2020 Return-to-Work Survey Results
2020 Return-to-Work Survey Results
Husch Blackwell’s Return-to-Work (RTW) Survey, for which we collected responses in the
two-week period ending May 8, 2020, reveals the scope of the challenge facing employers
as they reopen worksites to employees, clients and customers.
At the heart of the matter is the complex interplay among safety,
uncertainty and liability—and these factors have given rise,
understandably, to extreme caution in returning to work.
The raw set of data offers a glimpse into these feelings of caution.
Comparing the percentages of remote workers during the stay-at-
home phase versus the projected percentages once the stay-at-home
orders are lifted reveals a relatively modest movement of workers
who will be located back on site.
Of course, this could indicate a high percentage of workers in the
survey cohort (even pre-COVID-19) who were already working
remotely. Unmistakably, however, the set of data is not showing a
hurried return to our workplaces.
When one considers the balance employers are being asked to
strike—and the unprecedented nature of this pandemic—caution is
only reasonable. Our survey respondents are acutely aware of the two
sides of the COVID-19 coin.
Overwhelmingly, the two answers provided most often when
respondents were asked to write in their most significant legal
concerns were:
• liability tied to on-premise infections, and;
• employee/customer safety, respectively.
These are indeed two facets of the same issue, and both are grounded
in the specific measures employers have taken, or plan to take, to
enhance the safety of their workplaces. Here, the survey responses
break down into two kinds of measures:
• those that can be taken quickly, unilaterally and relatively
inexpensively, and;
• those that require greater levels of capital expenditure, legal
analysis and employee buy-in.
Executive Summary
55%
46%
62%
of respondents indicated
decisions about applying
RTW protocols to individual
workplace locations will be
made at the CEO/Board of
Directors level.
Respondents whose
companies share their
buildings with other tenants.
Respondents for
whom over half of their
workforce is comprised of
“essential” workers.
2020 Return-to-Work Survey Results
Implementation (or planned implementation) of the first kind—which includes advanced cleaning protocols
and modifying workplaces/schedules to promote social distancing—is nearly universal. The more difficult
measures to implement, such as the use of contact-tracing technology or instituting a regular testing
regimen, are, for the most part, not being considered at this time, although that could change once RTW
becomes a greater reality and/or is implemented across a larger percentage of workers.
These two kinds of measures in effect represent opposite ends of a spectrum on which all employers are
struggling to find their appropriate place. What makes the exercise more difficult is that every employer
and every worksite is different. Admittedly, numerous federal and state laws already exist—or will soon
exist—that largely apply to everyone. However, exceptions also are directly tied to industry, job function,
workplace density, etc., and of course, state and local laws are variable, but also highly relevant to the RTW
process. It is eminently clear that a one-size-fits-all approach to compliance will not exist, regardless
of how the body of law shapes up in the near future.
Survey respondents seem to understand this intuitively, hence the high degree of concern over liability,
which can manifest at any point on the spectrum. For example, a RTW plan that lacks seriousness, rigor
or diligence can greatly increase liability in connection with workplace illnesses. However, a plan that
aggressively implements safety measures could run afoul of privacy, healthcare and employment law.
Only a carefully calibrated plan—considering the operational geography, industry and functions of the
business/organization—will succeed in reducing the risks of returning to the workplace.
>1000
501-1000
101-500
1-100
29.76%
34.52%
23.81%
11.90%
How many people does your
company employ?
(n=336)
76-100%
51-75%
26-50%
0-25%
13.69%
9.23%
29.17%
47.92%
What percent of your workforce
is considered essential workers?
(n=336)
>10
7-10
3-6
0-2
What is the size of your company’s
in-house legal department?
(n=337)
6.53%
13.06%
68.55%
11.87%
Survey Demographics
The sample of respondents represents 30 states and two Canadian provinces (Manitoba and Ontario),
as well as a strong cross-section of our clients and industries.
2020 Return-to-Work Survey Results
Immediate Workforce Impacts
What percent of your workforce is
currently working from home?
(n=335)
What percent of your workforce will be working in your
physical workspaces once stay-at-home orders are lifted?
(n=330)
Do you anticipate allowing members of your workforce to telework?
(n=336)
2.38%
Yes No Not applicableNot sure
Most Significant RTW Legal Considerations (n=195)
67.56% 11.01% 19.05%
2020 Return-to-Work Survey Results
Workplace Safety Planning & Implementation
Mandatory use of PPE like masks, gloves, etc.
Use of contact tracing apps or similar technology
Testing employee body temperature
Use of a regular testing regimen for COVID-19
Use of regular testing regimen for antibodies
Alterations to workplace layout/scheduling to adhere to social distancing
Advanced cleaning protocols
Quarantining procedures
Individualized RTW/WFH plans for COVID-19 high-risk employees
Ongoing travel restrictions
Use of new remote locations
Reduce workspace/footprint
New procedures for customers/clients/visitors Changes to health insurance coverage
What safety measures is your company contemplating and/or implementing for a COVID-19 RTW protocol?
(n=276)
Already implemented Slated for implementation Under consideration Not under consideration
Need to change wiring and furniture configurations
Available square footage for changes
Increased work-from-home leading to unused space currently under lease
Not sure
Changes to current co-working work stations
Not applicable
Changes to public areas
0 10 20 30 40 50 60 70 80
Are you concerned about your current facility readiness to support a return-to-work process? If so, what area
is of the greatest concern from both health/safety and financial cost perspectives?
(n=247)
70.07% 21.61%
15.61%
16.91%
65.30%
73.03%
59.85%
73.21%
26.49%
11.24%
34.20%
22.64%
10.99% 23.81%
43.49%
59.19%
43.59%
30.48%
19.85%
58.21%
38.77%
54.01%
46.30%
33.09%
33.46%
17.88%
18.28%
30.80%
13.14%
21.11%
20.45%
16.91%
12.41%
10.58%
16.42%
27.54%
20.44%
29.26%
36.80%
39.97%
13.11%
huschblackwell.com
About Husch Blackwell’s Return-to-Work Team
Husch Blackwell has brought together attorneys from across our firm to help clients plan and
implement a responsible and effective strategy for reopening their workplaces to employees,
clients and customers in the wake of the COVID-19 pandemic. Our team features subject-matter
expertise across all relevant areas of law—including labor and employment, healthcare, data
privacy and litigation—as well as a deep understanding of industry-specific regulations and how
mandates from all levels of government impact operations.
Throughout this crisis, our attorneys have produced a robust collection of articles and resources
to assist clients in thinking through how to respond to the challenges they face.
COVID-19 ToolkitOur vast collection of articles, blogs, podcasts and media interviews, organized by legal practice area.
View COVID-19 Toolkit
State-by-State GuidanceThis site within a site organizes all state and local orders by state and features daily updates as well as an
archive of orders related to government mandates on stay-at-home provisions, essential businesses and
more.
View State-by-State Guidance
CARES Act UpdatesThis resource features a set of FAQs and regular updates regarding the various relief measures implemented
via the CARES Act, including information on the SBA loan initiatives and relief measures aimed at larger
businesses.
View CARES Act Updates
Return-to-Work Resource CenterA growing collection of content to assist businesses in returning to their workplaces.
View Return-to-Work Resource Center
If you have any questions, please reach out to your Husch Blackwell attorney, or use the dedicated email
address, [email protected]. We’re here to help.
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