Legal

Susan Brichler Trujillo is a partner at Quarles & Brady and chair of the Phoenix Health & Life Sciences Practice Group. quarles.com

Eric Johnson is a partner at Quarles & Brady and chair of the Phoenix Labor & Employment Practice Group. quarles.com

COVID Continues to Infect Business

Practical and regulatory impacts on business operations

by Susan Trujillo and Eric Johnson

Exigencies of workplace and workforce needs and relationships persist even as restrictions ease from the height of the pandemic. Susan Trujillo speaks to healthcare and COVID safety, with guidance for employers and regulatory response, and Eric Johnson discusses legal ramifications of and regulatory considerations on remote and hybrid work — including Arizona-specific insights.

WORKPLACE HEALTHCARE AND COVID SAFETY

Though many felt or hoped that COVID-19 was in the rear-view mirror, the incredibly infectious nature of the BA.5 variant has reminded us all that it is still with us. The Arizona Department of Health Services’ positivity rate in Maricopa bottomed out this year at around 3% in March and early April and was at 32% at the end of July. When broken down by age groups, the highest positivity rate over the last six months was 37% in the 20- to 44-year-old bracket — the bracket that comprises a significant portion for our workforce. This data does not reflect at-home tests with positive results, so based on the available testing data and estimates based on at-home testing, BA.5 is still transmitting and not showing signs of slowing down. COVID-19 is still very much with us, though luckily this current variant does not seem to result in the serious illnesses caused by prior variants.

Considering the infectious nature of the current variants and the speed at which the virus is evolving to evade vaccines and natural immunity from prior infections, businesses should not let their guard down in terms of COVID preparedness. Businesses should have adaptable plans ready for resurgences that incorporate rapid operational changes that may be needed to protect employees and customers. Healthcare providers should also be cognizant of risks to their licensure or accreditation, as closures may expose regulated clients to complaints from state and federal regulatory agencies and accrediting bodies.

Many healthcare clients had to shut down their facilities because their entire staff was infected or exposed to a colleague or patient who later tested positive. We are aware of at least one state that recently initiated regulatory action against the healthcare provider who experienced such closures, claiming it put patients at risk by limiting their access to prescriptions.

There is no substitute for thoughtful preparation. Businesses should continue to evaluate how they responded to COVID-19, the lessons they’ve learned over the past few years, and what they would want to do in the event of a resurgence or future similar event.

THE REMOTE OR HYBRID WORKFORCE

By choice or necessity, businesses are now confronted with the decision on whether and/or how to adopt a remote or hybrid workforce. The answer will vary based upon the nature of the employer’s business, workforce and other unique circumstances. Potential benefits of a remote or hybrid workforce may include increased productivity, cost savings (for both employer and employee), more manageable work/life balance for employees, a wider (and deeper) talent pool, and greater employee contentment and engagement. Drawbacks may include difficulty in retaining a highly mobile workforce, diminished employee supervision, mentorship or loyalty, decreased collaboration and team building, and scheduling or logistical difficulties.

Another area that cannot be overlooked involves the potential legal ramifications of a remote or hybrid workforce. For instance, a remote workforce may expose an employer to greater risk of cyber threats and impose difficulties in protecting sensitive company data. Another concern involves workers’ compensation claims. Just because employees are working from home does not mean those employees do not have valid workers’ compensation claims for injuries suffered at home while working. Employers would be wise to develop policies and guidelines dictating the conditions and work environment that must be present for a home office. Wage and hour concerns may also be amplified for a remote workforce and measures should be implemented to accurately track time spent working by non-exempt employees at home.

Employers who choose to hire employees in multiple states must take into account not only state-specific wage and hour laws but also potentially unique laws related to things such as hiring and termination, discrimination, employee training, drug and alcohol testing, background checks, and unemployment compensation. Certain states, such as Arizona, prevent employers from exacting any type of fee or gratuity from an employee as a condition of employment. As such, employees may be entitled to reimbursement for certain expenses related to employees working from home.

If an employer chooses to maintain a remote or hybrid workforce, at a minimum the employer should create or modify various policies, practices, employee handbooks and/ or employment agreements to address the aforementioned concerns that arise out of whatever employment configuration an employer chooses to adopt.

