ARTICLE
25 September 2020

Guide To The Evolving Workplace

AO
A&O Shearman

Contributor

A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
Among its many impacts on society, COVID-19 has changed, perhaps permanently, how employees interact with each other and the workplace.
United States Coronavirus (COVID-19)

Among its many impacts on society, COVID-19 has changed, perhaps permanently, how employees interact with each other and the workplace. This quick reference guide provides three checklists of items for businesses to consider as they begin opening their doors again to their workforce.

THE NEW PHYSICAL WORKPLACE

As some employees return to onsite work, at partial or full capacity, businesses are adapting their physical workplaces to protect their employees' health and safety during the COVID-19 pandemic and beyond. Businesses should take measures to implement social distancing and promote good hygiene practices in line with best practices and local requirements. This may require equipping and reconfiguring workplaces to control occupancy and increase ventilation. Additionally, businesses should develop health screening procedures to monitor employees' health and prevent exposure to the pandemic at the workplace. Federal agencies, including OSHA, the CDC and the EEOC have published guidance for businesses developing plans to return to a new physical workplace.

RETHINKING EMPLOYEE POLICIES

In reaction to evolving workplace needs, businesses are either establishing telework policies or updating their existing employee policies to foster productivity, protect against cybersecurity threats and comply with changing laws. Specific employee policies that businesses should review include those related to technology, confidentiality, workplace conduct, compensation and employee leave. Businesses should update their hiring and onboarding processes for both new, and returning furloughed, employees. Employers should communicate policy updates to their employees in a timely manner and be available to answer questions that arise. When updating policies, consider applicable industry standards and the historic approach of the business to employee policies, as well as the business's compliance capabilities to ensure consistent implementation of policies that are adopted.

ENGAGING THE WORKFORCE

Employee engagement and wellbeing are critical to the strength and productivity of a workforce and must be assessed and monitored in the current environment. To increase employee morale and retention rates, businesses should consider whether to update existing benefits, compensation and recognition programs for remote and hybrid working environments. It is important to identify aspects of a business's culture that are valuable to the business, its leadership and its workforce, and assess whether those aspects are being sustained in new working circumstances.

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