’t want to pay back the money, you may need to hire a few more people. If you’re going to pay back the money, though, that’s okay. They gave you more than they expected, then seems you needed. That’s okay. You can pay it back. That’s not the end of the world. I don’t want listeners and business owners to get into a position where they feel like if they don’t take advantage of every penny of this, they’re making a mistake. I think you should take advantage of what you need to keep your business running. But don’t go so far as to try and spend this money for no reason, you’ll cause more problems with your employees by overpaying them for no reason than you would by just behaving appropriately and doing your best. Worst case, you give them some of the money back in them. In the meantime, you got free money from heaven. And that’s awesome. So just take a deep breath. I know a lot of people are caught up on how do I get every penny of this forgiven, and I want you to get as much of it as appropriate. But, if you got too much, that’s okay. You can pay some of it back, you can hang on to it and take it as a 1% interest loan for the next two years even and spend it on other stuff. You don’t even have to give it back if you don’t want to. You just have to pay it back after you spend it on marketing or something else like that, maybe getting everybody set up at home. These are the sort of things that you can spend this money on. I just hope that our listeners don’t get too caught up in trying to get every penny of this forgiven. Ladies and Gentlemen, that’s it for today. Thank you so much for tuning in. Check us out on LinkedIn, Facebook, and Twitter at People Processes. Go to peopleprocesses.com, subscribe, and get some of our subscriber-only content. And if you got something out of this, make sure you share it with anyone you know. Thank you for tuning in. Now it’s time for you to go out there. Have a great day and get your work done. Here’s the link for you to download the PPP Loan Forgiveness Application Form: https://www.sba.gov/document/sba-form–paycheck-protection-program-loan-forgiveness-application
At some point, businesses big or small will run into the issue of wasted time which, by extension, turns into wasted money. Usually, it’s a case of the business owner or a manager becoming too involved with tasks that ought to be delegated to others. To address such cases, time analyses should be conducted to identify the issues, which should then be documented. This can be as simple as taking out a piece of paper and writing down your observations. Many small business owners, however, lack the time or inclination to do this. Larger businesses, on the other hand, tend to have so much documentation piled up over the years that extracting the right solutions from this heap of information may become overwhelming. Even if they already have processes in place, other possible obstacles include adoption, usability, or effectiveness. In either case, it may help to enlist the services of a third-party organization. FUEL it was created to tackle these common challenges faced by businesses of all sizes. We have interviewed company President Cindy Ogden on how her team may be able to help your business establish systems that address these challenges. 1) Why did you decide to specialize in process improvement? I have a passion for organizational development and new technologies. During my early years in human resources, I was always keeping up with the latest technologies, with a particular focus on how they can improve employee performance. I decided to start my own business to help customers or clients come up with a permanent solution to fix their problems. We put processes in place for learning to happen which, by extension, will allow behavioral change. My Lean Six Sigma Black Belt training complements this because I was taught to think in terms of measuring performance. 2) How do you pinpoint the exact problem that your client’s organization has? It all comes down to documentation. We first ask them if they have documented policies and standard operating procedures. Companies grow very quickly. At first, everyone is familiar with what the standards were; but as the company grows, the ideas gradually fade from memory because they haven’t been written down. People end up doing their own thing. I want to see the documentation of the workflows and expectations. If we don’t have that, we can’t expect employees to follow a process. Additionally, think of your employees like customers. With that context in mind, think about what can make their jobs more efficient. This will help in formulating processes that take the human element into account. 3) Even with documentation and knowledge of the problem, we sometimes still have trouble diagnosing the cause of the problem. How do you deal with that? The diagnosis is a checklist. If you think the problem has ten possible causes, you should ask the right questions that can guide you to the right answers. It can even be as simple as asking your customers to provide feedback that can answer those questions for you. For companies that do have documentation in place that was built up over the years, information overload is a common issue. It’s hard to dig through it quickly to find the right solution, so there also has to be a review process in place. Without one, you can get outdated information as part of your knowledge base. You’ll be asking the wrong questions and, therefore, you’ll be getting the wrong answers. You need a dedicated group of people that can review information on, say, an annual basis, and updated processes based on synthesized information. 4) What can we learn from your worst mistake as an entrepreneur? In the last few years, the biggest mistake I’ve made is poor planning from a budget standpoint: adding resources and being optimistic about jobs coming in, onboarding before I had ink on paper. All entrepreneurs have felt this pressure to make quick, often difficult, decisions. I had to come to a point where I needed to realize that my excitement and optimism should not lead me to make rash decisions regarding finances and the hiring and firing process. I would tell my younger self to make sure she had the money in the bank first and have a signed contract that the project will happen before planning ahead of the game. 5) What advice would you give to small business owners on putting measurable systems and processes in place? On the training side of things, it helps to simply have documentation that employees can read so that they learn the processes put in place by the company. One-on-one, on-the-job training is also important. Then there is an online training, with which soft skills can be easily learned. Focus on use cases: What are the problem areas that you need to immediately address or you’re most concerned about? When it comes to cases involving time management, it helps to note down the amount of time you spend on certain areas and consider delegating tasks if you observe an inefficient use of your time in those specific scenarios. As a business owner, you tend to be involved in everything, and in doing so overlook things that could be remedied by implementing a new process. The goal is to start tracking where you’re spending your time and doing some analysis on what items are not adding any value to your business. 6) How do you make sure that you’re delegating the right tasks to the right employees? Have someone put together formal documentation so that the task or issue that you aim to address is crystal clear. Sit-down with the employee assigned to that task and encourage them to think systematically about this potential new process (i.e. “If this, then that.”). Bring up all possible scenarios involving the issue for thorough documentation. It is important to test out your process by having other people, who are not yet familiar with the issue at hand, to read through the documentation, and see if they understand it as well as you do by attempting to carry out the task. If you’re not on the same page, the documentation, or even the process itself, needs to be reviewed and revised for clarity. Conclusion Communication and regularly updating solution documentation is key to continuous improvement. Whether your business is big or small, knowing which systems and processes to implement is only possible when you look at your employees like you do your customers or clients: as people with wants and needs who are in search of solutions. Even so, it can be difficult for a business owner to set aside the necessary time to narrow down potential solutions while keeping the ship afloat daily. If you find yourself in this predicament, consider reaching out to Cindy to see how her team at FUEL it can help. Homework: Before you decide that it’s time to invest in a third-party organization, think about what you can afford to do on your own to address your company’s issues. If you’re a small business owner, who could you interview to put together the documentation you need to start implementing a new system? If you’re a large business owner, how could you encourage wider adoption of existing processes? If you’d like to reach out to Cindy to discuss how her team of problem-solvers might benefit your specific business, set up a phone call. Learn more about Cindy Ogden here: https://www.fuelit.us/ https://www.linkedin.com/company/fuelitmemphis https://www.facebook.com/fuelitmemphis/

