Reopening Workplaces During COVID: Rehiring Staff and Mitigating Risk through Health Screenings and Liability Waivers

As states reopen, businesses are formulating detailed return-to-work plans. The first decision is often which employees to rehire from furloughs and layoffs, especially when rehiring everyone is not an option. The session will explore the potential pitfalls of rehiring decisions and how to avoid them.

The program will also address certain risk mitigation strategies to consider before reopening, including an in-depth discussion of liability waivers, assumptions of risk, and other contractual tools. The course will conclude with a discussion of Equal Employment Opportunity Commission guidance regarding temperature checks, health screenings, and pandemic preparedness in the workplace.

Presented by Wendy Fischman and Isaac Mamaysky, this program will benefit employers and their attorneys as businesses reopen.

1. Identify the relevant considerations regarding rehiring following furloughs and layoffs
2. Discuss potential pitfalls when deciding who to rehire and how to avoid these pitfalls
3. Analyze various considerations surrounding the usefulness and limitations of waivers and related tools to mitigate risk
4. Review guidance from the EEOC regarding employee temperature checks, health screenings, and the Americans with Disabilities Act