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Vaccine: Exemptions in the Workplace

As COVID-19 vaccination mandates become increasingly common and given President Biden’s most recent sweeping vaccine mandate, we can expect exemption requests (and misuse) to become increasingly widespread. So the question becomes, how should employers handle such exemptions?

 There are two kinds of exemptions:

Medical Exemption

Religious Exemption

 Medical Exemption

Employees may request a reasonable accommodation that would exempt them from the vaccination requirement due to having a disability that places them at such a risk. Employers mandating the vaccine must ensure they take every effort to make reasonable accommodations under the Americans with Disabilities Act (ADA) because of an employee’s disability. The policy should require an employee to submit an affidavit supported by a statement by a licensed health care provider that outlines the medical reason for the exemption. When an employee claims there is a medical basis for an exemption, the employer is required to follow the interactive process outlined by the Americans with Disabilities Act (ADA). Employers must determine if the employee has a qualifying disability under the ADA and if a reasonable accommodation can be offered.

 Currently there are very few absolute contraindications to the COVID vaccination. In an ideal world, medical exemptions would be limited to absolute contraindications. However, the courts have already seen some health care licensees willing to support COVID-19-related medical exemptions to vaccination mandates based on erroneous  or nonexistent grounds, thereby fulfilling requests to circumvent COVID-related prevention measures.

 Religious Exemption

An employee may object to receiving the vaccine mandated under the employer’s policy based on claiming a religious exemption. In this case, the employee would be seeking a request for an accommodation under Title VII.  A religious exemption is based on the employee’s sincerely held religious belief, practice, or observance which prevents them from receiving the vaccine.

 The EEOC says that once you know that an employee’s sincerely held religious belief prevents them from getting a COVID-19 vaccine, the employer must provide a reasonable accommodation unless it would pose an “undue hardship.” The EEOC cautions that employers should “ordinarily assume that an employee’s request for religious accommodation is based on a sincerely held religious belief, practice, or observance.”

 However, if the employer is aware of facts that provide an objective basis for questioning either the religious nature or sincerity of a belief, then the employer may be justified in requesting additional information. Factors that could undermine employees’ assertions include whether they have behaved in a manner markedly inconsistent with the professed belief, whether the timing of the request renders it suspect, or whether there are other reasons to believe the accommodation is not sought for religious reasons. 

 Once an employer determines that a true religious exemption exists, the employer must engage in the interactive process in order to make an accommodation for the employee. Such accommodations may include a more stringent mask requirement, periodic COVID testing, modifying work duties to comply with social distancing, adjusting an employee’s schedule, or allowing an employee work from home.

 Final Word

This may sound like a tight rope employers must walk. You are not alone in thinking it is a lot to understand, administer, and process. It is integral that employers assess this on the basis of their own risk tolerance.  Instituting a mandatory vaccine policy should be scrutinized from every angle and should involve the expertise of your human resources consultant.

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Managing Paid Time Off for Remote Employees

 There have been a significant number of companies that have been allowing their employees to continue working remotely since the COVID-19 pandemic. With this remote workplace continuing, many companies are looking at current workplace policies, and how they may apply now working remotely vs, in the office, such as Paid Time Off (PTO).

When employees are working remotely, how do you handle and track their PTO? This question is complicated as companies deal with paid time off in many different ways; front loading, accruing, or not tracking at all. Front loading means employers give their employees a bucket of paid time off at the beginning of the year, accruing means they accrue a certain amount of time each pay period, and some companies don’t track time off at all by implementing an unlimited time off policy. Managing PTO while working remotely can create challenges, for example; if an employee works remotely and doesn’t feel good on a Tuesday morning and decides to take a nap, then feels better after so continues to work for the rest of the day, so this employee decides to work late that day. If this employee were on-site and didn’t feel good on a Tuesday morning, so they went home for the day and had to take time off.