James Sinclair is the CEO and co-founder of the EnterpriseAlumni as the market-leading alumni in the retiree engagement platform. 

EnterpriseAlumni is a multinational software corporation that develops enterprise software that manages corporate alumni and retirees of large companies like Google, P&G, Pearson, etc. 

James has a background in large enterprise innovation and has worked for companies like IBM, SAP, and EDS. He also contributes to media on the future work of large enterprise innovation and entrepreneurship. 

What Do You Think About the World of People Working for The Same Company Being Over? 

The reality of this situation is that people are more mobile, they are more willing to move. They don’t feel the need to stay with a company for life as our fathers or grandfathers did. As there are more opportunities in the market, there is more desire and value in moving elsewhere and getting a diversity of experience. People are going to move jobs, often. There is a saying “My grandfather had one job his whole life, my father had three, and I have three right now.”

How Did You End Up in This Field? 

I have always worked in the large enterprise innovation space with large customers that are moving from on-premise to the cloud. During this, they have to bring the process that they have spent millions of dollars in creating. We taught companies that ANY idea you have, you can bring to market using software inside 90 days. There was no problem as complex that software wasn’t able to adapt to the cloud. So after a lot of investigation and research, we realized that there was a massive gap in available tools, mainly around a challenge in finding the right candidate due to talent shortages and high cost. My solution was that our former employees are the greatest talent pool we can possibly get. So I created my platform, EnterpriseAlumni  

What Was the Biggest Challenge You Faced In Your 7 Year Journey In Running EnterpriseAlumni?

