COVID-19 continues to rage as U.S. employers struggle with returning employees to the workplace. When governments mandated shutdowns, many nonessential businesses quickly pivoted to remote work. With some governments now permitting "reopening" and others "pausing," difficult questions abound, including how to handle employees reluctant or unwilling to return to the workplace. Recent COVID-19 surges are exacerbating the decision-making process. Although not all-inclusive, you, as the employer, should do five things.

1. Follow Applicable Law

Comply not just with COVID-19-specific legislation, regulations and legally enforceable government orders, but also with preexisting employment-related laws (e.g., anti-discrimination, Occupational Safety and Health Act, and wage-and-hour laws). Consider government and medical guidance, such as guidance from the Centers for Disease Control, reviewing the sometimes helpful Q&As. Recognize that you may be held to a standard of complying with such guidance, or that you may want to use it to defend your actions. Before taking adverse action, be certain the employee has no legal basis for refusing to return. Don't forget most employment laws also have anti-retaliation provisions.