It is obviously very hard to create a flexible work environment, but it can be done. It is possible for employees to take some time they need during the day, such as take a nap, and still get work done. This does mean that organizations and managers have to be flexible, trust their employees and communicate acceptable behavior.

While managers can be flexible, they also want to ensure all employees are adhering to company policies and are holding their employees accountable to ensure all their work is getting complete efficiently and they are hitting their goals. Employees need to earn trust from their managers by still performing while their managers are remaining flexible.

Creating an equitable work arrangement means transitioning to a different type of accountability. It’s less focused on time and more on results. Managers should be given the training and tools to effectively handle these situations. While employees should be informed on their performance standards. This will provide an environment of trust to ensure a flexible PTO policy is successful.

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HR More Accepting of Workers with Criminal Records

New research from the SHRM Foundation and the Charles Koch Institute shows that a majority of HR professionals and business leaders are willing to hire and work with people with criminal records. Individuals with criminal records have a hard time finding employment for obvious reasons, but new research shows that most believe people with criminal records perform the same as or better than other hires in terms of job performance, dependability, retention, and overall quality of hire.

85% of HR professionals and 81% of business leaders do believe that workers with criminal records perform as well or better in their jobs compared to those with clean records. "For years, SHRM and Stand Together [a philanthropic organization created to address policy initiatives] have been committed to changing the narrative and helping people with criminal records thrive and succeed in the workplace," said Johnny C. Taylor, Jr., SHRM-SCP, SHRM's president and chief executive officer. "We know when people with criminal records are excluded from the workforce, a large, willing, trainable talent source goes to waste. Businesses can't afford to ignore this key talent pool—who, in fact, make hardworking and loyal employees.

"Many employers have discovered that not only is hiring from this talent pool the right thing to do—and there's PR value in hiring the formerly incarcerated—but then these workers do so well on the job, so it's a win-win-win," said Richard Bronson, the founder and CEO of 70MillionJobs, an employment marketplace and platform for people with criminal backgrounds.

The results from this survey show that 53% of HR professionals say that they would be willing to hire individuals with criminal records, and only 12% would not be willing to do so. Although the data seems positive, there is still a lot of work to do before this becomes typical. Many hiring professions automatically believe that someone with a criminal record will be untrustworthy, act inappropriate, or commit crimes on the job, but data suggests the opposite. Individuals who come out of prison and are in the workforce almost never get in trouble. This is because they already have limited options when finding jobs and they end up being much more loyal to their employers.

Hiring individuals from this valuable talent pool will not only provide jobs to those who need them, but also give your business worth.

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Transitioning Back to the Non-Virtual Office: Frequently Asked Questions

Just over a year ago Time Magazine had published an article titled, “The Coronavirus Outbreak Has Become the World’s Largest Work-From-Home Experiment.” Now, nearly a year later, we have seen COVID-19 vaccines evolve and state and local reopening orders are allowing more employers nationwide to return to office. With this “new” change, there are many employment law issues that employers can run into as they move forward with returning to the office. Below are some answers to common questions employers are asking.

 1. Can employers return employees back to the office in phases instead of all at once?

Yes. An employer does not have to return all employees at once, instead an employer may have some employees continue working remotely and bring employees back in smaller groups. If an employer chooses to phase employee returns back in the workplace, they must take the appropriate steps to articulate and document the legitimate, non-discriminatory reasons, why they allowed some, but not all employees to continue working remotely. To ensure this happens, employers should analyze their operations to determine what positions require in-office work and those that can continue working remotely. When determining who should come back to the office and who can continue working remotely, it should be decided on the basis of the positions and duties not the employee.

 2. Can employers ask employees whether they have been vaccinated for COVID-19?

Yes, employers may ask employees if they have received the vaccine or for proof of the vaccination, as it is not likely to disclose any disability information. It is important though that no other questions are asked, as this may elicit information about a disability and would then be subject to the ADA. So when asking employees about vaccination status, be sure to warn employees not to provide any medical information as part of the proof in order to avoid any ADA implications.  In the end, any information obtained should be kept confidential. These records may need to be retained for 30 years following the employee’s termination to be in accordance with OSHA standards.