Today, we are in the middle of a pandemic, and it has forced us to think about our business growth, our customers, and employee status. This has been the biggest test of our company’s resilience and the culture that we have created. At EnterpriseAlumni, our team is like a family. We openly discussed the possible implications of our customers from different sectors, and we know many are suffering. We devised a plan to personally go and take care of all the burdens that they are facing while they work to keep their business running. It was a challenge for us because we had to change our entire business model for them, and they appreciated our gesture. 

Why Are Your Ex-Employees Important and What One Should Be Thinking About in Terms of Business Resources? 

It doesn’t matter if you are a small business or a Fortune 10 company, you spend a lot of time and money on recruiting people, training them, and teaching them how your business works. Then, when they leave, they take all this knowledge and contact with them. This is not the way to off-board someone you have invested a lot of money in. Instead, you can maintain a relationship with them in which you are able to benefit long term. This helps in increasing productivity and boosts the morale of the workforce that is left and gives you the opportunity to re-hire them after they gain more skills and contacts. This will help your business be more successful. 

Why Should a Business Have a Smooth Leaving Process? 

Leaving is inevitable/ In the years that I have worked, I have observed that many employees leave on a bad note because the employers are reluctant to let them go. No matter why they leave, the employer and remaining team feel “betrayed.” These employers fail to see the opportunity and the benefit they could get if they retain a good relationship. If the exit is done smoothly, there is a high chance that they might come back after gaining more skills, but only if you remain in contact. 

Conclusion

James Sinclair has come a long way in his 7-year journey while running EnterpriseAlumni. He advises the companies on how to maintain a good relationship with their ex-employees and stay in touch with them by establishing an excellent alumni network within the organization. One should recognize the culture and sow the seeds from before these people are hired and make their leaving process as smooth as possible. Check up on them or meet up for drinks and wish them well for the future.

Learn more about James Sinclair here:

https://enterprisealumni.com/

https://web.facebook.com/james.d.sinclair

https://www.linkedin.com/in/jdsinclair

Today, we’re going to actually dive into a checklist, which will be available on our website of great information to reopen. It’s our return-to-work checklist and I’m so excited to be talking about this. We may not be all there, we’re not all be reopening coming up soon, some of us may have never shut down. But this episode, we’re going to talk about some of the steps you can take to get ready for that. Before we go too deep, though, I want to ask you, please subscribe to the podcast. You can find us on iTunes, Google Podcasts, Spotify, Stitcher, pretty much any podcatcher of your choice. You can also subscribe at peopleprocesses.com which will give you exclusive subscriber-only content. This is going to have on our website People Processes. There’s a link to actually download the checklist that we’re going to be going through here on the podcast today. Podcasts are great, but sometimes you just need to download it. You will have to drop your email in to get it. If you’re already subscribed, please don’t be afraid to drop your email in there again. I promise it scrubs for duplicates, but it’s just the easiest way we could figure out how to get this out to everybody quickly. We will also be probably emailing it directly to a lot of you who are already on our subscriber list. I think almost all of you will get a copy via email. It’s just some of you who haven’t subscribed recently, I can’t send you big files like this. Okay. It’s not a big file. It’s two pages but I can’t email you the actual file. 

Anyway. Families First Coronavirus Relief Act has been a heck of a thing from a legal perspective. We’ve had CARES Act requirements, we’ve had issues around sanitation, all kinds of changes. If you’re ready to open up shop and you’re bringing people back, here’s the first place to start. There’s a poster, FFCRA poster, you gotta put it in a visible place. If employees are gonna remain working from home, you should have already emailed it to them or post it to the company interweb or the employee website or put it as part of their documents. They’ve signed a receipt for it, whatever. But when you start opening back up and people are coming back in, put the poster up, I know you’ve probably forgotten about it. It was a month ago at this point that that went out. But if you haven’t done it yet, now is the time. 

