Worcester Business Journal

6 Worcester Business Journal | March 30, 2020 | wbjournal.com H E A L T H C A R E FOCUS A s the COVID-19 pandem- ic wears on and Central Massachusetts business owners adjust to a shiing economic and regulatory environment, area experts are caution- ing company heads to stay abreast of ever-changing tides – and to make sure emergency plans are in place to protect work and cash flow. "Planning and preparedness is abso- lutely critical," said Rory Fazendeiro, a partner at Bowditch & Dewey, LLP and head of the Worcester firm's COVID-19 task force. While precisely what kind of planning will help businesses varies widely based on company size and industry, Fazen- deiro said take basic steps like reviewing important agreements critical to keeping your business running. is includes going over customer and vendor con- tracts, as well as lease agreements, and evaluating the degree of flexibility, given the uncertainty of the times. "ere's a variety of agreements that form the basis of the businesses our clients undertake that are critical to being prepared and to moving forward," Fazendeiro said. Understand employment law Aside from taking stock of the various contractual arrangements, business owners should take care to follow all coronavirus-related federal and state legislation, especially the Families First Coronavirus Response Act, a new law going into effect in April, said Robert Kilroy, chair of the labor, employment and employee benefits group at Worcester law firm Mirick O'Connell. Among other provisions, the law impacts paid leave benefits businesses are required to offer employees impacted by COVID-19, Kilroy said, urging business owners to stay on top of its implementation. "It's somewhat complex, but that's the major act that the employers have to be concerned with, and how that might interact with their own paid-time-off policy as well as the Massachusetts Earned Sick Time law, for someone who has symptoms of coronavirus," Kilroy said. In that realm, Kilroy underscored the importance of providing unemployment benefits information to workers who are temporarily laid off or furloughed, and of being mindful of time spent communicating with employees who are not currently working. at includes making phone calls and sending emails that receive responses, he said, because those communications can legally be considered working hours. "If [they're] hourly, you're going to have to pay them for that time," Kilroy said. "And if it's salary, then they performed work in the workweek which means they're entitled to full pay for the entire week." He advised business owners should confer with whatever legal counsel they have, if they can, to ensure they are complying with the aforementioned regulations, as well as any that may be developing. "If you spend a little bit of time on the front end getting it right, you can save yourselves a lot of heartache and headache and possibly damages, in the event of a lawsuit," Kilroy said. Keep strong banking relationships Of course, as non-essential business- As the coronavirus pandemic upends business operations and cash flow, Central Mass. experts advise companies develop emergency plans, monitor changes in employment law and nail down their financial position BY MONICA BUSCH Special to the Worcester Business Journal Crisis response Rory Fazendeiro, partner at Bowditch & Dewey Robert Kilroy, labor group chair at Mirick O'Connell

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