The speed and scale of the COVID-19 pandemic forced companies to act quickly and decisively. In a matter of days or weeks, cross-functional teams from HR to IT and facilities made a massive shift to remote work possible. They put plans and policies in place, built communication and collaboration networks, and ensured that workflows remained resilient in the face of unprecedented circumstances. Although many companies had business continuity plans in place, pandemic scenarios were not deemed likely to occur and therefore, plans were not refined. Businesses had to learn in the moment and demonstrate their ability to rise to the occasion.

We have seen corporate America step up in unexpected ways regarding public health and safety measures. Employers moved fast to put face covering policies in place and worked to enforce social distancing as much as possible. Retailers responded in similar ways by requiring face coverings in stores and limiting the number of customers who could enter. Notably, companies took these measures even when they were not mandated by law.

Corporate America consistently went above and beyond to protect employees and consumers from the pandemic. It is worth asking how the private rather than public sector came to take the lead on this issue and what we can learn from this experience to improve workplace health and safety moving forward.

Making Sense of Mixed Messages About COVID-19 Laws

Setting politics aside, the official response to the pandemic was mixed at best. The federal government passed minimal policies, particularly regarding health and safety guidelines. National agencies such as the Centers for Disease Control and Prevention released recommendations, but they changed constantly and provided guidance — not requirements. What’s more, the response at the state level varied widely. Some states put stringent public health measures in place, while others delayed face covering requirements and accelerated reopening efforts. Cities and counties were just as varied in their approaches to the pandemic, and in some places, local and state laws stood in conflict.

In sharp contrast to the federal response, the National Conference of State Legislatures found that 53 states and territories passed approximately 3,445 bills related to COVID-19. This was in addition to the guidance coming from state Occupational Safety and Health Administration agencies, the Equal Employment Opportunity Commission, the CDC, and dozens of other sources. Faced with often conflicting mandates, guidelines, and timelines, the only reasonable option for companies was to err on the side of caution. Many companies — particularly multistate employers seeking to be compliant with local laws while being mindful of employee safety — opted for more cautious policies on issues such as face coverings and worksite closures, even when they were not required to.

The coronavirus pandemic prompted countless changes in the workplace environment. One of the most significant, yet least acknowledged changes was putting companies in charge of their coronavirus work policies. Given the option to chart their own course, most employers chose to put the safety of employees and customers above all.

How Companies Took Charge of COVID-19 Workplace Guidelines

With mixed COVID-19 workplace guidance coming from official sources, it was often unclear how companies should respond in a way that was safe, responsible, and legal. Therefore, corporate America chose to take the lead in these areas:

• Health and safety: The coronavirus pandemic impacted industries in the United States at different times and ways, and with multiple levels of intensity. This, coupled with constantly changing workplace health and safety guidance from multiple sources, forced organizations to formulate their own company pandemic response plans — as one-size-fits-all approaches would never work. Most companies were able to tailor internal guidelines to fit their unique industries with the help of CDC and OSHA recommendations.
• Paid leave: Officials at the local, state, and federal levels passed inconsistent paid leave measures to help people recover, quarantine, or care for others. Although the intent was good, the administration of the various leave programs often left employers frustrated. California, for example, announced in March 2021 that employers must provide 80 hours of COVID-19 sick leave retroactively from Jan. 1, 2021, through Sept. 30, 2021. This is another area where it was unclear how to handle change in the workplace. Employers had to formulate plans of their own to meet their unique business needs while remaining compliant with ever-changing laws.
• Mental and emotional wellness: This past year has been stressful for everyone, and companies stepped up like never before to promote mental and emotional wellness in the workplace. Some companies paid for meditation classes and counseling sessions, while others relaxed policies around sick leave. Companies understood that if they were going to get their organizations through the pandemic, they had to focus on keeping employees healthy physically and mentally.
• Community-building: From setting up Zoom happy hours to organizing discussion groups, companies shifted their community-building efforts online during the pandemic. Maintaining a sense of connection, preserving lines of communication, and facilitating creative collaboration are all more difficult with remote work, but companies found unique solutions to help employees overcome feelings of loneliness and isolation. Millennium Health, for example, coordinated regular storytimes to read to employees’ children in an effort to give their employees a bit of a break during the day.
• Financial health: Companies stepped up to help employees overcome the financial stress of the pandemic as well. Southwest Airlines pledged to avoid layoffs and offer early retirement packages, while Truist Bank gave bonuses to certain employees and set up a fund to help with emergency financial relief. In this and so many other ways, companies recognized what their employees (and customers) needed during the pandemic and took initiative even when they were not required to do so.

These examples are not to suggest that companies need fewer health and safety guidelines from the government, OSHA, or the CDC. On the contrary, the pandemic highlights the need for clear, comprehensive directives coming from the top down. It is important to recognize the empathy that companies displayed during the pandemic and the commitment they made to help employees in myriad ways. There are lessons here for HR leaders and legislators both.

Tania Fiero is the chief human resources officer at Innovative Employee Solutions (IES), a leading global employer of record in more than 150 countries that specializes in payrolling and contractor management services for today’s contingent workforce. Founded in 1974 in San Diego, IES has grown into one of the city’s largest women-owned businesses and has been named one of its “Best Places to Work” for 10 years in a row. An expert in joint employment and the Affordable Care Act, Tania helps employers embrace contingent workers in their staffing strategy and culture.