INTEL’S GIVING NUMBERS

• Established in 1988, the Intel Foundation has provided more than $731 million into local communities across the United States and around the world. • Since 1995, Intel employees and retirees have contributed nearly 18 million volunteer hours, resulting in $122 million in matching grants. • In 2020, Intel and the Intel Foundation provided more than $5.7 million to support

Arizona-based organizations. • Over the last decade,

Intel employees have volunteered more than 10 million hours in the community. • Arizona Intel employees have volunteered more than 550,000 hours to support Arizona schools and nonprofits in just the last five years. • Over the last five years,

Intel’s program has granted $43 million in matching grants to local schools and nonprofits.

AVP of Corporate Social Impact at Weedmaps, Tyler Butler is a corporate responsibility practitioner, social impact professional and contributor for several media outlets. She is a social impact executive who is passionate about sustainability. She is certified in ESG and corporate citizenship and holds degrees from ASU and Boston College. linkedin.com/in/tylerbutler

Positive Change, Amplified by Intel

The semiconductor leader promotes technology and community to go full STEAM ahead

by Tyler Butler

Since 1968, Intel’s technology has been at the heart of computing breakthroughs. As an industry leader creating world-changing technology, enabling global progress and enriching lives, Intel stands at the brink of many technological innovations — technology that not only shapes our future but also shapes humanity.

Whether artificial intelligence, 5G network transformation or the rise of the intelligent edge, Intel and its silicon and software solutions are at the core of driving many of the world’s most transformative inflections. And Arizona has been a vital component to Intel’s ability to create the worldchanging technology that we have all come to depend upon. Today, 40 years after Intel launched operations in this state, Arizona is Intel’s first mega-factory network and home to its newest, leading-edge manufacturing facility, Fab 42.

Even with its booming success, Intel is about much more than technology. It seeks to create a more responsible, inclusive and sustainable future enabled by its employees, its technology and its collective actions. Looking through a lens of inclusive factors, Intel is focused on the future. Intel searches for methods to ensure this sustainable vision reaches its potential as the company plans new buildings and develop new technologies.

Intel recognizes that a thriving community fosters success in many forms. Consequently, it has created community outreach efforts that are integral to the company’s overall success. Established in 1988, The Intel Foundation was formed to drive these larger societal commitments. The mission is simple: Give back to the community.

Through both the foundation and structured corporate citizen programs, Intel is impacting change in a variety of ways. Intel’s global corporate volunteer program — Intel Involved — matches volunteers with worthwhile opportunities for community service. Intel employees generously donate their technology expertise, other skills and time to address environmental challenges, improve education and help meet other community needs. Through volunteerism, Intel is able to reach a wide audience across diverse communities and contribute to meaningful projects.

The Intel Involved Matching Grant Program, funded by the Intel Foundation, extends the impact of volunteerism by donating cash to qualified nonprofits and schools where Intel employees and retirees volunteer at least 20 hours of service in a year. As Liz Shipley, Intel Arizona public affairs director, shares, “It is an Intel Value to be an inclusive, great place to work, and an asset to our communities worldwide. We are always looking to partner with our neighbors and local business owners to build meaningful relationships so that we can continuously learn, develop and improve.”

Recognizing its position as a leader within the semiconductor industry, Intel understands that implementing efforts to positively impact communities is essential to the future of science, technology, engineering, mathematics (STEM) innovation. “With over 40 years of history in Arizona, Intel is honored to use our role in the state’s technology sphere to amplify the voices, lived experiences and professional expertise of Arizonans statewide who will help propel our industry towards a more diverse and inclusive future,” shares Jennifer Sanchez, community affairs manager at Intel Arizona.

Through the combination of the foundation’s strategic grants and the company’s skilled volunteers Intel is able to support valuable change-making programs globally. Frank Narducci, superintendent of Chandler Unified School District, says, “For every Intel Foundation grant we receive, whether it is $10,000 or $100,000, we get that same level of partnership and guidance. Our work with them just keeps expanding and growing because, with the Intel Foundation, it’s never one and done.” Through these strategic giving efforts, the Intel Foundation has created a legacy of impact with a firm belief in building a more equitable society.

