Going Forward · 2020. 6. 12. · • Fluent with a masters degree in Spanish • Peace Corps Alumna. Operations and Workplace Readiness BEFORE ... Communicate with transparency:

June 10, 2020

Going Forward Best Practices

and Considerations

for Non-Profit Reopening

Linda M. CzipoPresident & CEO

Center for Non-Profits

• 30+ years with the Center

• Advocacy Titan

• Rutgers University and Lead New Jersey Graduate

• One of South Jersey Biz’ “Power 50 and one of NJBiz’s Top

50 Women in Business

• Professional Problem Solver

• Promoting New Jersey’s non-profit community

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Since 1982, the champion and go-to resource for and about New Jersey’s non-profit community

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voice and programs even stronger.

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#njnpconf

SAVE THE DATEDecember 2 - 3

2020 New Jersey VIRTUAL Non-Profit Conference

Sponsorship Opportunities Available

What we’ll cover today:

Intro & Guiding Principles

Readiness Essentials

Human Resource Considerations

Communicating with Stakeholders

Gatherings & Events

Q&A/Wrap Up

Your presenters…From the Center for Non-Profits

Linda M. Czipo

President & CEO

Debbie Duncan

Director of

Member Services

Susan M. O’ConnorDirector of

Communications

Caitlin Giles-McCormick

Program Coordinator

Thank you to our

special guest…Maxine Neuhauser, Esq.

Member of the firm

Disclaimer

“The information provided in this presentation is for informational purposes

only and does not constitute legal, safety, medical or counseling advice.

For answers to specific questions concerning your situation, you should consult a knowledgeable attorney or

health professional who can advise you regarding your particular

circumstances.”

https://covid19.nj.gov/

COVID-19 RESOURCES

njnonprofits.org/COVID-19.html

COVID-19 RESOURCE PAGE

Where we are

https://covid19.nj.gov/faqs/nj-information/general-public/when-and-how-is-new-jersey-lifting-restrictions-

what-does-a-responsible-and-strategic-restart-of-new-jerseys-economy-look-like#direct-link

Where we are

NJ Phased Reopening

Stage 1: May 2-June 1

State parks, forests golf courses, campgrounds, other outdoor

recreational businesses, non-essential retail for curbside pickup, elective

surgery (various capacity / distancing restrictions still apply)

Stage 2: June 15-July 6

Child care centers (all clients), outdoor dining, non-essential retail

(indoors), MVC driver testing/licenses, hair salons, swimming pools, youth

day camps/summer camps, museums/libraries (tba), limited in-person

gov’t services (tba)

Source:

https://covid19.nj.gov/faqs/nj-information/general-public/when-and-how-is-new-jersey-lifting-

restrictions-what-does-a-responsible-and-strategic-restart-of-new-jerseys-economy-look-

like#direct-link

NJ Phased Reopening

Stage 3: Dates TBD

Expanded dining, critical in-office work, limited entertainment,

expanded personal care, bars with limited capacity.

Precautions across all stages include:

• Work that can be done from home should continue to be done from

home.

• Clinically high-risk individuals who can stay at home should continue

to do so.

• Follow state and federal safeguarding guidelines: wash hands; wear

masks in public; respect social distancing; minimize gatherings;

disinfect workplace and businesses; and no mass gatherings

And the many agencies, government offices

and organizations whose resources are included

and linked to in the reopening guide.

Our thanks to:

Guiding Principles

• Follow government/public health directives.

• Lead with mission, vision, values.

• Prioritize the safety of staff, volunteers, constituents/patrons in all decisionmaking.

• Communicate.

• Prioritize equity, racial/social justice and cultural competency in your plans and execution.

Deborah L. Duncan, M.P.A.

Director of Member Services



• Non-profit mentor

• A key connector, helping non-profits get to the right

services and partners

• Fluent with a masters degree in Spanish

• Peace Corps Alumna

Operations and Workplace Readiness

BEFORE returning to

the office

Once the decision is made to return to physical work locations

Get Ready …..

1. Prepare for re-engagement

1. Office considerations

2. Your staff

3. Your clientele

2. Work with and inform your board

3. Include thorough risk management and scenario-planning

considerations. Consult specialists and colleagues in your

field to compare notes and plans.

4. Communicate with transparency: Inform your constituents,

donors and the public know your plans in advance

Primary sources for guidance on COVID-19 concerns

• World Health Organization (WHO)

• Centers for Disease Control and Prevention (CDC)

• State of New Jersey

• Your county health departments

(See Going Forward: Best Practices and Considerations for Non-Profit Reopening for these and additional links)

https://www.njnonprofits.org/GoingForwardReopeningGuideForNonProfits_May2020.pdf

Establish a task force and leader to establish a reentry process

and policies

• Policies and procedures

o in-workplace

o out-of-office functions

• Finalize clear policies and procedures in advance

• Communicate policies and procedure with staff (&

volunteers) BEFORE they return to the office

• Set up monitoring practices for safely, cleanliness,

maintaining distances, etc.

