Many cities and states have issued guidance regarding face coverings, social distancing, and other safety measures for employees. When each state has different, rapidly evolving guidance, and sometimes conflicting guidance, this can quickly become confusing.  However, failure to establish policies and obtain consent can expose startups to litigation.

Startups may have questions and concerns regarding best practices for reopening and reducing the risk of spreading COVID-19. To address these concerns and mitigate risk, we have compiled a number of return-to-work policies and procedures for startups to consider.

Face Coverings

  • Provide each employee with a washable, reusable mask.
  • Investigate any instances of non-compliance consistently and fairly (without violating the ADA).
  • Refrain from making assumptions about employees with known pre-existing medical conditions.
  • Avoid automatic exclusions for individuals perceived as vulnerable when creating and implementing return-to-work policies and procedures.

Symptom-Monitoring

  • Implement symptom-monitoring protocols for employees and visitors (could be anything from self-monitoring symptoms to temperature scan stations).
  • Determine what temperature threshold is required for your work site (the CDC recommends 100.4°F (38°C) but some states have a lower threshold).
  • Do not retain any employee symptom information to avoid a potential violation of the ADA’s confidential information requirements.

Cleaning Requirements

  • Establish and maintain cleaning protocols specific to the needs and nature of your business.
  • Identify high touch areas, such as door handles and light switches, and frequently clean and sanitize these areas.
  • Provide hand sanitizer and sanitizing wipes in various areas throughout the workplace.
  • Review state-specific cleaning requirements and implement these procedures accordingly.

The best way to mitigate risk is to have return-to-work policies and procedures in place.  Since every startup is unique, we recommend creating a plan specifically for your employees, customers, suppliers, and other stakeholders.  If you have specific questions regarding your startup’s return-to-work plan, please reach out to your Husch Blackwell attorney or consider using our Return-to-Work Policy Generator customized to your specific business.

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Photo of Jessica Barranco Jessica Barranco

Jessica finds practical solutions for both everyday and complex employment issues that clients face. She works closely with clients to offer guidance on a wide range of investigation and compliance concerns, including the Fair Labor Standards Act (FLSA) and the Family and Medical…

Jessica finds practical solutions for both everyday and complex employment issues that clients face. She works closely with clients to offer guidance on a wide range of investigation and compliance concerns, including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

Photo of Theresa Mullineaux Theresa Mullineaux

Theresa focuses her practice on commercial litigation and represents clients in a wide variety of industries, including education, financial services, healthcare, and manufacturing. She has experience in all stages of litigation, including fact investigations, initial pleadings, dispositive motions, motions in limine, discovery, depositions…

Theresa focuses her practice on commercial litigation and represents clients in a wide variety of industries, including education, financial services, healthcare, and manufacturing. She has experience in all stages of litigation, including fact investigations, initial pleadings, dispositive motions, motions in limine, discovery, depositions, and trial strategy. Theresa is also a member of the St. Louis Cortex team, helping startup companies navigate the legal environment.

Photo of Rebecca Holdredge Rebecca Holdredge

An experienced data scientist and attorney, Rebecca combines her analytical, business and legal skills with out-of-the-box thinking in a law firm setting. She provides insight into how the firm can stand out to clients through its use of cutting-edge technologies, methods and products.

An experienced data scientist and attorney, Rebecca combines her analytical, business and legal skills with out-of-the-box thinking in a law firm setting. She provides insight into how the firm can stand out to clients through its use of cutting-edge technologies, methods and products. Leading the firm’s Innovation Advisory Team and the associate’s Legal Innovation Team, she encourages attorneys to create a culture of innovation and improve efficiency and quality by developing best practices and leveraging technology.