Intel has set itself apart through the life-changing power of technology and learning, which its corporate social responsibility efforts are committed to. Through support of long-running events such as the International Science and Engineering Fair, computer clubhouses to expand after-school education, and the Intel Teach program, which trains teachers on how to integrate technology into the classroom and prepare students for the digital world, Intel is impacting positive change from several different angles.

Whether investing in education and promoting broad economic development initiatives, or working hand-in-hand with neighbors, Intel has long been committed to applying technology and the talents of its employees to broaden access to opportunity and be an asset to communities.

Intel Corporation intel.com

[There is so much more to Intel’s investment in our community, which includes efforts to close the gender gap. Read the full story online at www.inbusinessphx.com.]

Bruce Weber is founder and president/CEO at Weber Group. Weber brings more than 20 years of experience to the for-profit and nonprofit community, working with startup, growth and mature organizations. His focus is in strengthening organizations through strategic planning, organizational development, leadership and board development. He is a BoardSource Certified Governance trainer and a founding partner of the Nonprofit Lifecycles Institute. webergroupaz.com

Leading from Abundance – The Power of Positivity

Nurture a key ingredient of growth and success

by Bruce Weber

“With all the negativity in the world, what a great opportunity one has to be a positive leader and influencer. When one decides to become a positive leader, it not only makes themselves better, but makes everyone around them better — and that’s a great place to start!” —Jon Gordon

In today’s volatile, uncertain world, organizations are often faced with seemingly insurmountable hurdles as they navigate the future. Days are often filled with challenge that can almost seem unbearable as the never-ending dynamics that shape our world continue to linger on. The human spirit may be challenged in ways unimaginable, and the strategies previously employed no longer work. It’s time for a change and a new approach.

Optimism and opportunity both begin with the same letter and that’s only part of the similarity. The word “optimism” actually derives from the Latin word “optima,” meaning the best outcome or belief in the greatest good. From this author’s perspective, the greatest good is something not only strived for but longed for in almost every organization! Very few people wake each day thinking, “I want to have the worst take place in my organization and will do whatever it takes to facilitate.” On the contrary, good leaders are looking for ways to exploit the talent within and thus increase the impact of the firm. How do leaders transition and embrace a positive approach to leadership? As Jon Gordon, author of the Power of Positive Leadership, speaker, consultant and coach, writes, “Positive, optimistic leadership makes a significant difference in leaders and their teams. It all starts with vision.” Gordon describes an organization’s vision as its North Star and stresses that the vision must be shared with and embraced by everyone. To Gordon, the most important job for a leader is to drive a positive and energetic culture that is rooted in that vision.

Driving positive culture is a key ingredient in ensuring future growth and success. Leaders need to begin by identifying the key elements that drive impact related to the company’s vision. Then, they can carefully examine the purpose of the work and mission and who within the team can provide the greatest impact while maximizing skills and talent. A positive culture is an inclusive one that enables everyone to build upon and work toward a common goal of driving success. This begins by looking at the individual talents of each contributor and how they all collectively can drive the work forward. There are several helpful tools, like Gallop Strengthfinders, that can assist in the assessment and evaluation of how individuals can work and communicate together to advance the work and organizational purpose. Understanding and communicating everyone’s strengths and assets provides a baseline for productive work, planning and individual engagement, and forms the basis of working from abundance.

Once we begin to view the organization and the team through this lens, we build the will and grit needed to persevere. It becomes easier for the leadership to also focus on the positive gains that can be realized by using those newfound skills in a thoughtful and impactful way. A leader himself or herself becomes more positive as they can truly begin to see challenges as opportunities that can be tackled by assembling the team in a way that maximizes everyone’s potential.

Leading from abundance and positivity does not happen overnight! It takes an intentional shift by the leaders of an organization to look at things from an opportunistic perspective from the beginning. With communication and trust that those in the organization will work together collaboratively, leaders assume the positive outcome rather than the negative. It will not be easy at first, but over time (and it will be quicker than one might think), an organization will build the team that produces the best results with the greatest impact.