25

Preparing the Workspace for Return

• Assess the space for social distancing

o Desks six feet apart, use of cubicles, offices

o Gathering areas such as waiting and conference rooms

o Kitchen & eating areas, bathrooms

Preparing the Workspace for Return

• Determine # of returning employees

and estimated visitors/clients

(Check state & federal directives)

• Thoroughly clean and sanitize the workspace

and common areas

• Place cleaning/sanitizing supplies in public

and locations

• Stock face masks, sanitizing products, PPE,

cleaning supplies

• Follow ALL guidelines for sanitation and social

distancing from your local health department.

Preparing the Workspace for Return (cont.)

• Check on air handling/HVAC system

for compliance to industry standards

(filtering, expelling)

• American Society of Heating,

Refrigerating and Air-Conditioning

Engineers (ASHRAE) www.ashrae.org/technical-resources/resources


http://www.ashrae.org/technical-resources/resources

• Tactics to consider:

o Flexible worksites (tele-work; adapt meeting rooms)

o Flexible work hours (Staggered shifts)

o Increase physical space between employees

o Increase physical space between employees &

clients

o Postpone non-essential meetings and events or

make virtual


• Tactics to consider:

o Downsize operations

o Deliver services remotely

o Deliver products through virtual and/or digital

platforms

o Rely less on paper that is passed around the office


Operations and Workplace Readiness

Staff returning to physical workplace

• Have written policies and procedures available

• Conduct virtual or small group meetings to review policies

• Be sure to allow for questions and concerns

• Invite suggestions for improvements and concerns and

have 2-3 communication channels for conveying them

(oral, email, anonymous suggestion box)

• Cultivate team investment in healthy practices and

shared workload


• Allow time for re-starting equipment and cleaning

o Dust and clean equipment BEFORE turning on

o Updates to operating systems and programs

o Email may be backlogged

o Replace dead batteries

• Instruct staff on transferring digital data safely (ex: virus

check at home and before installing in work computer)


Oath of Personal Responsibility

All staff, board members, frequent

visitors and clientele should sign a

statement of commitment.

Not legally binding, it affirms our responsibilities

(in and outside the office)

• Social distancing

• Good hygiene

• Disease detection and management

Oath of Personal Responsibility – Sample

I, Alba Poindexter, am aware of the potential spread of COVID-19 that could result in severe illness

and potential death, and that my actions may affect the health of those around me.

Therefore, I will, to the best of my ability, practice proper social distancing at work and outside of

the office as recommended by health department directives, as well as practice good hygiene

(handwashing, use of hand sanitizer, wearing of a mask when required, etc.) and follow other

health recommendations.

Should I become ill, I promise to self-report the illness and contact my non-profit to let them know

of my condition. I will adhere to testing guidelines and work with my own primary care providers.

Finally, if I am exposed or suspected to be exposed to COVID-19, I will self-quarantine and notify

my non-profit.

Signed,

Alba Poindexter

• Implement “clean desk” policy with staff

responsible for their own workspaces

o Daily cleaning and sanitizing of high

touch areas (keyboard, mouse, phone,

handles)

o Clean after eating

o Empty trash & recycling daily

o Minimize paper usage

Ongoing Sanitation and Social Distancing Guidelines

• Staff wash hands regularly and avoid excessive touching

of communal surfaces

• Hand sanitizer & disinfecting wipes available in all public

and common use areas

• Avoid using co-workers desks and equipment

• Use EPA-registered household disinfectants & follow

directions


• Routinely clean and disinfect all frequently touched

surfaces - especially common use and gathering areas

o Shared workstations, keyboards, telephones

o Common use equipment: copiers, projectors,

remote controls

o Handrails, doorknobs, light switches

o Coffee pot & refrigerator handle, microwave

keypad & handle


DO NOT BECOME COMPLACENT!


• Be sure to instruct staff, visitors, clients, etc. on procedures

and supplies

o Avoid physical contact - handshakes & hugs

o Wear masks in common areas: for meetings, attending

clients, transporting supplies, etc.

o Proper handwashing (signs in restrooms & kitchen)

o Physical distancing may require signs and markings

Old habits will need to be adjusted!


Food in the Workplace

• Limited or no communal food (shared food, buffets, coffee)

• Have employees eat alone to preserve social distancing

• Restrict communal food in refrigerators and cupboards

• Food prepared & served for clientele must be served by

service staff using appropriate PPE - not self-serve!

