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Reopening & Social Media: Tips for Businesses

As the country starts to reopen, businesses are under great pressure to keep employees and customers safe. Even if a business follows every reopening requirement, there will inevitably be scrutiny from within and outside the organization. And, in this world of social media, perception tends to become reality. Below are a few practical tips to avoid attracting negative press while restarting your business.

  1. Follow the Guidelines.

A wise person once said, “truth is the best defense.” If you are following the mandatory reopening guidelines that apply to your business sector and your state, then you will have a ready response to any negative reports from employees or on social media. Requirements differ in each state, and sometimes in each county and city, so businesses with multiple locations may need individual policies for different offices.

In Ohio, Sector Specific Operating Requirements specify both mandatory and recommended procedures for each business type. For example, restaurants and bars in Ohio must “[e]stablish and post maximum dining area capacity using updated COVID-19 compliant floor plans. With maximum party size per state guidelines (currently 10).” For contrast, Phase 1 of Florida’s Step-by-Step Plan for Florida’s Recovery allows restaurants to “serve patrons at indoor seating so long as they limit indoor occupancy [to] up to 50% of their seating capacity” among other requirements. Check the laws that apply to each of your business’s locations to make sure you are following the most recent requirements.

  1. Control the Narrative.

Once you’ve established what the guidelines are, create policies to ensure that your employees know what they need to do to comply. Then, spread the news about what you are doing to follow the guidelines. Share on social media all of the steps you are taking to make employees and customers feel safe. Post your COVID-19 specific policies on your website where they can be easily found.

Even if you are not a business in the service industry, it is important that employees feel that they can come back to work. We anticipate that employees feeling reluctant to come back to the office will be a major issue. Therefore, it will be important to get out in front of it by sharing the lengths that you are going to protect employees and customers far and wide. Make sure your employees know who they can talk to if they have questions about the reopening or feel unsafe. This will demonstrate your commitment to a healthy economy and a healthy community.

  1. Monitor Social Media.

By now, it is clear that reopening procedures for individual businesses will be scrutinized in the court of public opinion. Pictures of crowds of people at bars on opening day resulted in health department citations and even a referral to a city attorney. While there are a relatively small number of health department inspectors, there are millions of citizens with cell phones ready to find the holes in your reopening policies. In addition to controlling the narrative before reopening, you should also pay attention to messaging being delivered after opening. If you encounter negative feedback on social media, be respectful if you chose to respond. Remember, if you have a solid reopening policy that follows relevant guidelines, then referring to such a policy is a simple and effective response.

  1. Your Social Media Policy.

In order to protect your business from negative social media posts made by employees, make sure you have a good social media policy. Employees do have the right to use social media, even to discuss aspects their work. For employers, the National Labor Relations Act enforces “protected concerted activity” of employees, which can include speaking to the media or posting about work grievances. However, businesses can write policies that require employees not to speak on behalf of the business unless authorized and prohibit disclosure of protected health information. The line between permitted and prohibited posts can be quite thin, so counsel should be consulted if there is a question. However, following tips 1-3 above should help cut down on the possibility that an employee will be disgruntled enough to post negatively on social media.

If you have any questions about interpreting the reopening guidelines for your business or drafting your social media policy please contact Ashley Watson at abwatson@bmdllc.com or 614.246.7518, or contact your primary attorney at Brennan, Manna & Diamond.

El Contrato Escrito: La Herramienta Predilecta

No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”