 3. Can employers treat vaccinated employees differently than non-vaccinated employees?

At the moment, not without risk. Individuals who choose not to be vaccinated for religious or medical reasons may be entitled to accommodations and their choose to not vaccinate may be protected. Also, treating unvaccinated employees differently may impact an employer’s’ diversity, equity and inclusion efforts as there are some studies that show there may be a disparity in racial or gender lines in terms of who receives and doesn’t receive the vaccine.  

 Currently, neither the CDC nor OSHA recommend that employers treat vaccinated employees differently than unvaccinated, except that the CDC allows for differences with respect to quarantine requirements after close contact or travel. OSHA specifically recommends that, at this time, employers should not treat the two groups differently and should continue to follow the same safety protocols for both. Some state laws may provide additional protection for unvaccinated employees.  

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Settling Conflicts in a Remote-Work World

The COVID-19 pandemic has pushed a world of telecommunication that many businesses plan on continuing. With this push, there are new problems arising for managers. With teams working remotely and communicating online, on-the-job conflicts are happening digitally, and disagreements are being carried out through e-mails, texts, or video conferencing rather than face-to-face.

A recent study from MyPerfectResume includes how grievances can act as a tinderbox in a distanced work environment. Nearly 2 in 3 workers have experienced some sort of conflict with their co-workers. 46% of remote workers use work messaging apps for their arguments. The cause of conflict from many remote arguments ranges from the lack of transparency about something important, clash of values, or a false accusation.

Disagreements Via Long Distance

Workplace conflicts have always been around, but there is an abundant increase since the world has become remote where co-workers are no longer able to physically see each other when sharing information or resolving problems. Without the face-to-face contact employees are missing pieces of information that result from body language and observation. Misinterpretation becomes a large factor with the absence of face-to-face interaction.

Not Seeing Eye to Eye

A remark that might be constructed as friendly feedback or a humorous comment when delivered face-to-face, might sound harsh or serious when sent in a message. Virtual disagreements can start over the littlest misunderstandings but can escalate quickly. There have been times when a manager makes a joke at the expense of an employee in front of the rest of the team, but what the manager thought was harmless was perceived by the employee as bulling behavior. Not everyone will assume all jokes are funny, so it is important to be mindful what you say, especially if communication is not face-to-face.

Tips for Resolving Workplace Confrontations

It is important for managers to hone their communication and team-building skills to diffuse workplace conflicts. The following tips can help everyone be on the same page when conflicts do arise.

1. Gather the facts. Before hosting a meeting about a workplace conflict, contact each team member involved and have them share their report in a confidential conversation.

2. Be proactive. Have a good long-term communication plan that is implemented early to help head off virtual work conflicts as remote workplaces can be a breeding ground of misinformation and missed signals.

3. Clarify communications. Workplace conflict primarily stems from unclear communication. The key is to have a video call because seeing another human on the other end of the conversation can create more understanding and inclusive dialogue.

4. Managers need to overcommunicate. Overcommunication may be the manager’s best tool for preventing and subsidizing remote-workplace conflicts. Managers should schedule individual meetings to give their team members a safe environment to share what is going on in their world.

5. Acknowledge the elephant in the room.

Being realistic with employees can help resolve tensions. Everyone should be reminded that they are on the same team, and it is important to discuss if any issues arise. One of the most important things a manager can do is ensure that an employee does not feel embarrassed for having raised

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Tax Credits under the FFRCA

Currently, the tax credit for employers who voluntarily provide leave consistent with the FFCRA had been extended until March 31, 2021.  Now, effective April 1, 2021, the American Rescue Plan Act (ARPA) has extended the date employers can receive tax credits for qualified wages paid to employees through September 30, 2021. Employees now have 14 weeks of paid leave available (two weeks of EPSL and twelve weeks of EFMLEA).