• Always follow local health department & FDA guidelines

Food Handling Options in the Workplace

Protocols for Public Opening and ClosureThanks to Progressive Center for Independent Living for photos of their space as they prepare to open fully.

• Clear communication to staff and the public is

essential!

o Employee return does not mean “open to the

public”. Communicate in advance!

o Employees need specific guidelines for who can

enter the office and when

o To open for visitors, post signage about safe

practices expected & in appropriate translations

Protocols for Public Opening and Closure

• Consider having outdoor/curbside transactions as

appropriate

• All visitors should sign in allowing for contact tracing

when needed

• Remember that regular visitors read and/or sign the

“Oath of Personal Responsibility”

• Notify mail & delivery services office is now open

Protocols for Public Opening and Closure

Thanks to Progressive Center for

Independent Living for photos of

their signage and office space

as they prepare to open fully.

Thanks to Progressive Center for

Independent Living for photos of

their signage and office space

as they prepare to open fully.

Maxine Neuhauser, Esq.

Member of the firm in the Employment, Labor &

Workforce Management and Health Care & Life

Sciences practices

Her practice focuses on litigation and providing

strategic advice and counsel to regional, national,

and international corporations, non-profit and social

service organizations, in multiple areas of law,

including labor and employment, intellectual

property and non-competes, and health.

© 2020 Epstein Becker & Green, P.C. | All Rights Reserved. ebglaw.com

Employment Best Practices and Considerations for Non-Profit Reopening

New Jersey Center for Non-Profits

June 10, 2010 Maxine Neuhauser, Esq.

Epstein Becker Green

[email protected]

mailto:[email protected]

© 2020 Epstein Becker & Green, P.C. | All Rights Reserved. | ebglaw.com 2


Welcome back!

Safe workplace

Reasonable accommodation

Wage & hour

Non-discrimination/non-retaliation

Leave and benefits laws


Where are we now?NJ COVID Summary Update

On March 9, Gov. Murphy issues Executive Order 103 declaring State of Emergency and Public Health Emergency

On March 21, Gov. Murphy issued Executive Order 107 directing all individuals in NJ to stay home, except to go to an essential job or to shop for essential needs. Subsequent amendments have reopened some parts of the NJ, but EO 107 remains in place and does not currently have a sunset date

April 27, Gov. Murphy announces outline for reopening the economy based on Six Key Principles

On May 18, Gov. Murphy announced three-stage process for lifting restrictions Six Key Principles, to provide “economic restart to put New Jersey on the road to recovery from COVID-19”

On June 9, Gov. Murphy announced lifting of stay-at-home order and further lifting of restrictions regarding public gatherings

Businesses may operate, provided they follow mitigation requirements (varies by business type)

New Jersey website for COVID-19 Frequently Asked Questions

https://nj.gov/infobank/eo/056murphy/pdf/EO-103.pdf


https://faq.business.nj.gov/en/articles/3839687-what-mitigation-protocols-are-required-for-businesses-continuing-to-operate

https://covid19.nj.gov/index.html


The Road Back

http://d31hzlhk6di2h5.cloudfront.net/20200518/ff/c9/8c/41/1917eaf623c02595b9225209/Strategic_Restart_Plan.jpg


The Road Back: 3 Stage Process for Reopening

http://d31hzlhk6di2h5.cloudfront.net/20200518/ff/c9/8c/41/1917eaf623c02595b9225209/Strategic_Restart_Plan.jpg


Precautions that apply across all stages

Work that can be done from home, should be done from home

Clinically high risk individuals who can stay home should [be permitted to] do so

.


OSHA: Safe Work Place

Occupational Safety and Health Administration General duties clause

• Employers must provide employees with a safe workplace

• Includes establishing and updating operating procedures and communicating them

to employees

https://www.osha.gov/laws-regs/oshact/section5-duties


CDC: COVID-19 Opening/Reopening Guidance

https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

Are recommended health and safety actions in place?

Promote healthy hygiene practices such as hand washing and employees wearing a cloth face covering, as feasible

Intensify cleaning, disinfection, and ventilation

Encourage social distancing and enhance spacing between employees, including through physical barriers, changing layout of workspaces, encouraging telework, closing or limiting access to communal spaces, staggering shifts and breaks, and limiting large events, when and where feasible

Consider modifying travel and commuting practices. Promote telework for employees who do not live in the local area, if feasible

Train all employees on health and safety protocols

https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html

https://www.cdc.gov/handwashing/when-how-handwashing.html

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html

https://www.cdc.gov/coronavirus/2019-ncov/community/clean-disinfect/index.html

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html


CDC: Guidance

Is ongoing monitoring in place?

