FBinsure is deeply committed to the health and safety of our employees, clients, and communities. Like so many, we are adapting to and navigating the COVID-19 situation as best and as quickly as possible. Below we have gathered resources for our clients and business community on how to best manage this public health crisis.
Preparing To Reopen
As the United States begins to pivot toward the conversation on how to reopen the economy, and do it safely, we will be providing resources here for employers to use in planning their reopenings.
Return to Work Communication Planning Checklist
Return to Work Action Email Template
Employee Welcome Back Packet
Sample Return to Work Action Plan
Guide to Creating a Return to Work Action Plan
Return-to-Work Action Plan Discussion Guide
Coronavirus Action Plan - General Industry
Coronavirus Action Plan - Retail
Post-coronavirus Return-to-Work Cleaning Checklist
Coronavirus Action Plan Manufacturing
Designing a Post-coronavirus Office
Returning to Work: Updating the Office
In the Know PPP Guidance for Employees Refusing to Return to Work
Responding to a Positive COVID-19 Test Checklist
Guidance & Planning Tools for Employers
This situation has escalated quickly and will be overwhelming for our business clients. We are prepared to be there when needed. Below we have assembled helpful links, an employer's planning guide and a pandemic checklist.
- Foley Hoag: The U.S. SBA Releases Paycheck Protection Program Interim Regulations - 4/3/2020
- Massachusetts' COVID-19 Essential Services - 3/23/2020
- U.S. Small Business Administration's Disaster Assistance in Response to the Coronavirus
COVID-19: Web Wrap-Up
The Small Business Owner's Guide to the CARES Act
Reopening a Business After the Coronavirus Shut-Down
FFCRA Small Employer Exemption - DOL Guidance
Employee Retention Tax Credits for Businesses Impacted by Coronavirus
IRS FAQs -FFCRA Tax Credits for Small and Midsize Businesses
Employee Rights: The Families First Coronavirus Response Act
Must Post By 4/1
Compliance & Legal Resources
Important legal & compliance information for employers navigating concerns about the outbreak of COVID-19.
- Sample Notice of Furlough Due to Coronavirus
- Foley Hoag LLP's Labor & Employment Alert: Employer FAQ - 3/16/2020
- ADA Compliance What Employers Should Know About Coronavirus - 3/15/2020
HR ToolKit: The Employers Guide to COVID-19
Sample Remote Work Agreement
Sample Remote Work Policy
Remote Work Anti-harassment Policy
HR Insights: Furloughs and Layoffs
CDC Guidance for Employees Following COVID-19 Diagnosis or Exposure
Emergency Paid Sick Leave Act - Leave Request Form
IRS FAQs: FFCRA Tax Credits for Small & Midsize Businesses
Families First-Coronavirus Response Act Q & A
Employee Benefits & Safety Resources
It is now, more than ever, critical to be following health and safety protocols to keep employees safe. Please see the below links & documents for OSHA guidance and best practices.
- Filing a New MA Unemployment Claim
- MA Online Filing For Unemployment: A Step-by-Step Guide
- Requesting an Unemployment Call-Back
- Mass DUA Virtual Townhalls
- Filing a New RI Unemployment Claim
- RI COVID-19 Unemployment Fact Sheet
- Massachusetts Open Enrollment - Extended to 4/25
- OSHA Standards and Directives Related to COVID-19
Emergency Paid Sick Leave Act - Leave Request Form
COVID-19 Scenarios & Benefits Available
CARES Act Unemployment Checklist
CARES Act Makes Changes for Health Plans
Coronavirus Recording & Reporting Under OSHA Rules
Full OSHA Guidance on Preparing Workplaces for COVID-19
Prevent Worker Exposure to Coronavirus
Telemedicine and COVID-19
FAQs on Essential Health Benefit Coverage & Coronavirus
Coronavirus Insurance FAQ
- Before business income responds there must be direct damage to property leading to the cessation of the business. Also, it must be the result of a Covered Cause of Loss (peril) like fire, lightning, earthquake, etc. Contagious diseases like COVID-19 would not count as a covered claim. This requirement applies to business income dependent property losses [supply chain] and civil authority losses.
