Added to these, the local community guidelines should also be adhered to, such as those from the Department of Health, guidelines from mayors or governors, etc. Knowing and communicating all of the safety measures and requirements will likely require specific tracking and communications to ensure the employer has done all they can to ensure the safety of their workers, and to show their concern for such safety.

It is important to continue to follow the permitted employer actions under the ADA, FMLA, Title VII and other federal and state statutes and regulations. For example, the ADA concepts of "disability-related inquiries," "medical examinations," "direct threat," "undue hardship," and other similar terms should be looked at in light of COVID-19 and work from home practices. Also, the employer should review their leave policies and the FMLA requirements as these could apply to COVID-19 situations as well.

Whether the worker is working from home, in the office, or the factory, all of the guidelines that apply to protection of the employees should be maintained and reviewed in light of COVID-19 potential exposure. For example, if an employee says they have been exposed to the coronavirus at work, this should be submitted as a claim to avoid any backlash.

But what happens when restrictions are lifted and employers can begin to look forward to resuming operations? During restrictions, the company may have taken this time opportunity to re-evaluate how their operations might change, which could include a reduction in staff, reassignment of duties, resuming operations in stages, or perhaps even changing the entire operation to pursue some other type of business pursuit.

On the other hand, employees have had to deal with work logistic changes, possible changes in work equipment, possible reduction in work hours, or maybe even a temporary layoff – all at a time when there is fear and uncertainty surrounding the health of the employee and their family members, and financial fears and concerns over present or future employment.

Employers will benefit by taking heed of the following now, before bringing their operations back into full swing:

• The employer's #1 concern upon returning employees to the work environment will be safety of the employees. Some employees may be fearful to return to their previous work environment, as fear of catching the coronavirus could be a lingering concern for some. The employer needs to be sensitive to this and do whatever possible to ensure the safety of the employee. They may need to encourage the employee to contact the HR representative and be alerted to available employee benefits. Providing resources and support to help employees cope with the coronavirus generated fear, stress, anxiety, and other factors affecting workers' mental health will likely continue to be a focus of progressive employers over the long term.
• Returning to the workplace will require changes as long as the threat of COVID-19 exists. For example, doors should be replaced with the type that do not require hand contact, or else they will need to be continually wiped down and sanitized. Social distancing will likely be around for a very long time. Does the workplace support employees being able to maintain that distance – in workstations, conference rooms, cafeterias, etc.? Equipment and other work products should not be shared among employees. Masks should be required and provided by the employer.
• Employers will need to look into installing "sneeze guard" partitions, rethink floor layouts, staggering work schedules, and making changes that fundamentally shift relationships with employers, such as scanning temperatures. "Safe zones" can demarcate spots to stand in elevators. Contact tracing apps can be used to detect interactions between co-workers and infrared temperature readings.

Some of these tools can assist businesses in quickly identifying the co-workers whom an infected employee has encountered at the office. PricewaterhouseCoopers has had conversations with more than fifty clients about a new contact tracing tool for businesses it plans to launch in early May.

Companies are also talking about mandating thermal scanners, said Tom Puthiyamadam, who leads PwC's U.S. Digital practice. "Not every enterprise is going to command and control mode, but I think right now some of these practices are warranted," he said. "I don't think many employees are going to say no, because a lot of [them] are actually scared to come back in."

Amid the push to reopen, states and businesses plead for more federal testing help. Some companies, such as Amazon, are exploring their own testing initiatives.

While employers should follow all of the proper health and safety measures, they should also communicate to the employees that they are their own health advocate. Without testing or contact tracing apps, if an employee feels ill or has knowledge that they have been exposed to the coronavirus, the employer will not know this unless it is communicated by the employee. The worker should be encouraged to report any instances of illness or exposure in an effort to keep the worker and the workplace as safe as possible. The employer as well as employees may wish to check out the workers' rights section on the OSHA website. 

Any testing of employees or knowledge of illness or exposure must be kept as private and confidential as possible so that the worker's privacy is protected. If any other employee is involved in testing or having access to employee data there is a potential risk of privacy breach and steps need to be taken to ensure this data remains confidential.

It is estimated that 95 percent of the workers returning to the workforce will not have been exposed to the coronavirus. With at least 26 million workers unemployed, determining which employees will be returning, and when, will be a major undertaking for the employer since likely not all workers will be able to return immediately. It is suggested that the employer work closely with their HR staff to ensure that employee rights to work are protected to the extent possible.

Return to the workplace should be carefully considered, especially if employees are settled in well and have a viable work environment from their home environment. Proceeding with caution and taking every precaution possible to ensure worker safety could well save the employer a lot of headache and reduce the potential for claims.