Develop and implement procedures to check for signs and symptoms of employees daily upon arrival, as feasible

Encourage anyone who is sick to stay home

Plan for if an employee gets sick

Regularly communicate and monitor developments with local authorities and employees

Monitor employee absences and have flexible leave policies and practices

Be ready to consult with the local health authorities if there are cases in the facility or an increase in cases in the local area

https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html

https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html


OSHA Guidance on Preparing Workplaces for COVID-19

Develop an Infectious Disease Preparedness and Response Plan

Prepare to Implement Basic Infection Control Measures

Develop Policies and Procedures for Prompt Identification and Isolation of Sick People, if Appropriate

Develop, Implement, and Communicate About Workplace Flexibilities and Protections

Implement Workplace Controls

oEngineering

oAdministrative

oSafe work practices

oPPE

https://www.osha.gov/Publications/OSHA3990.pdf


Office Reopening Plans: Common Recommendations

• Create a safety plan

• Designate a site monitor to oversee plan

• Conduct employee training

• Implement physical distancing protocols

• Continuation of telework, where feasible

• Phase-in of workforce and staggered schedules

• 6-foot separation rule

• Installation of physical barriers between workstations

• Require face coverings in various circumstances

• Mandate closure/limits on areas of congregation

• Develop a screening process

• Implement protocols for ensuring COVID-19 positive, symptomatic, and exposed employees out of the workplace

• Create a communications plan, including notification to co-workers and local DOH of a positive case (without identifying employee)

• Implement a comprehensive sanitization and disinfection program

Resource: New York State Business Reopening Safety Plan

https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/NYS_BusinessReopeningSafetyPlanTemplate.pdf


Considerations for deciding who should return to the workplace

• What job functions must be performed at the workplace?

• What job functions have not been successfully performed during work-from-home?

• What job functions have been successfully accomplished via telework?

• Is partial work from home viable?

• Should/can jobs be reconfigured?

• Commuting concerns?

• Employee preference?


EEOC Technical Assistance FAQs

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws

Acknowledges that COVID-19 presents a direct threat to the health of others sufficient to justify testing. It cautions, however, that employers should only use tests that are “accurate and reliable.”

Permits temperature taking

Permits asking about symptoms

Employers may require protective gear (e.g., masks & gloves)

Employers may require infection control practices (e.g., hand washing and social distancing)

Requires reasonable accommodation & interactive process. Employee’s obligation to ask

Employees may not be excluded from workplace solely because of underlying condition/high risk

https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws


There’s an App For That


Responding to Requests for Accommodation

Employee’s health condition, including mental health condition

• Mental health issues exacerbated by the pandemic

Vulnerable family member

Children at home

Transportation concerns

Fear of contracting virus

(OSHA: may refuse to work because of a reasonable belief that doing so would place the employee in danger of death or serious injury)


EEOC Guidance: Interactive Process

Possible questions for the employee may include: (1) how the disability creates a limitation, (2) how the requested accommodation will effectively address the limitation, (3) whether another form of accommodation could effectively address the issue, and (4) how a proposed accommodation will enable the employee to continue performing the "essential functions" of his position (that is, the fundamental job duties).

https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada#requesting


EEOC Guidance: Reasonable Accommodation

Accommodations may be temporary basis without causing undue hardship on the employer, e.g. temporary job restructuring of marginal job duties, temporary transfers to a different position, or modifying a work schedule or shift assignment

Low-cost solutions may include changes to the work environment such as designating one-way aisles; using Plexiglas, tables, or other barriers to ensure minimum distances between customers and coworkers

Flexibility by employers and employees is important in determining if some accommodation is possible in the circumstances.


EEOC Guidance: Undue Hardship

D.9. Are the circumstances of the pandemic relevant to whether a requested accommodation can be denied because it poses an undue hardship? (4/17/20)

Yes. An employer does not have to provide a particular reasonable accommodation if it poses an "undue hardship," which means "significant difficulty or expense." In some instances, an accommodation that would not have posed an undue hardship prior to the pandemic may pose one now.

https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada#undue


US DOL Wage and Hour Division Guidance

COVID-19 and the Fair Labor Standards Act Questions and Answers

Can an employee be required to perform work outside of the employee's job description?

Yes. The FLSA does not limit the types of work employees age 18 and older may be required to perform. However, there are restrictions on what work employees under the age of 18 can do. This is true whether or not the work asked of the employee is listed in the employee's job description.

If individuals volunteer to a private, not-for-profit organization, are they entitled to compensation?

