Automatic Merchandiser - 25

brokers so they are properly insured
in case of COVID-19 claims from
customers or employees. Operators
need to keep track of all federal and
local regulations and executive order
guidance on health and safety during
the pandemic. One law that operators
- especially those with fewer than
500 employees - should be familiar
with is the Families First law, which is
part of the CARES Act.
"Generally, employees who are
affected by COVID either by testing
positive, having positive family members they are taking care of or being
unable to work due to school and day
care closings, must be provided paid
sick leave in certain instances," Bailey
said. "This currently is in effect until
the end of 2020. Thus, seek guidance
from labor and employment counsel
to confirm you are paying out sick pay
in accordance with the law."
Workers' compensation is one
of the most significant issues that
will come up this year, Bailey added.
During the coronavirus pandemic,
operators should have COVID-19
questionnaires available in case an
employee tests positive or is presumed
to have contracted the coronavirus, as
this will lessen the likelihood that the
employee got the virus at work, Bailey
said. Awareness that employees have
recently traveled or are living with
someone who has contracted COVID
may diminish the risk on a workers'
compensation claim and even OSHA
liability, she noted.
Operators may want to have customers sign waivers.
"While you cannot have employees sign a release of claims related
to COVID-19 since such claims are
covered by workers' compensation
and cannot be waived, depending
on where you are located, you could
look at having customers sign such
waivers," Bailey said. "Getting counsel
involved to properly draft such a
waiver is recommended."

It is also critical to address any
incidents of harassment or discrimination and ensure related policies are up
to date.
"Moreover, your management
team should be trained on looking for
xenophobic behavior by employees
towards those of Asian or Chinese
descent since many people inaccurately assume they are carrying the
virus," Bailey said. "You must ward off
those discrimination and harassment
types of behavior."
She anticipates ADA and religious
requests for accommodation will rise
in response to face mask requirements.
"Employers have a duty to enter
into the interactive process to see if
there is a reasonable accommodation
for the employee," she said.
Operators should also prepare for
employment issues that could arise
this year. Non-exempt hourly employ-

ees need to be logging and reporting
their worked hours correctly, and all
time worked must be recorded, Bailey
noted. There are several apps and tools
available that operators can use with
their employees who work remotely.
Workers may decline to
come back to work if they
are making more money
on unemployment, she
added. Operators should
ask their local unemployment office for guidance if
they find themselves in this situation.
"This type of behavior could put
their unemployment in jeopardy,"
Bailey said. "An employee on unemployment has a duty to be ready, willing and able to return to work. As an
employer, generally, you have a duty
to let the unemployment office know
that you did offer them a job and they
turned it down." ■

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800-422-2866

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August 2020 * VendingMarketWatch.com

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Automatic Merchandiser

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