Let’s begin by reviewing the reasons that employees can take leave (either EPSL or EFMLEA) under the new Act:

Instances where an employee is subject to a quarantine or isolation order;

Where an employee was told to self-quarantine by a healthcare provider due to COVID-19;

Where an employee is experiencing symptoms  of COVID-19 and is seeking a medical diagnosis, seeking/awaiting the results of a medical diagnosis, or obtaining a COVID-19 vaccine or recovering from any injury, disability, illness, or condition related to the vaccine;

Where an employee is caring for an individual who is subject to a quarantine or isolation order or has been advised to self-quarantine; and

Where an employee’s son or daughter’s school or place of child care is closed due to COVID-19.

The tax credits available between April 1, 2021 and September 30, 2021 are the same as under the original FFCRA, except for the increased aggregate cap under the EFMLEA. Tax credits are available as described below.

EPSL

The credit available for EPSL when used for reasons 1, 2, or 3 (self-care) is up to 100% of an employee’s regular rate of pay, with a limit of $511 per day.

The credit available for EPSL when used for reasons 4 or 5 (care for another) is up to 2/3 of an employee’s regular rate of pay, with a limit of $200 per day.

EFMLEA The credit available for EMFLEA for any reason is up to 2/3 of an employee’s regular rate of pay, with a limit of $200 per day and a cap of $12,000 per employee.

Employers can now also claim a credit for their share of the Medicare tax on the employee’s wages (1.45%), in addition to the 6.2% credit for social security.  Applicability of tax credits under the ARPA are subject to IRS guidance, and we expect the IRS will issue additional FAQs in the near future.

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American Rescue Plan Act

On March 11, President Biden signed into law the American Rescue Plan Act (ARPA), a 1.9 trillion stimulus package aimed to speed up the United States' recovery from the economic and health effects of the COVID-19 pandemic.  As you know by now, there are a significant amount of provisions included in the ARPA.  Below are some of the highlights:

 Extends the FFCRA paid sick time and paid family     leave tax credits beginning April 1 through September 30, 2021 and     remains refundable and advanceable through IRS Form 7200.

 Includes     a 100% COBRA premium subsidy for any employee or dependent who is a     COBRA qualified beneficiary (or will become one), resulting from an     involuntary termination of employment or a reduction of hours between     April 1 and September 30, 2021.

 Extends Unemployment Benefits: federal     unemployment supplement of $300 a week, which was scheduled to expire on ��   March 14th, is renewed through September 6th.

 Authorizes Stimulus     Checks: authorizes the Internal Revenue Service (IRS) to pay up to     $1,400 to individuals and an additional $1,400 for each dependent of the     taxpayer up to specified income limits. The amount will be reduced – or     eliminated – for people with an income above a certain amount.

 Provides assistance to restaurant, bars, and shuttered     venues by establishing a $29 billion Restaurant Revitalization Fund     (RRF) to address the pandemic’s devastating impact on the food     services industry.

 Restores the State Small Business Credit Initiative     (SSBCI), which expired in 2017. The program provides federal funding     to deliver flexible, affordable capital to small businesses across the     nation. The new iteration of the program will provide $10 billion in     funding to support small businesses recovering from the economic impacts     of the COVID–19 pandemic.

 Allocates an additional $7.25 billion towards Paycheck     Protection Program funding and adds additional covered nonprofit     entity as an eligible nonprofit for first and second draw PPP loans.     (The deadline to submit a PPP loan application has not been     extended, so organizations eligible to apply for a second draw PPP loan     must do so by March 31, 2021.)

 Extends the Employee Retention Credit from June     30, 2021 to December 31, 2021. The rate of credit will continue at 70% for     this extended period of time

 Increases the Child Tax Credit and the Earned Income     Tax Credit from $2,000 to $3,000 for each child over age six and     $3,600 for each child who is under age six as of the close of the calendar     year.