Individuals who volunteer their services in an emergency relief capacity to private not-for-profit organizations for civic, religious or humanitarian objectives, without contemplation or receipt of compensation, are not considered employees due compensation under the FLSA. However, employees of such organizations may not volunteer to perform on an uncompensated basis the same services they are employed to perform.

https://www.dol.gov/agencies/whd/flsa/pandemic

https://www.youthrules.dol.gov/know-the-limits/index.htm


Some Wage and Hour Issues

Non-exempts working from home potentially working off-the-clock, e.g., the late-night email

Reporting time and accurate timekeeping

Have exempt employees’ job responsibilities changed to nonexempt?

If pay reduced, do exempt employees still meet the salary threshold?

Temperature checks, self-assessment health screenings pre-shift –compensable time? Maybe


NJ Leave and Benefit Laws

1. NJ Earned Sick Leave

2. NJ Family Leave

3. NJ Temporary Disability Benefits

4. NJ Family Leave Insurance

5. COVID-19 Anti-retaliation Law

6. NJ LAD: Leave as a reasonable accommodation


NJ Earned Sick Leave Law (ESLL) Regulations: Key Take-Aways

Only one set of rules may apply to an umbrella paid time off (“PTO”) policy

• ESLL’s requirements as to permitted use, documentation, deadlines for calling out, scheduling, payout and carryover, and the like, must apply to all PTO time used for a purpose covered by the ESLL.

All requests by employees to use earned sick leave are considered presumptively valid

Employers may not require note for absence of under 3 days

Employers may require “return to work” notes

Employers may not require employees to use accrued earned sick leave.


COVID-19-related ESLL Expansion*

Amended to permit employees to use ESLL leave when

The employee’s workplace or their child’s school or care provider is closed due to a declared public health emergency,

During a declared state of emergency

The employee undergoes isolation or quarantine as a result of suspected exposure to a communicable disease and a finding by the provider or authority that the presence in the community of the employee or family member would jeopardize the health of others and

To care for a family member for the same reason

*While these amendments were enacted in response to COVID-19, the expansions are permanent and apply to communicable disease epidemics and other public health emergencies beyond the current crisis.


COVID-19-related Family Leave Act Expanded

Reasons for leave amended to add leave:

To care for a child due to school or daycare closure*, and

To care for a family member who has been ordered or advised to self-quarantine

Leave may be taken continuously or intermittently

Applies when there has been a “state of emergency declared by the Governor, or when indicated to be needed by the Commissioner of Health or other public health authority”

*Note: Gov. Murphy’s Executive Order 149 permits reopening of day care centers as of June 15, 2020



Expanded Temporary Disability Benefits Law

Expanded to cover: Disability because of illness caused by an epidemic of a communicable disease, or efforts to prevent the spread of the communicable disease, which requires in-home care or treatment of the employee where health provider or public health authority has determined that the presence in the community of the employee may jeopardize the health of others and that the employee should be isolated or quarantined because of suspected exposure to a communicable disease.

Eliminates the one-week waiting period for temporary disability benefits in cases related to an epidemic, making benefits payable from the first day of leave, irrespective of whether the individual remains disabled for 21 days (i.e., the “waiting period,” before benefits become retroactive to the first day of disability).


COVID-19-related* Anti-Retaliation Law

Prohibits employers from

Taking adverse employment action against employees who take, or request, time off due to an infectious disease that could affect others at work based on a written recommendation of a NJ licensed medical professional and

Refusing to reinstate an employee to the same positon held when the leave commenced

There is no sunset date for the law. More information regarding protected leave in New Jersey during COVID-19 may be found here and here.

*While the law was enacted in response to COVID-19, it is permanent and applies to communicable diseases generally.

https://www.workforcebulletin.com/2020/04/07/new-jersey-dol-issues-regulations-implementing-covid-19-anti-retaliation-law/

https://www.workforcebulletin.com/2020/03/23/new-jersey-enacts-anti-retaliation-protections-to-workers-impacted-by-covid-19/


NJ DOL COVID-19 SCENARIOS & BENEFITS AVAILABLE

https://myunemployment.nj.gov/labor/myunemployment/assets/pdfs/COVID-19%20SCENARIOS.pdf


Families First Coronavirus Response Act (“FFCRA”)

Effective on April 1, 2020

Sunsets on December 31, 2020

Critical Purposes of FFCRA:

1. Grants emergency paid sick leave benefits under the Emergency Paid Sick Leave Act ; and

2. Amends federal Family and Medical Leave Act (“FMLA”) to provide a paid family leave benefit under the Emergency Family and Medical Leave Expansion Act


Paid Sick Leave Benefits – Purpose of Paid Sick Time

• Employees are entitled to paid sick leave for absences related to COVID-19 from April 1 to December 31, 2020

• Eligible if unable to work or telework because: Subject to federal, state, or local quarantine or isolation order related to COVID-19