- Even policies with a Contingent Business Interruption Endorsement would most likely not have coverage. This coverage would also require that the supplier suffers direct physical loss to property that impairs their ability to provide or deliver goods or materials.
- Hospitality Industry and Health Care Industry policies may provide some coverage for communicable and infectious diseases. However, those policies may also include limitations or exclusions regarding specific diseases, viruses, bacteria, and pandemics.
- Workers Compensation claims and coverage will play out case-by-case, but whether coverage is afforded depends on specific facts. The employee must show that the illness was caused by conditions peculiar to the job and that, because of that job, had a greater risk of contracting the disease. For many employees, this means that coverage would not be afforded for COVID-19. However, insurance carriers will most likely determine coverage on a case by case basis.
- The more widespread COVID-19 becomes, the harder it will be for an employee to show that it is work related and peculiar to their job
- While many restaurants are familiar with delivery service and have provided this for years, their insurance programs should reflect that coverage. However, many other establishments have not relied on delivery as a source of revenue. With government mandated dining room closures, restaurants are looking at delivery as a source of continued revenue. With this, staff may be asked to provide the delivery service. It is critical to have a closer look at your insurance program to be sure that there is coverage for the use of that personal automobile during business hours and for business purposes.
- The addition of hired and non-owned automobile coverage should be addressed. The employee should also review the coverage for their personal auto insurance policy to avoid any gaps in coverage.
- Restaurants should also consider their Workers Compensation exposures to be sure that “drivers” are listed as a class code on the policy.
- Typically, food spoilage coverage is triggered by accident direct physical loss to perishable goods caused by mechanical breakdown, power outage, or refrigerant contamination. Since COVID-19 has not caused any of the conditions above, food spoilage for hindered demand would most likely not be covered.
- Any employer-employee relationship concern or change in hiring, firing, or employment practices should be discussed with an employment attorney. However, some businesses have explored options such as asking employees to submit to a medical exam or have their temperature checked above arrival to work. Other areas of concern is whether a business is able to provide “reasonable accommodations” to employers and “safe and secure workplaces” when transitioning employees to work remotely. These issues should be addressed with an employment law attorney.
- However, these exposures also present possible employment practices liability concerns. Businesses and organizations should check in for a more thorough understanding of the coverages they have in place, the endorsement on the policy, and any exclusions or provisions that may trigger or restrict coverage.
- In the past few years, D&O litigation has become event driven and resulting from adverse events that effect company operations. With a volatile financial market, investors may feel they weren’t informed property and business decisions were not made appropriately, thus having an adverse effect on their investment. A thorough review of your Directors and Officers policy is necessary to determine exclusions and provisions and be sure you have adequate Side A limits. Side A limits provide coverage for directors and officers for unindemnifiable claim situations.
- Typically, Event Cancellation Policies provide coverage for cancellation or non-appearance of a key person and extends to perils beyond the control of the insured, organizer, or attendees. Some possible perils include death, accident, illness, venue damage, inclement weather, and communicable disease manifest at venue and arising form WHO declaration. If an event is cancelled due to specific travel restrictions, coverage may apply. However, fear of spreading the virus would not qualify. Typically, the policyholder has an obligation to mitigate losses by seeking to postpone the event.
- Some policies expressly exclude coverage for loss that arises out of fear of epidemic.
Employees Working From Home
Working from home has become the new normal for many Americans very quickly. That mean many employees may struggle with staying productive or balancing work and personal lives in the same environment. These resources are meant to support employees adjusting to working remotely.
5 Work From Home Tips For Employees
Employee Work From Home Guide
Avoid Burnout While Working From Home During the COVID-19 Pandemic
Safety Matters: Working From Home Ergonomic Tips
Caregiving & Working From Home
In the Home
With most Americans now spending more time at home than ever before it's important to address continued protection against the illness as well as maintaining our mental health in our constrained environments.
6 Mental Health Tips for Self-isolation
Coronavirus Economic Impact Payments
Staying Safe While Shopping For Household Essentials
Staying Safe While Accepting Deliveries or Mail
Mental Well-being During Quarantine
10 Ways to Protect Against Coronavirus
Student Loan Repayment Deferrals Allowed Due to Coronavirus
Global, national, and regional organizations are closely monitoring the spread of COVID-19. Please follow the below links for up-to-date pandemic information.