New research suggests an increase in U.S. domestic business travel, even though employers are still faced with a changing patchwork of coronavirus-related laws and regulations related to coronavirus affecting business travel.
According to a survey conducted August 5-9 by the Global Business Travel Association (GBTA) of 827 companies worldwide, a trade group in the Washington, DC area, 74 percent of respondents said that all or most of their organization’s domestic business travel was done was cut. This is progress, however: 93 percent of those surveyed said they had restricted domestic business travel in April.
“The business travel landscape in the US remains difficult, but we’re seeing some glimmers here and there,” said Dave Hilfman, GBTA’s interim executive director.
The survey found that 74 percent of companies said they have started developing a travel recovery plan and 31 percent plan to provide personal protective equipment (PPE) to their travelers, while another 20 percent require employees to do so provide their own PPE in order to travel.
“With the pandemic, a return to normal for business travel will likely require several elements,” Hilfman said. “Businesses need the reassurance that travel is safe, that tests are readily available, that results are reported in a timely manner, and that the global economy is doing well. Once those elements are in place and we see real progress on a COVID-19 vaccine, that would be I expect a deal. ” travel to respond positively. “
Benjamin Han, an attorney for Seyfarth in Atlanta, said that since the pandemic began, employers have relied on video conferencing and other tools in the workplace to replace the face-to-face meetings that often drive business travel. He added that employers considering restarting business travel face competing obligations, including keeping their employees safe, complying with an evolving set of return to work laws, and promoting business growth.
“While there is no one-size-fits-all approach or one right answer to whether and how workers can return to business travel, there are practical considerations that can help organizations do so,” Han said. “By taking these practical considerations directly into account, employers can more easily predict and adapt to the legal framework for COVID-19 and business travel.”
Review travel policies for compliance
Doug Dexter, a partner in the Farella law firm’s San Francisco office, said employers should be cautious when traveling on business.
“The safest approach is to ban work-related travel. For employers for whom travel is essential, implementing a well-designed travel policy can help reduce the risk of employees getting sick or spreading disease to other employees,” he said. “As a starting point, employers should make sure that travel really matters.”
Some business travel cannot be avoided, but employers should consider distance conferencing in their decisions when deciding whether travel is really important.
“If there is a valid basis for inferring that travel is essential, employers should nonetheless consider discouraging travel, making travel optional, requiring prior management approval, and documenting that in writing any employee who agrees to travel does so voluntarily, “Dexter said. “Some employees may feel uncomfortable while traveling, either because they are at a higher risk of contracting COVID-19 or because they are living with someone who is at a higher risk of contracting the virus.”
He added that employers who require workers to travel may need to defend this requirement in response to various legal claims, including:
- Employee compensation if the employee falls ill while traveling. An employee’s eligibility for this type of claim varies according to applicable state law.
- Discrimination on the basis of a disability or inadaptation to a disability. Employers can require workers to travel to unrestricted areas, but must assess whether a worker’s refusal to travel warrants reasonable accommodation under the Disabled Americans Act.
Brett Bartlett, a partner in Seyfarth’s Atlanta office, noted that the Fair Labor Standards Act (FLSA) and other state and local wage and hour laws also need to be considered in relation to business travel during the pandemic. “The FLSA, as well as state and local wage and hour laws, have different implications for the circumstances under which hourly workers are paid to travel, maintain, and put on and take off equipment, among other things,” he said. “The wage and hourly laws also regulate whether and how employees must be reimbursed for business costs. Employers can also consider tracking the travel time spent and dividing this time into individual activities.”
Han added that requiring employees to travel to severely affected countries or areas within the US could trigger the employer’s obligation under the general mandatory clause of the Occupational Safety and Health Act that requires employers to provide a safe job.
State and local restrictions
Organizations need to be aware of this many state and local restrictions exist. Certain states have introduced mandatory quarantines or negative COVID-19 testing requirements for people traveling from states with high rates of positivity. Several northeastern states require travelers to confirm compliance with the state’s travel requirements before checking into any property. Massachusetts announced a $ 500 daily fine for failing to meet the state’s mandatory quarantine requirement. Exemptions from quarantine requirements vary, but most states include exemptions for essential workers and essential travel.
“Employers are encouraged to review state and local travel restrictions when considering any type of business trip,” said Delaney Busch, an attorney with Mintz’s Boston office. “Some states may require travelers to arrive outside of the state and residents to be quarantined for 14 days, and other states may continue to operate under stay-at-home orders. Employers should keep checking the CDC [Centers for Disease Control and Prevention] Guide to travel, monitor transportation disruption and COVID-19 spread, and update business travel policies accordingly. “
Dexter said the travel policy should provide guidance for employees to review all relevant state and local requirements and precautions for the employee’s travel and should discourage employees from visiting high-risk businesses such as restaurants, bars, or gyms during their downtime.
Travel abroad
International business travel has its own considerations, including entry or quarantine restrictions for US travelers visiting other countries, as well as restrictions in the US upon their return from abroad. “The CDC recommends companies that need international business travel to take increased precautionary measures, especially as there have been extensive problems repatriating US employees from abroad in the face of flight cancellations and border restrictions,” said Busch.
“As the COVID-19 outbreak conditions evolve, entering or leaving certain countries may not be possible, safe or advisable,” she continued. “When employees travel outside of the United States, employers should have plans and practices in place to enable employees to obtain medical assistance in the destination country if necessary. Employers should also prepare for the possibility that employees who travel internationally for business may experience significant benefits leave.” or delays in arrival. By creating contingency plans, including remote working and housing employees who cannot return to the US any longer than expected, the potential for operational frustrations is minimized. “
safety first
Employees exhibiting symptoms of COVID-19 should be strictly prohibited from traveling, Dexter said. “Employers might also consider requiring any employee embarking on a work-related trip to provide written certification that they have no symptoms of COVID-19 and have not recently been diagnosed with COVID-19,” added he added.
When an employee travels, PPE should be provided. This could include a face covering or mask, gloves, hand sanitizer, and disinfectant wipes, Dexter said. “To reduce the risk of employees being exposed to COVID-19 while traveling, employers may review the precautions taken by transport companies and select the companies with the strictest security measures. This could include, for example, selecting an airline that can handle commercial passenger capacity Restricts flights where cloth covers are required for all passengers and food and drink service is reduced or eliminated. ”
Employers should also have a log for employees returning from travel. “The most cautious approach would be to have the employee work from home for two weeks to minimize the risk of infecting others,” said Dexter. “Employers can also require employees to undergo COVID-19 tests before returning to work, provided the tests are job-related and business needs and reimbursement of any expenses.”
[SHRM members-only HR form: COVID-19 Employee Self-Certification to Return to Work]
The future is uncertain
Hilfman said it is difficult to predict what the future will be for business travel. “Businesses will think long and hard about which travel is essential and which can be done by videoconferencing or by phone,” he said. “We’re also going to see stricter security measures for employees taking a trip, with greater attention to security protocols. I think these are certainties, but otherwise, only time will tell.”
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