Have been advised by a health care provider to self-quarantine due to COVID-19-

related concerns

Experiencing COVID-19 symptoms and seeking medical diagnosis

Caring for individuals experiencing symptoms of and seeking diagnosis for COVID-19

or are subject to a governmental order or medical recommendations to quarantine

or self-isolate

Caring for children whose schools or places of care have been closed or whose care

providers are unavailable due to COVID-19

Experiencing any other substantially similar conditions specified by the Secretary of

Health and Human Services


Paid Sick Leave Benefits – Payment for Leave

• Employee’s Own Condition – Higher of regular rate or applicable minimum wage, up to $511/day and $5,110 total

• Care for Another Individual or Child Whose School/Care Unavailable – Two-thirds regular rate, up to $200/day and $2,000 total


Paid Sick Leave Benefits – Use of Leave

• Available for immediate use, regardless of tenure

• Employee may first use paid sick leave for permissible purposes related to COVID-19

• Company may not require employees to use other paid leave (e.g., vacation) before using paid sick leave

• Company may not require employees to find replacement before taking paid sick leave


Paid Sick Leave Benefits – Notice to Employees of Leave

• Must post notice of Emergency Paid Sick Leave Act requirements

In a conspicuous place where notices to employees are customarily posted;

Emailing or mailing it to employees directly; or

Posting it on an employee intranet or external website

• Notice available at 1-866-4-USWAGE (1-866-48709243); or

https://www.dol.gov/agencies/whd/posters

https://www.dol.gov/agencies/whd/posters


Expanded Family and Medical Leave – Eligible Employees

• Employees entitled to paid public health emergency leave due to COVID-19, from April 1 to December 31, 2020

• “Eligible employee”:

Employed for at least 30 calendar days (note: broader definition than FMLA)

Qualifying need related to a public health emergency: Employee unable to work or telework due to need to care for

employee’s under-18 son or daughter whose school or place of care has

been closed

Employee unable to work or telework because care provider for

employee’s under-18 son or daughter is unavailable because of an

emergency declared by a federal, state, or local authority concerning

COVID-19


Expanded Family and Medical Leave – Payment for Leave

• First 10 days is unpaid Employees can choose to substitute any accrued paid leave

(e.g., vacation or sick)

Employees can use paid sick leave provided by Emergency Paid Sick Leave Act

Remaining 10 weeks after first 10 Days Two-Thirds of regular rate for number of hours that employee

would otherwise be normally scheduled to work

Capped at $200/day and $10,000 in the aggregate


FFCRA Links

• FAQs: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

• FFCRA NOTICE FAQS: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions

• DOL Temporary Rule:

https://www.federalregister.gov/documents/2020/04/06/2020-07237/paid-leave-under-the-families-first-coronavirus-response-act

https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions

https://www.federalregister.gov/documents/2020/04/06/2020-07237/paid-leave-under-the-families-first-coronavirus-response-act


(Some) Bases for Liability


A FINAL WORD

Guidance for navigating any employment situation and reducing risk:

1. Have a legitimate business reason for every employment related decision

2. Always tell the truth

3. Document, document, document

And remember to treat employees fairly and with respect

© 2020 Epstein Becker & Green, P.C. | All Rights Reserved. ebglaw.com

Employment Best Practices and Considerations for Non-Profit Reopening

New Jersey Center for Non-Profits

June 10, 2010 Maxine Neuhauser, Esq.

Epstein Becker Green

[email protected]

mailto:[email protected]

Questions?

Susan M. O’ConnorDirector of Communications



• Communications guru

• Monmouth University Alumna

• 20+ years of event promotion, fundraising, and planning

• Always looking ahead to help non-profits prepare

Checking in with your staff

and stakeholders

Anxiety, Depression and Other Mental Health Issues

As we know, for most, the quarantine experience has been very

concerning, and some individuals will report significant anxiety, fear and

reticence about re-entering the workplace.

• Organizations should not be dismissive or judgmental about this anxiety.

Checking in with your staff and stakeholders

• Give staff some avenues to express concerns either with co-workers,

leadership, an employee assistance program(EAP), or other outlet.

Connect employees to resources at work and community resources as

needed.

• Employees may need additional social,

behavioral, and other services, to cope

with their work with the field and/or with

the death of a loved one.

• Management and co-workers should be

ready to work with staff members and

volunteers in an empathetic and trauma-

informed behavior.


• Remember, trauma and anxiety can manifest in a number of

ways. We should be ready to also refer employees to professional

mental health services should the need arise.

• It is important for us to understand

that this isn’t “business as usual”

and that we need to be

perceptive and attune to our

staff’s, volunteers’ and clientele’s

mental health.

