What Businesses Need to Know and Do Before Bringing Employees Back to Work


CLE credits earned: 1.5 GENERAL (or 1.5 LAW & LEGAL for WA state)

Along with the President, many governors around the country are considering easing stay-at-home restrictions and allowing businesses to open to the public. Whether businesses had completely shuttered through the stay-at-home order, moved to telework, or remained open under limitations, returning to more normal operations will require a review of policies and procedures to protect from legal liability. Although many return to work policies will be industry-specific, all businesses will have to consider medical screenings, cleaning protocols, privacy issues, training on new laws and how to deal with internal complaints. This webinar will be presented in two thirty-minute segments.

Key topics to be discussed:

•   Implementation of Policies and Procedures to Protect Businesses Returning to Operations
•   Potential Legal Exposure After Employees Return to Work

Date / Time: May 1, 2020

•   2:00 pm – 3:30 pm Eastern
•   1:00 pm – 2:30 pm Central
•   12:00 pm – 1:30 pm Mountain
•   11:00 am – 12:30 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: May 1, 2020

Cynthia L. Effinger, Esq. The value I bring to my clients is that when the dispute cannot be resolved I have trial experience and can best prepare the client for the courtroom. I have chosen to practice at McBrayer because its employment law department is constantly evolving and expanding, which is a resource that our clients are not able to receive from our competitors. We take a team approach to solving our clients’ problems and when necessary we will bring in attorneys from different practice areas to offer a new perspective.
My main practice area is focused in employment and commercial litigation where I help clients with business disputes, claims of discrimination and harassment, non-compete and other restrictive covenant agreements, wage and hour issues, and contract disputes. Most recently, I have assisted clients in resolving U.S. Department of Labor and Kentucky Labor Cabinet investigations and audits.
In addition to litigation work, I work with clients to develop employee handbooks including social media policies and am involved in employee relations issues. My background lends itself well to consulting with businesses with regard to client and competitor issues as well as disputes among business owners themselves.
Prior to joining McBrayer’s Louisville office, I practiced at Seiller Waterman, LLC from 1997-2011.

Claire M. Vujanovic, Esq. I have spent my twenty-year legal career between employment law and traditional labor law. I started my career as a Field Attorney with the National Labor Relations Board in Chicago. I wanted trial experience quickly and I was not disappointed: I was assigned one trial a month for three straight years. I tried my first case two months into my tenure, and by the end of my stint with the NLRB, I had tried three unfair labor practice cases, overseen 50-plus representation hearings, and settled over 100 cases. It was exhilarating, and I learned the government’s approach to labor law.
I chose to practice labor law because I knew I would never get bored. It’s an incredibly dynamic area of the law that can change with the political winds. Thus, every four to eight years you may see a complete shift in the law. There is also an unpretentiousness about this area of law that I truly appreciate. Practitioners may be a bit rough around the edges, but we don’t put on airs.
After working with NLRB and then two law firms in two different states, I became a solo practitioner focusing on employment consulting. This is where I truly learned the business of law. Small business owners have to be a jack-of-all-trades. They have to become experts at marketing, bookkeeping, IT, human resources, and accounting, all while also performing their core business. Learning how to deal with all of the aspects of running my own business was daunting. This experience not only gave me a deep respect for small business owners, it gave me new insight into the challenges they face daily. I am in awe of those who do it.
I understand that a client’s business is what fuels them. I understand they would much rather be developing their core business than talking to me or thinking about the law. I want my clients to know that I will do my best to take all of that off their plates so they can focus on doing what they love.
After working with the NLRB at the start of my career, my husband and I moved to Asheville, North Carolina, where I began working with the oldest and largest law firm in western North Carolina, the Van Winkle Law Firm. My boss was a litigation cowboy. There, I handled cases ranging from family law matters to multidistrict antitrust matters. Where the government taught me to work within the structures of the rules, in Asheville, I learned to think on the fly, color outside the lines, and figure it out as I went along.
Upon moving to Louisville, I started working with Fisher & Phillips. I was able to take all I had learned from practicing cowboy litigation and completely immerse myself in the nuances of employment and labor law. Working primarily with an international employer and its ancillary businesses and affiliates, I was able to see the practice at 10,000 feet, and it was a fascinating machine. Just getting all of the moving parts to progress in the same direction was a herculean effort, but once the systems were in place, it was like watching a ballet.

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Part I: Implementation of Policies and Procedures to Protect Businesses Returning to Operation
This section will focus on the policies and forms that need to be in place for the health and safety of employees, customers and vendors, and the policies that need to be in place to comply with the ever-changing legal landscape related to the COVID-19 pandemic. This will include identifying a Pandemic Coordinator or Team to address specific issues related to sanitizing, privacy, infection control, recall plan, new or revised attendance policies, new or revised work from home policies, and the importance of training for supervisors related to new legal liabilities.

Part II: Potential Legal Exposure After Employees Return to Work
This section will focus on how businesses should properly handle leave requests, employee infections and exposure, internal complaints and department of labor complaints. We will discuss how OSHA, the NLRA and other existing laws are implicated by the COVID-19 pandemic and continuing concerns and identify best practices for handling sick leave requests under the Families First Coronavirus Response Act and CARES Act. Each of these laws can form the basis of potential claims, and businesses should be aware of their obligations as well as their employees’ rights.