Okay. Step II. You need to do a review of your hiring practices. Yes, not all of your employees are going to come back. As you start reopening, you may need to hire people just like you used to. You need to take a look at that. See if your staffing needs have changed. Maybe you don’t need the same roles. Do you need to change benefits or pay to become more competitive, maybe less competitive? I don’t know. But if everybody’s coming back to work at the same time, you may need to do a little dance. Get some better people in there. You need to review your interview process, both the application process, the interview process, the screening process, to get that to a remote technique as much as possible. Anyway, you need to think about your onboarding practices. Again, no reason to be passing a bunch of paper around the office or having people sit in someone else’s office. We can do this electronically now. So review your onboarding practices, make sure that they’re up to date, and that they’re good to go. And if you are only recalling some workers that were laid off for furloughed, ensure your practice for determining who to recall does not discriminate against any group of employees. This is quite important, guys. Some of you are going to be pulling back just maybe half your staff in a particular role. Well, you’re saying, “Alright, I’m pulling back this role because of this.” Well, how are you making half the staff selection? It’s important to document as long as it’s for business reasons. You could say seniority, you could say skill based on last performance review. You can say anything but gender, don’t do gender, don’t do race, don’t do something that would wind up being that. If you’ve opened in new markets, and those markets are predominantly African American and your old markets are predominantly white. So you wind up opening your older stores first. And you bring back 60 or 100 employees, and they’re all white. And the 40 you don’t bring, they’re all black. That could be bad. Don’t do that. Okay. So just take a look. Take a minute to do a sanity check. Make sure what you’re doing doesn’t have a huge disparate impact. It’s just a can of worms you don’t need.

Okay. Next up. Think about your leave policies. So, know how FFCRA affects your previous policies. First of all, if you haven’t been dealing with FFCRA, it goes into effect for this whole year. Very important. So take a look at that. Consider implementing a new PTO or vacation rollover grace period, revised guidelines for usage, that kind of thing. Because people have taken a lot of time off, may have been paid, may have been unpaid, don’t know. If they used FFCRA, it didn’t count towards their PTO, and you may not be able to give people a whole heck of a lot of flexibility if they can work going forward. So your vacation benefits, that kind of thing. They may wind up having some rollover issues that they can’t, they don’t have time to use it. Your best people will be like, “Now I’m here every day, man.” But they have three weeks of PTO saved to use. Revise how you’re going to handle that, and now’s the time to make those changes. You can say, “Look. For 2020, for now, until June of next year, we’re not going to have your PTO expire, you can hang on to it. Maybe you want to do some if you’ve already done FFCRA rewards and do not reduce your prior rewards. But you may want to change the way things accrue. Maybe instead of being a flat rate, four hours every pay period, you work, maybe you want to go to some amount per hour you work, right? A 10th of an hour per hour you work, which would allow you to more fairly reward that for people who are working significantly more hours than others. You need to think about it if you haven’t already. Sadly, you need to implement or revise your bereavement leave policies. If there’s a lot of people, that could be done, and if so, we got to make sure our employees are taken care of. So think about your bereavement leave policies. And once you’ve got your policies in order, it’s totally worth putting them all into like a leave policy lists and redistributing those. Right? Just so they all know what’s going on. Make sure they have an understanding and appreciation for all the leave policies that would apply to them.

Next up. Work from home and child care policies. Over the last few weeks, months, people have just been flying by the seat of their pants, that’s okay. But it’s time to start updating the paperwork. So, if you’ve changed why people can work from home when they can work from home, whether you give people time off to take care of children under the FFCRA, what sort of things are you doing? Document it. Update your policies, primarily around work from home and child care. You also, speaking of the policies, want to update your travel policies in light of any new orders in your state, or new practices, kind of broadly in the workforce to keep employees and customers safe. So if you have a traveling staff, you got to think about how that’s going to go forward and go ahead and document it. 

Think about and this is a big one, rehire and reinstate provisions for your benefits policies. Most of you who furloughed people, kept them on your benefits. That’s outstanding. It’s hard to do from a compliance perspective, but most insurers have allowed that dance to happen. Everything’s going fine there. But, if you didn’t do that, and you laid people off and you bring them back, when does their PTO accrual reset? What’s the seniority policy here? If they were all for more than 13 weeks, does it reset? Are they a new employee? Or do you resume their old one? If you’re an ACA company and you’re using variable our tracking with a 12 month period, we may need to revise that. You may need to think about going down to a six month period, cover the last half of the year instead. Because no one’s going to qualify if they had two months off the whole year. There’s a lot of different things to think about in terms of your rehire and reinstate provisions for around benefits. And then you need to distribute all of those policies, right? So use people processes systems, put it in an email, whatever it is you need to do. Highly recommended. As people come back in, they get a chance to review all the policy changes. Take a minute, read them, here’s what’s going on, and have them sign a receipt. It’s basically a handbook update. In fact, it probably should be a handbook update, but you want to get a receipt that they understand these new policies. Okay, so that’s the policies and posting section. 