Today’s Presenters

Yvette R. Murry, MSW, LCSW, President

YRM Consulting Group, LLC

Shauna Moses, Vice President, Public Affairs and Member Services

New Jersey Association of Mental Health and Addiction Agencies (NJAMHAA)

Recorded webinar available on Center’s events page

Stress Management and Self-Care for You and

Your Team During COVID-19 Crisis


Boosting and Maintaining Staff and Volunteer Morale

The pandemic is affecting people in profound ways, and impacts and

coping mechanisms may vary widely among your personnel. Keeping

close attention to staff morale is more important than ever. Morale and

mission are not mutually exclusive –in fact, in the most successful

workplaces and organizations, they often go hand in hand.


• Encourage positivity, and show genuine care and concern for

employees’ physical and mental health and well-being.

• Understand, honor and embrace the diversity of perspectives,

experiences among personnel and constituents. Everyone will

handle this differently.

• Establish regular communications and

check-ins, in groups and with

employees individually. Include time

to talk about something not related

to work or the pandemic, whether it’s

a great book you’re reading, your

pets, or something else.


• Recalibrate expectations, balancing flexibility with the importance

of work responsibilities, and be clear about goals/expectations,

and adjust as needed regularly.

• Check in with individual employees more

frequently.

• Provide resources/referrals for staff who

are experiencing distress or need

assistance.

• Provide staff with the chance to

decompress. This can include informal

check-ins, flexible scheduling.

Checking in with your staff and

stakeholders

Celebrate achievements and milestones

Birthdays, work anniversaries and key

accomplishments are all important to

commemorate and celebrate.

Since the usual in-person gatherings may not

be an option, consider creative ideas to mark

these occasions.

Self-Care Resources

How to Care for Yourself While Practicing Social Distancing –

from USA Mental Health First Aid https://tinyurl.com/yb5j3r8k

A Self-Care Guide from Rutgers University Behavioral Health

Care’s Care2Caregivers website https://tinyurl.com/yck4z2od

Yoga with Adriene YouTube video

www.youtube.com/user/yogawithadriene

https://tinyurl.com/yb5j3r8k

https://tinyurl.com/yck4z2od

http://www.youtube.com/user/yogawithadriene

Support Organizations

National Suicide Prevention Lifeline

800-273-8255, suicidepreventionlifeline.org

DBSA (Depression, Bipolar Support Alliance), 800-826-3632

www.dbsalliance.org

NAMI NJ (National Alliance on Mental Illness – NJ) www.naminj.org/

National Hopeline Network – 800-784-2433

NJ Mental Health Cares Line - 866-202-HELP (4357)

NJMHA new text service:

Text NJHOPE to 51684 for free emotional support 7 days a week, 8 am- 8 pm

NJAMHAA’s Membership Directory

https://connect.gomembers.com/directories/index.php?id=WluGsYHxm0rf

http://www.suicidepreventionlifeline.org/

http://www.dbsalliance.org/

http://www.naminj.org/

https://connect.gomembers.com/directories/index.php?id=WluGsYHxm0rf

Communication is key in all of our

relationships. Whether staff, board,

volunteers, clientele, donors, the

media or the general public, during

a crisis (even one we are all

managing), transparency is

essential. This is an optimal time to

engage our closest allies as we

navigate reopening.

Communications and Public Relations


Board Communication

As you begin to re-engage, inform the board of your

plans, phases of re-engagement, etc., feel free to share

the suggestions in our guide and this webinar with your

board so that they understand the considerations

associated with reopening.


• Work with your board chair in partnership

with the executive director for assistance

and advice through the process, particularly

with those board members engaged in this

process with their own companies and

employers.

• Have regular updates (weekly, typically) to

the board on how things are going.

• Remember, your non-profit has a full-time

job with your mission, and COVID-19

activities take a lot of your time. Keep the

board up-to-date on your core mission-

related activities as well.


Have frank discussions with your donors and funders -

Remember, your current supporters are already invested

in your organization, and they want it to succeed.

• Be clear on how the crisis is affecting your non-profit and its programs, how

you’re stepping up, the challenges you face and how you’re adapting.

• Be direct on how they can help. If you’re having trouble meeting restricted

grant or contract obligations, many funders have been flexible in allowing

organizations to repurpose the money.

• For canceled events, ask if you can retain the sponsorship as a donation.

• Many funders in New Jersey have increased their grantmaking in

recognition of the magnitude of the crisis. (See our COVID-19 page for the

latest on relief funds.)


To the Public

Depending on your mission, you’ll want to communicate to the public your

intentions about reopening any other changes to your programs, hours, and

services. Let them know your general timeline and what to expect, and that

information may be subject to change. You can do this through a

• press release,

• an email,

• a simple statement on social media,

• and a message on your website.

Be transparent and let them know what guides your

decision making.


