CPA Practice Advisor - 15

THE LABOR LAW ADVISOR

An Unsettled Workforce
RICHARD D. ALANIZ

Senior Partner
Alaniz Law & Associates
ralaniz@alaniz-law.com

Progress is being made in the
search for a vaccine, but experts say
it will be available before year's end.
Nonetheless, the infection numbers
are beginning to trend downward
and we may soon be seeing light at
the end of the tunnel. Whenever this
pandemic ends, there are sure to be
lingering effects. One area in particular where the effects of Coronavirus
have been significant is the workplace. Those workers in "essential"
industries who kept working as well
as those gradually returning to the
workplace have been confronted with
a radically altered work environment.
They have faced pre-work temperature checks and other screenings,
the need to consistently follow social
distancing, hand washing and sanitation protocols, and some have had to
undergo COVID-19 testing.
For their part, employers continue
to have their entire focus on trying
to ensure that their businesses and
workplaces are safe from potential
exposure to Coronavirus. In this
crisis, there has been little time to
attend to routine employee concerns.
Perhaps more significant has been
the lack of attention to the unique
pressures created by the potential
for Coronavirus infection. Employees
experience an understandable anxiety created by being in unavoidable
proximity to others for hours each
workday. The concern is not only for
themselves, but also for passing on
the risk of infection to family.
In the early days of the pandemic
it was not uncommon to hear of
employee walkouts and demon-

THE CORONAVIRUS PANDEMIC has turned our world upside down, impacting virtually
every aspect of our daily existence. Businesses have been shuttered and jobs lost, many
permanently. As the long-awaited reopening of our economy was becoming a reality,
the unexpected resurgence of COVID-19 infections in several parts of the country put
a halt to reopening efforts. In addition, with a new school year beginning, parents of
school-age children are dealing with the dilemma of in-person versus online classes.
strations over actual or perceived
employer failure to take adequate
safeguards against the virus. In some
cases, lawsuits have been filed alleging such claims as failure to provide
adequate personal protective equipment (PPE), failure to enforce social
distancing and other CDC recommended protocols, failure to inform
employees of a coworker's positive
test result, and similar claims. There
have also been reports of employees
refusing to return to work from layoff
due to fear of possible infection.
Workplace safety concerns have
spread notwithstanding employer
efforts to implement and follow guidance on prevention measures. With
the exception of certain high-risk
occupations, personal safety in the
workplace had rarely been a concern
for most workers. That is no longer
the case as a result of the Coronavirus. The potential for infection of
both employees and their families
no doubt generates anxiety in most
workforces. That anxiety is almost
certain to impact productivity, quality
of work, and ultimately the employees'
well-being. Whether the fears are
rational or reasonable is immaterial
if it impacts employee performance.
There has been yet another effect
of the pandemic on almost everyone,
but especially on employees: Uncertainty about economic security. It
was only months ago that anyone
who wanted a job could easily find
one. Unemployment was at record
lows. Wages were rising, even for
groups that historically had been
left behind. This all changed almost

overnight. The federal enhancement
to unemployment benefits may
have eased the financial pressures
temporarily, but a return to a booming economy remains the only true
solution. However, speculation of
even more, permanent business
closures and further layoffs in the
future do little to instill confidence
that all will be well. The result is even
greater employee uncertainty about
their financial futures.
It has long been recognized that
the desire for personal safety and
health, including economic security,
are among the most fundamental
of human needs. In a normal world,
they are rarely a conscious concern
for most employees. While it may not
be fully evident yet, these fears and
anxieties will very likely confront
both employers and employees for
the foreseeable future. Day-to-day
workplace issues or irritants can easily become exaggerated for otherwise
unsettled employees. A minor gripe
can become a major problem. This
means that employers must live by
the common claim that "employees
are our most valuable asset." The
unsettling nature of all that they
have been living through makes it
imperative that employers actually
demonstrate that they truly value
those "assets." When there is little
more that can be done to provide a
Coronavirus-free work environment
or to assure our employees that we
will promptly return to a growing
economy, employers must make an
extra effort to emphasize the small
things that ultimately, truly matter to

SEPTEMBER 2020 ■

employees and keep them productive.
While wages, benefits, and
promotions may be important, over
the years, studies have confirmed
that of most concern to the majority
of employees is working for employers that genuinely care about them.
Having a caring workplace culture
that creates employee good will
can overcome almost any employee
problem, even concern for personal
safety and economic security. Taking
the time each day to demonstrate that
employees are appreciated goes a long
way in generating employee good will.
It takes little effort and costs
nothing to thank someone for staying
late, completing a critical project on
time, or simply for being there and
making a sincere effort. Spending
time on the work floor on a daily
basis interacting with employees
in a positive manner is the type of
managing-by-walking-around that
helps to demonstrate that you are all
in this together. Keeping employees
informed of any issues related to
Coronavirus prevention as well as to
business prospects will help satisfy
the critical need of employees to be
informed of what could affect them.
Finally, making sure that your supervisors are providing the same type of
care and attention to employees on a
daily basis will complete your efforts.
No one knows when the pandemic will end or how promptly the
economy will rebound, but by making
every effort to show employees your
appreciation for all they do will help
ensure that you and they successfully
navigate any Coronavirus fallout. ■

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