Coping with Coronavirus: Fundamentals for Employers


With the coronavirus pandemic bearing down hard upon us, employers are justifiably concerned, if not on the verge of panic, about the potentially catastrophic impact on their employees and businesses. Make no mistake about it, the coronavirus pandemic is a crisis in every sense of the word: a public health and safety crisis, an economic crisis, a social and psychological crisis, a threat to all we hold dear. In just a few short days, it has brought government agencies, many public services, schools, both public and private, and businesses to a screeching halt and is threatening to devastate the lives of any employer’s most valuable asset, its employees. To minimize the impact, it is imperative that employers adopt and implement a plan for crisis management and recovery. And each aspect of your plan must take into account both the practical realities and applicable federal and state labor and employment laws to ensure success and avoid any employment-related lawsuits or agency enforcement actions.

Determine individual crisis management responsibilities. If facing a suspension or curtailment of operations (that’s most of us), identify all employees who are essential to each continuing essential business function, determine whether they will be needed on-site or can work remotely, make sure they have the necessary tools and resources if working remotely, and clearly communicate their areas of accountability and responsibility and how to perform their duties effectively.

Communicate with all employees. Communicate with all employees, both essential and non-essential, to ensure everyone understands your plan and is informed of their respective rights and responsibilities as well as your expectations. Include the latest and most reliable information about the status of the crisis. Even as things change almost by the hour, try to be consistent in your communications to avoid confusing your employees and increasing their anxiety.

Keep leadership visible. Make sure all employees know who is in charge, and keep those in charge visible and make them heard. Keeping leadership visible will instill confidence and a sense of stability in your employees. The absence of leadership in a crisis creates doubt, fear, and havoc for employees and can lead to attrition after the crisis passes as loyal and valuable employees sense the company is disorganized or is not prepared to handle difficult times. You may (and probably will) make some mistakes, but you’ll have a better chance of establishing normalcy after the difficulties pass by keeping your leadership visible and heard and your employees informed.

Be familiar with federal, state, and local laws. Be aware of the federal, state, and local labor and employment laws that can be implicated during and after a public health emergency, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Worker Adjustment and Retraining Notification (WARN) Act, the Occupational Safety and Health Act (OSHA), and, if you employ H1B workers, the immigration laws. As I write, the Families First Coronavirus Response Act has been passed into a law and will expand employees’ rights under the Family and Medical Leave Act and mandate paid medical leave for many employers.

Train managers and supervisors on how to manage employees coping with the crisis. Your managers and supervisors are the people who deal directly with your employees. Thus, it is imperative that you educate your managers and supervisors about the possible effects of the coronavirus crisis on your employees and how to spot indicators of emotional or behavioral conditions that may need attention. You may need to hire a consultant to train your managers and supervisors. At a minimum, your managers and supervisors should know to refer affected employees to an employee assistance program (EAP), if you have one, or your Human Resources Department to identify sources for professional assistance.

Finally (and perhaps most importantly), cut your employees some slack. While you need not replace order with chaos, treat your employees fairly and with compassion when it comes to getting things back on track. Your employees need to know you care. They need to believe they’re being dealt with fairly. And, after the crisis passes, they likely will need some time to get their personal lives in order. Even if not required by the new emergency legislation, review your leave policies and benefits to determine whether modifications are warranted or needed, if only temporarily until the crisis passes. Keep in mind, though, that all plans and policies should be applied uniformly, no matter how tempting it may be to allow an exception for an employee’s peculiar circumstances. Avoid jumping to conclusions if an employee misses work, makes a mistake, or doesn’t seem to be his or her usual self, and consider EAP referrals or other benefits if an employee appears to be slipping in performance or behavior. It’s important to your employees that you stay steady and keep calm (as much as you can).


© 2025 Bracewell LLP
National Law Review, Volume X, Number 79