Next up is health and safety. There’s going to be some changes to how most of us operate on that. You need to have a policy around, and procedures around illness, cleaning, disinfecting, work, meetings, and travel. We talked about some of those above, but these are specifically around health. What are your expectations for educating employees on how to reduce the spread of COVID-19 at home and at work? There’s a CDC prevention recommendation, there are employer materials. Look, there’s a lot of talks right now about removing employer liability for COVID-19. If your employees catch it at work that has not happened yet, as of this recording, and it may not happen at all. It’s a tough pill to swallow for a good half of the country. So the long and short is, you need to be doing everything you need to spend a little bit of time at least, again, compliance as a spectrum to the best you can. Don’t put yourself out of work. Don’t spend all 40 hours talking about COVID-19 that week, but spend some time talking about how to reduce the spread of COVID-19 at work, and what you’re doing there because if nothing else, keep it from spreading more. But even more than that provides a little bit of help on a liability shield. If they’re going to come into a worksite make sure they understand what’s expected of them in the workplace. Do they need to wear a face mask or face covering? Will protective items and hand sanitizer be provided? By the way, that’s the law in Delaware, you must provide it if you’re open period. Are the workplace hours going to be different? Will you be taking employees’ temperatures each day when they arrive? Is teleworking or staggered shift work allowed, encouraged, required? That’s the question you got to answer.

You need to have a specific policy about employees who are currently ill or have contact with an ill family member that they must stay at home. If an employee becomes sick at work, you must send them home. This is important. State this in writing. It’s worth saying when people start coming back on. It’s going to reassure those who aren’t sick. They’re gonna be like, “Okay, it’s safe to come back.” If an employee inside your organization itself, if you can, and you should be able to, I mean, I know manufacturers who have managed to do this warehouse staff, promote safe social distancing, encourage employees to remain at least six feet away from each other. If they can do it at all, do it via email, message call, or video call rather than face to face, and to clean their computer equipment, desktop phones, and workstations often. One company has done a really cool thing. They have a little buzzer. They do it every I think it’s an hour and 20. And they’ve put a can of like Lysol and disinfectant wipes. They’re just like, “Hey, hour and 20 everybody gets up, wipe your stuff down. It’s kind of cool. It’s a little like there’s this practice in Japan’s total side note. And I cannot remember the word for it because it’s in Japanese. But they do calisthenics, like at work in the morning as a big office. It’s super cool. If you ever want to google it, Google like I don’t know, Japan office calisthenics. You’ll see some great videos. It was just like a sea of men and women in suits, like super nice dressed up doing like basic tie bow stuff. I don’t know, I think it’s great and I’ve always wanted to do it in my office we’re going to have a foot spa. My employees look at me like I’m crazy. But anyway, back to that. You can do that, you can make it fun. Get that done. Don’t forget if it’s the hourly effect. 

Okay. Discourage handshaking. This is another one in that health and safety thing. It’s worth mentioning, it’s really hard to break if you’re used to it, especially your sales team. Give them a heads up that you do not think handshaking is a good idea. Do your best not to do it. And take those recommendations from cleaning to washing your hands, social distancing put a couple of posters up at your workplace, put it in the bathrooms, put it outside the bathrooms, put it in the main areas. Just remind people by putting that up again, you’re going to help stop the spread of this disease. 

Okay. So those are our health and safety. We cover policies, procedures, health, and safety. Now, just a few broad best practices. In general, you have to be aware of the local COVID-19 health and other orders that are related to your business. I can’t keep up with the entire country, every city is different, counties are different, states are different. We’re keeping a list of states in our reference library, peopleprocess.com/covid19. We got all kinds of info on there, including a state’s reference list. But this is really something you got to figure out, follow your mayor’s office, figure out what’s going on there because every city is different. And some of them are saying, “Look, you can have your store open but only at 25% or at 50%. Or in this industry, you can only have five people and you have to look at that. So figure out how that’s going to get checked. If you’re a grown-up company, that should be somebody’s child, the first thing every day. What’s the plan, what’s updated, make a little briefing packet for the executive team something like that, or the executive course can follow it themselves. 

