June 24, 2020
There's No Place Like ... the Office? A Return to Work Guide for Private Equity Sponsors in NY, CA, IL and MA.
After more than three months of mostly remote working and no travel, and with state and local authorities slowly relaxing "work from home" rules in the United States, private equity sponsors are understandably impatient to get back into their normal routine. This note provides guidance to private equity sponsors about how to resume operations in New York, California, Illinois, and Massachusetts based on relevant reopening guidelines in those states and summarizes certain restrictions relevant to business travelers. As guidance is rapidly evolving, businesses should continue to monitor guidance and recommendations of federal, state and local authorities, as well as health officials, in order to keep up-to-date on the latest information concerning the COVID-19 virus. Our cross-disciplinary task force of attorneys who monitor federal, state and local guidance can be reached for questions at COVID-19RecoveryPolicies@ropesgray.com.
I. New York
- Current
Status. On May 15, New York's reopening
process began on a regional basis. See Executive Order 31. The NY Forward reopening plan divides the state
into ten regions, each of which is eligible to move
independently through the four reopening phases based on its
ability to meet seven key metrics. New York City entered Phase Two
on June 22. The other nine regions1 are in Phase Three.
Each region's continued progression through the NY Forward plan
depends on the region continuing to meet the reopening metrics.
- Implications for private equity sponsors. The typical office environment in which private equity sponsors work is allowed to reopen in Phase Two. As such, subject to complying with the restrictions outlined below, private equity organizations can now resume in-person operations throughout New York State, including in New York City.
- Reopening Guidance for
Office Workplaces. Detailed state guidance for
office-based workplaces outlines the mandatory and recommended
infection mitigation procedures applicable to private equity
sponsors. Businesses are required to affirm to the State that they
understand their obligation to comply with the guidance.
See Office Guidance.
- Reopening
Restrictions. Upon reopening, private equity sponsors are
required to take measures addressing physical distancing,
protective equipment, cleaning and hygiene, communication,
training, contact tracing and screening. New York's Office Guidance Summary helpfully organizes
the significant additional precautions into mandatory measures and
recommended best practices. Some of the notable requirements
include:
- Physical Distancing. Businesses must limit the occupancy of any area in an office to 50% of its maximum capacity and avoid in-person meetings or gatherings to the greatest extent possible. Sponsors need to advise their employees to maintain six feet of distance at all times and take steps to reduceinterpersonal contact and congregation, such as by adjusting workplace hours or staggering arrivals/departures. Non-essential common areas like gyms or game rooms cannot reopen.
- Protective Equipment. Employees are required to wear masks or cloth face coverings in common areas and anytime they come within six feet of another person. Businesses must provide such coverings and train workers on proper use.
- Screening. Businesses are required to implement mandatory health screening assessments (e.g., questionnaire and/or temperature checks). At a minimum, a questionnaire should ask whether, in the past 14 days, an employee has experienced COVID-19 symptoms, tested positive or come in close contact with a confirmed or suspected positive case. Employees who screen positive should not be allowed to enter the workplace. If a business identifies a confirmed positive case of COVID-19, it must immediately notify state and local health departments.
- Cleaning and Hygiene. Sponsors must adhere to hygiene, cleaning and disinfection requirements from the CDC and NY Department of Health. Rigorous cleaning must occur each day, with particular attention to high-touch items and communal areas.
- Temperature Checks.
Commercial building owners and operators may require individuals to
undergo temperature checks before being admitted to the building,
and may deny entry to any individual who refuses to undergo a
temperature check or has a temperate above the level set by NY
Dept. of Health Guidelines. See Executive Order 202.38.
- Operators are immunized from liability for claims of frustration of purpose or violation of the covenant of quiet enjoyment based solely on their enforcement of temperature checks consistent with Order 202.38. Temperature checks must be conducted consistent with the ADA and NYC Human Rights Law.
- Business Safety Plan. Each reopening business is required to produce a written plan outlining how it will protect employees and visitors, make the physical workspace safer and implement processes that lower the risk of COVID-19 infection in the business. A business does not need to submit its plan to the State, but must retain the document on the premises and make it available upon inspection by the NY of Health or local health authorities. See Safety Plan Template.
- Reopening
Restrictions. Upon reopening, private equity sponsors are
required to take measures addressing physical distancing,
protective equipment, cleaning and hygiene, communication,
training, contact tracing and screening. New York's Office Guidance Summary helpfully organizes
the significant additional precautions into mandatory measures and
recommended best practices. Some of the notable requirements
include:
- Travel. The New York Dept. of Health instructs local health departments to institute a mandatory quarantine for any symptomatic individual who traveled to China, Iran, Japan, South Korea or Italy. The NY DOH also suggests that individuals self-isolate if they feel sick and recently traveled to an "area of concern," identified by the CDC. As of the date of this note, "areas of concern" include all foreign countries. See DOH Travel and Quarantine Guidance.
-
Quarantine on Arrival. Effective June 25, New York requires all individuals traveling from states with significant COVID-19 community spread to quarantine for 14 days upon arrival. The quarantine applies to individuals traveling from a state with a positive test rate higher than 10 per 100,000 residents or a positive test rate greater than 10% (each measured on a 7-day rolling average basis). As of June 24, the affected states are Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Texas and Utah. See Travel Advisory Announcement.
Click here to read the full Alert.
Footnotes
1 The following regions are in Phase Three (as of June 24): Finger Lakes, Central New York, Mohawk Valley, Southern Tier, North Country, Western New York, Capital Region, Mid-Hudson and Long Island.
Originally published 25 June, 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
