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Immediately send an employee home if they are not already home.  The CDC suggests that employers notify employees, customers or vendors who may have been exposed but keep the employee's identity confidential.  The employee should quarantine for 14 days.  If it has been less than 7 days since the sick employee was at work, close off areas where the employee worked long periods of time and disinfect after 24 hours to limit the exposure to others.  Opening outside windows and doors can help air circulation.  If it has been more than 7 days, the additional cleaning may be a good idea but not necessary.   More information can be found in our Express Requests: Responding to Employee's COVID-19 Diagnosis

Employers can require employees to wear masks and they can require them of customers and visitors as well.  If an employee refuses to wear one due to health reasons, an employer may ask an employee to provide a doctor’s note.  If providing an accommodation creates an undue hardship, an employer may not have to allow it.  If an employee refuses to wear it because of religious reasons, employers may need to provide a reasonable accommodation absent undue hardship.  An employer does not have to make an accommodation for someone who doesn’t want to wear one for discomfort, personal or political reasons.  Employers should though speak with the employee first before making any decision.  More information can be found in our Express Requests: Masks/Face Coverings in the Workplace

During a pandemic, employers may require employees to take their temperature at home or at the worksite.  Whether to pay or not will depend on different factors.  There is no clear guidance under the Fair Labor Standards Act (FLSA) as to whether an employer has to pay an employee for this task.  As a salaried, exempt employee, the time spent waiting or taking the temperature is already included in the guaranteed salary.  For hourly, non-exempt it's more complex.  One could argue that the time spent taking temperatures at home is de minimis and not compensable whereas if an employee is standing in line at the worksite to get their temperature taken, it would likely be more than just a few minutes.  Also, under the FLSA's Portal-to-Portal Act, pre-shift activities are compensable if the activity is "integral" and not de minimus.  Again, one could argue during this pandemic that it is "integral" to have your temperature taken.  The most conservative approach would be to compensate employees for time spent waiting and taking an employee's temperature. More information can be found in our Express Requests: Taking Employee Temperatures