Double-check whatever you’re doing with your cleaning company. If they’re up, make sure they’re up to date on current methods for safely renewing COVID-19 hazards. If you’re using a large company, you may want to call them and ask if they can do it. There are some really cool things like antibacterial bombs or antiviral bombs that you can do in your office every other night or something that’ll just take care of this. It’s like a misting system. Pretty cool. But if you’re using a gal Friday, you don’t have a dedicated office cleaner, whatever it is, you just need to think about how you know what their experience and provisions are related to this. In general, you need to communicate frequently and transparently with your employees. Provide timelines for recalling rehiring employees. You’re not bringing everybody back. What’s the plan there if you’re bringing everybody back? Provide returning employees with recall or offer letters. This is important, let them know, give it to them in writing, “As of this day you’re coming back.” Very important, it’s going to support stopping unemployment claims among other things. 

Train managers on dealing with employees that may face increased personal challenges during this time, such as bereavement loss, childcare, school cancellation challenges, financial stress, other dependent care, and support needs. While I meant it, mentioning it, check out your EAP program. If you offer benefits, your employee assistance program has counseling around all of those topics really well. You don’t have an EAP program, contact the benefits broker like us, we’d be happy to help you find one. A lot of times they can incorporate it into other benefits at a very low cost. Super cool. So you need an EAP program at this time. If you can think about how you can do whatever you used to do in a more flexible and remote way. I know that’s obvious, but I’m just going to say it however you did it before may not be the way you’re going to do it going forward. This is cool. Designate a workplace coordinator who will be responsible for COVID-19 issues and their impact at the workplace. It’s a great person to say, “Look, this is your COVID-19 person, they’re staying on top of stuff, they’re going to be the ones who keep an eye out. For if you see someone being sick, sneeze in and you’re worried to go talk to them. This is the person we’re going to make sure is super on top things at this work location. Giving a COVID-19 kind of coordinator will help you streamline this and think about it more in a process way. Develop a plan to operate if absenteeism spikes or if another shelter in place or stay at home order occurs in the future. 

Now that we’re getting back up, I want you guys to take a minute, think about if this all happens again. You need a plan to continue your central business functions. You need a flexible work schedule and leave policy you could pull in and think about cross-training. Think about. Do it. Do cross-training on performing essential business functions so that you have more flexibility in the future. You don’t have to keep a bunch of individuals who are the only people who don’t cross-train your central business functions. Also, while you’re at it, people are coming back, developing emergency communication plans, including a way to answer workers’ concerns. So not just a way for you to contact, but how are they going to contact. What’s the process for this internal back and forth? Highly recommended. What’s the emergency communication plan and communicate it to them. 

Finally, and perhaps most importantly, communicate your appreciation and welcome the employees back to work. I highly recommend anytime you’re communicating information, pure information, written materials make sense. But if you’re trying to communicate sentiment, it’s got to be video or in person. So take a minute if you’re trying to get this out to a lot of people without your iPhone, or your Android, which we prefer, whatever. Make a video and say, “Thank you all for being part of the team during this crazy last three months. We’re excited to launch out into this new world where we are going to grow and thrive. And it’s because of you, you’ve experienced great hardship, there’s more to come probably, but we want to be here for you and we appreciate you. Your actions over the last three months have helped us keep this place afloat. And now we want to grow together, make things great. Your actions over the next three months are going to help us do that. Thank you for coming back.” Something like that is gonna go a long way to motivate your employees. So communicate your appreciation and welcome your employees back to work.

Ladies and Gentlemen, my name is Rhamy Alejeal. I’m the CEO of People Processes. And I want to thank you for tuning in, for listening. I hope you learn something. I hope you took away a nugget that’s going to be worthwhile to you. Please go to peopleprocesses.com and subscribe. Download the checklist. It’s just two pages and checks them off as you go. Be super helpful for a quick internal review. Now it’s time for you to go out there. Have a great day and get your work done.

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