 Written By:

Jennifer Adams | HR Consultant

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What do High-Performance Workplaces Do Differently?

Gallup has discovered that one of the most important factors when creating a high-performance workplace is ensuring there is a high-development culture that values the growth of individuals. Those businesses that make strategic investments in employee development are twice as likely to retain their employees.

To create a high development culture you need to add learning programs and development plans to the roster. This can be achieved by following these four strategies that set the highest-performing workplaces apart:

1.       Protecting their investment in employee development while focusing on increasing employee engagement. Business leaders often fear that they will invest time into developing their employees’ only to have them walk away. Although this does happen, the best way to prevent this from happening is through employee engagement. If employees are not engaged in their work and committed to the company, then there is a higher chance that they wont stay with an organization or perform at their best.

2.       They avoid the most common misunderstanding about development. Most often companies define growth and development with promotions. Although this is a good incentive and reward, it doesn’t always have to be. The employees who are really good at what they are doing, don’t necessarily always expect a promotion as much as they want to grow. Allowing employees to understand themselves and develop their strengths is what is important.

3.       Their managers are highly involved in the development of individuals—they act as coaches, not bosses. Employees see their managers closer than the HR or leadership in their daily activities, so it is more likely that they understand how to develop employees and engage with them. Employees are more likely to learn and grow when the receive immediate feedback that is specific to them; because of this, managers become the perfect people to coach their employees.

4.       Their leadership owns the culture change (not HR alone). The fundamental driver of culture change is commitment from leadership to high-performance workplace practices. When the C-level officers model a focus on development, managers and employees will begin to mimic that focus and apply it to themselves. This behavior change is crucial to making culture change stick.

The best employees will always seek development. High achieving employees continuously seek purpose and development, they always want to grow and be better. If they are engaged in your at your company and you provide growth and development opportunities, they won’t have a reason to leave and you will have the highest talent.

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People First 2021

A new compilation of 2020 ADP research has concluded what we here at Converge have been saying since the beginning: put your people first. The pandemic has reminded companies to focus on the well-being of their employees, and the ongoing social justice movements have only intensified the importance of a work environment. But these are not the only major factors leading to this conclusion...

Flexibility: 

Workplace flexibility is expected to remain a top concern for 2021. 44% of employers now offer flexible working policies (almost double the number pre-COVID).  An October ADP Research Institute Study found that 65% of workers felt positive about the future flexibility of their organization. Further, employers are that are looking for  guidance on flexible work, and pay options have grown over 116% this year. 

Workflow Systems:

Workflow was yet another area that saw major changes this year. Many companies had to adapt completely new workflows as they shifted to remote work. Other companies, were able to accelerate systems they already had in place to allow for this flexibility. The takeaway found across companies is that whatever system you choose to use, you need to ensure it empowers and supports your employees. 

Resilience:

An ADP survey (of companies with 1,000 or more employees) reported that 39% of worker’s fear’s about health are a top concern. Workers on the other hand have actually become more resilient due to all the change. Employees who saw at least five major changes during the pandemic were 13.2 times more likely to be highly resilient. Those employees who trusted their leader’s ability to anticipate and communicate in the future felt psychologically safer, and therefore, better able to adapt and overcome change. 

HR

HR has taken an even more strategic role. Company leaders are now more than ever before turning to their HR department. As the need to quickly and efficiently introduce changes into the workplace, and communicate it clearly, HR has become the natural leader. HR has also been the one to help companies either metaphorically, or physically, re-write their handbooks and internal policies this year. Read more on the transformation of HR here.

 In conclusion, there are more reasons than ever before to put people first. As the only constant is change itself; build your people, so that your company can continue not only to handle but grow from all the challenges it will face. 

 Read more from the ADP research here:

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Changes to COVID 19 Quarantine Regulations

Additional guidance was released Wednesday by the CDC on recommendations for quarantine after being exposed to COVID-19.  Below is an excerpt from the CDC website which discusses options to reduce quarantine times.