If you are a public-facing organization that regularly engages in

your community, be detailed in your communications that your

organization is enacting the protocols to keep the public safe.

Establish a “single point of contact” or spokesperson for all media

and public relations purposes.


To Staff

• We can’t stress enough that communication to staff, board, volunteers

and donors should be especially transparent and with as great as detail

as necessary. Being forthcoming with updates will help prevent the

spread of inaccurate information or rumors.

• Let them know immediately the plans to re-engage and give sufficient

notice so they can make their own accommodations as they begin to

transition from working remotely or adjusting to other procedures.

• Be sure you communicate, and practice, concern for safety as your top

priority.


Ongoing Communications

You may want to devise a plan of ongoing communications for the next

several months that focuses on both internal work (staff, board, clientele,

etc.) and external work (donors, supporters, general public).

• Important to keep individuals informed about changes in programming

or program delivery, protocols, procedures, policy changes, etc.

• Ensure your website and social media communications are up-to-date.

Hours of operation may change or you may need to communicate

protocols for visitors, etc.

Caitlin A. Giles-McCormick, M.A.

Program Coordinator


• 5 years with the Center

• Data manager and storyteller

• Intersectional and inclusion advocate

• Professional supporter and champion

• Flemington Borough Council President

• Full capacity at venues are not likely

• Potential attendees will likely have a wide degree of concerns and

thoughts about in-person events

• Plan to have reduced capacity events or move completely online.

They’ve changed.

Donors & Event Sponsors

• Use previous event sponsorships as a guide – not as much may need to

change as you think.

• Tell the story of why things have changed, and why donations are still

needed.

• Videos and photos are particularly powerful, as well as direct mail.

• Still true: you get $0 if you don’t ask.

• Two great webinars on fundraising during the coronavirus from the

United Way of Greater Mercer County and The NonProfit Times.

https://zoom.us/rec/play/vpQsdrut_z43T4WTsASDVKMsW9W9fP-s0CkZrKJbyhmxUnlXMAWjbrYRZupQO-X86ALuAk1Gh7xij5lw?startTime=1585939798000&_x_zm_rtaid=24obmhq4SrO8t4Lbm1jBpg.1591809862219.70ec743dc24fc049e972ab19b3c4b238&_x_zm_rhtaid=860

https://www.thenonprofittimes.com/hr/npt-webinar-covid-19-nonprofit-response-health-fundraising-and-risk-assessment/

Virtual Events – Pros and Cons

• Lots more people are used to virtual meetings and events now

• Still have to be aware of issues with access to technology – the digital

divide is still an issue, along with language and other access issues

• Lots of creative options and features – find a platform that is right for

your event

• Does not work for all event types, may not be possible or require massive

reimagining

• Will still take just as much, if not more planning, including structure and

repeated instruction to presenters and attendees

• Virtual event “fatigue”

https://www.idealware.org/fundraising-event-resources/

In-Person Events

• Contingencies, contingencies, contingencies

• Stay up to date on the latest restrictions from, https://covid19.nj.gov/

and the county where you are holding your event.

• Examine your contracts and event cancellation insurance (if applicable)

for instructions and exclusions. Additional guidance can be found from

Pro Bono Partnership.

• There are additional regulation for performing arts regulations, with

resources listed at the end of in the Going Forward: Best Practices and

Considerations for Non-Profit Reopening guide.

https://covid19.nj.gov/

http://www.probonopartner.org/blog/legal-alert-covid-19-contract-considerations-financial-information-more/

In-Person Events

• The Center for Non-Profits strongly suggests requiring masks for events

and practicing social distancing.

• Make these expectations clear ahead of time – ask attendees to bring

their own personal protection equipment and adhere to social

distancing, but…

• Bring extra masks, sanitation stations, wipes, etc. on hand. This can be a

branding opportunity for your organization.

• Provide visual markers wherever possible.

Food & Drinks Handling

• For food handling, use licensed caterers and allow no “self-service” type

handling.

• For small events, work with a restaurant or licensed caterer to provide

food. Avoid self-catered or “potluck” style group meals, particularly if

you are working with individuals in high-risk groups.

• Single serve options only for drinks.

Questions?

Parting thoughts

• Connect with others

• Engage your allies, stakeholders, clients

• Stay informed

• Change the landscape!

Advocacy matters. Speak out!

my2020census.gov

Stay in touch

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Phone: 732/227-0800

E-mail: [email protected]

Web: www.njnonprofits.org

THANK YOU

Blog: www.njnonprofits.org/blog

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Documents

Going Forward · 2020. 6. 12. · • Fluent with a masters degree in Spanish • Peace Corps Alumna. Operations and Workplace Readiness BEFORE ... Communicate with transparency: