Ask NCET: Pop-Up stores and mask guidance for employers

Have a business or technology question?  Send it to ask@NCET.org and if selected, NCET’s panel of business and technology experts will answer it in our monthly column.

Peter Fishburn

Peter Fishburn

What’s a Pop-Up Store?  Should my nonprofit have one?

All nonprofits have three big areas of concern in common:  Finding ways to raise needed funds.  Communicating their message and mission to the public.  Finally, keeping people appraised of what they are doing and staying top of mind.  All of these are possible with very limited if any out-of-pocket expense.

A properly set up Pop-Up Store will accomplish all three of these goals at the same time.  So, what is a Pop-Up Store and how will it accomplish the areas mentioned above?  Simply put, the store is a website which pops up for a limited amount of time with carefully selected logoed items.  You can promote the website to everyone with an interest in your non-profit and ask them to considering purchasing an item to support your program.  When people click on the Pop-Up Store, they will see how the program is helping the targeted audience.  By purchasing and using the items, they will be reminded on a regular basis why they support the program and at the same time raise much needed funds.

Here are some items you’ll need for these Pop-Up Stores to be successful.  A large audience that you can reach through social media and other means, creative design and messaging, correct selection of logoed items to offer, attractive pricing, and the proper follow up.  By using a template Pop Up Store, the work is almost all done.

So, yes a non-profit should consider a Pop-Up Store.  Working with a promotional professional would make the process easier. 

Peter Fishburn with Brown & Bigelow has been in the promotions industry for over 25 years.  He has helped business with their branding, marketing, and special event projects through the use of promotional products and apparel to be top of mind with their clients.  (peterfishburn.espwebsite.com)

Kelly Klingseisen

Kelly Klingseisen

I’m an employer.  What does the new mask guidance mean for me – legally?

On May 13, the CDC updated its guidance for fully vaccinated people to resume activities without the need for physical distancing or wearing a mask in most situations, which was adopted immediately in Nevada, per Governor Sisolak’s orders.

For Nevada employers that may want to drop the mask policy for their fully vaccinated workers, there are several legal considerations related to this decision.

  • The Occupational Safety and Health Act (OSHA): Nevada’s state OSHA program recommends employers conduct a job hazard analysis, in light of the new CDC guidance, to determine if face coverings need to be worn by fully vaccinated employees to prevent the spread of COVID-19.

  • The Americans with Disabilities Act (ADA): The EEOC states that employer inquiries into employee vaccination status is not a prohibited medical inquiry under the ADA. If an employer does ask for proof from employees, it should develop a written protocol for collecting such information and keeping it confidential. This policy should warn employees not to provide any medical information as part of the proof in order to avoid implicating the ADA.

  • Anti-discrimination laws. A potential implication of a policy that only requires those not fully vaccinated to wear masks is to identify and divide masked and unmasked employees. Employers should communicate to their workforce that employees are not allowed to confront one another about vaccination status or exclude masked individuals from work engagements, because doing so may trigger disability, religious or disparate impact liabilities.

Kelly Klingseisen is an attorney with Fennemore practicing primarily in the areas of business litigation and employment and labor. She has represented entities and individuals in a variety of complex civil disputes, including matters involving employment law, trade secrets, contracts, business torts, fraud, trusts, and environmental issues. (www.fennemorelaw.com/people/attorneys/k-n/klingseisen-kelly)

 NCET is Northern Nevada’s largest member-supported non-profit that produces educational and networking events to help people explore businesses and technology. (www.NCET.org)

Dave Archer