“CDC and other scientists have explored changing the current recommendation to quarantine for 14 days after last exposure. Reducing the length of quarantine may make it easier for people to quarantine by reducing economic hardship if they cannot work during this time. In addition, a shorter quarantine period can lessen stress on the public health system, especially when new infections are rapidly rising.

Local public health authorities make the final decisions about how long quarantine should last in the communities they serve, based on local conditions and needs. Follow the recommendations of your local public health department if you to need to quarantine.

CDC now recommends two additional options for how long quarantine should last. Based on local availability of viral testing, for people without symptoms quarantine can end:

On day 10 without testing

On day 7 after receiving a negative test result

After stopping quarantine, people should

Watch for symptoms until 14 days after exposure.

If they have  symptoms, immediately self-isolate and contact their local public health   authority or healthcare provider.

Wear a mask, stay  at least 6 feet from others, wash their hands, avoid crowds, and take  other steps to prevent the     spread of COVID-19.

CDC continues to endorse quarantine for 14 days and recognizes that any quarantine shorter than 14 days balances reduced burden against a small possibility of spreading the virus. CDC will continue to evaluate new information and update recommendations as needed. See Options to Reduce Quarantine for Contacts of Persons with SARS-CoV-2 Infection Using Symptom Monitoring and Diagnostic Testing for guidance on options to reduce quarantine”.

Written By: Mark J. Izzo | Founder & Principal

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The Year of HR

As we roll into December, typically companies would be looking back on the previous year, looking at what went well, and setting new goals for the following year. Well, not this year. Now in the midst of an ongoing pandemic, economic recession, and critical protests against racism; companies are still working full steam ahead. Drastic and unprecedented policies, coming out of the HR department, have had to been made quickly and updated frequently this year.

While it may feel as though your company’s handbook has been figuratively re-written this year, do you actually need to physically re-write it? Below are four main issues from 2020 that it is important you continue to focus on as we move into 2021. 

Paid Leave of Absence

The Families First Coronavirus Response Act (FFCRA), was the first federal paid leave law for private-sector workers in US history. The act is still the subject of continued litigation (read more here), and only applies to small businesses, with a sunset on December 31st. Many states have further created “gap laws” or other policies to cover what the FFCRA did not. For example, California passed an order for workers in the food sector to receive supplemental paid leave for coronavirus related reasons. 

These laws are perhaps the most significant development in HR in the past year. Many companies are hesitant to update their handbooks because these policies are expiring (and likely to be replaced with new ones). If you prefer not to update your handbook, make sure you have a separate policy that is distributed and employees have access to it. 

Paid Time Off

This year, there is likely going to be an issue of employees wanting to use their PTO during the holiday season before they lose it. To avoid these headaches encourage your workers to use their time now, or add a policy to your handbook allowing rollover of PTO from 2020 to 2021. Read more on the vacation problem here .

Remote Work

The now-common phrase of a “new normal” is a severe understatement when it comes to most people’s work environment.  Remote work has become mandatory for most, and standards have to be set. 

While some companies are planning to stay remote going forward, many are eager to get back to the office, and therefore do not want to update these policies formally. But you may want to consider revisiting your Work From Home policy to ensure that it has the flexibility to retain and recruit employees in the post pandemic world.

Also, employers need to pay special attention to employees working off the clock, working without overtime authorization, and receiving home office reimbursements. Having a set policy to fall back on here can be beneficial.

Policy

The issues of harassment and accommodations have not gone away, and need to continue to stay top of mind. Forget office dress code the reality of our new Zoom lifestyle has employers asking if employees are even fully dressed. Modify your harassment training to look for these and other video issues. Further, be sure to work with all your employees, to avoid undue hardships for those who may struggle with a remote workspace. These are areas, that again should be updated in your handbook. 

Anti-Racist Policies

Talking about, and making a change are two completely different things. Change is difficult, but change is important, and here, necessary. If you, as an employer, have not already, you need to begin to introduce more inclusive policies. Further, you need to create an environment where employees will feel comfortable, and safe, reporting harassment, discrimination, and other similar issues. 

Look to the issue of hair discrimination. While some states such as New York have already banned these laws many companies still have requirements that persons of color style their hair a certain way to conform to social “norms”.  The fact that this, hair, is still an issue in 2020, shows just how much change needs to take place. 

Issues such as transparency, wage gaps, and other forms of discrimination will not be as easy of a fix but need to be top priority items. Your company needs to be bold here, and show your employees understand their values.  

Communicable Disease Policy

As we in PA move into our second lockdown, it has become clear that this pandemic is not going away any time soon. You need to continue to update your handbook with information from the CDC, OSHA, as well as federal, state, and city policies. Short-term policies can be added to address issues such as personal and business travel restrictions during the times of COVID. Yet, long-term policies on cross-training may prepare you for any future disruptions. 

In conclusion, HR took a front seat this year and is not planning on leaving it any time soon. If you need assistance with your company’s handbook, policies, or other HR issues please reach out. You can schedule a free consultation here.

In the words of Bruce  Sarchet “People will say they can get by with less HR…[but] you need more HR than you did last year”.

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The Rise of HR

Understanding The Increase in Importance, and Pay

More so than any other area of business, Human Resources (HR), has emerged over the last decade as the function with the most strategic value. As the economy grew through the 2010s, companies saw an increase in their talent needs, which lead to a realization of the importance of recruiting talent, as well as employee engagement and retention. Further, as the workforce has become more diverse, different methods of work and lifestyle are becoming more commonplace. HR leaders, have been navigating this and ensuring policies that benefit all employees.

This understanding has driven a significant trend of pay increase for HR managers. When looking at data from the Bureau of Labor and Statistics; from 2011 to 2019 an HR manager’s mean annual pay increased from $108,600 to $129,570. This is an increase of nearly 20%.

Amidst the COVID-19 pandemic, we do expect this trend to continue. When the lockdown began, and managers were unsure of how to proceed, everyone turned to HR. Therefore HR has taken on a whole new set of personnel concerns including: paid leave, healthcare benefits, working parents, remote engagement, and virtual interviews...all while maintaining productivity during a public health emergency.

If you are interested in how an HR Partner can help your business’s needs please reach out, or schedule a free consultation here.

Find more information on the following topics discussed here:

Personnel Concerns 

Paid Leave 

Healthcare Benefits 

Virtual Interviews 

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Executive Order on Diversity and Inclusion

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), released a FAQ for Executive Order 13950. To clearly illustrate its main idea, the Executive Order began with excerpts from federal training models. Then, it explains how those excepts include racial stereotypes and have no place in current trainings. The order is directly applicable to all government agencies, as well as anyone contracting work with the government, however, these can (and should) be applied to all businesses.

First, the order prohibits the use of any workplace training “that inculcates in its employees any form of race or sex-stereotyping or any form of race or sex scapegoating”. The DOL defines “Race or sex scapegoating” as assigning fault, blame, or bias to a race or sex, or to members of a race or sex, because of their race or sex”, and notes that scapegoating specifically includes “any claim that, consciously or unconsciously, and by virtue of their race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others.”

Examples from the DOL of race or sex stereotyping and scapegoating that are prohibited include any training or concept that: 

One race or sex is inherently superior to another race or sex;

An  individual, by virtue of their race or sex, is inherently racist, sexist,     or oppressive, whether consciously or unconsciously;

An  individual should be discriminated against or receive adverse treatment solely or partly because of their race or sex;

Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

An  individual’s moral character is necessarily determined by their race or sex;

An  individual, by virtue of their race or sex, bears responsibility for     actions committed in the past by other members of the same race or sex;

Any individual should feel discomfort, guilt, anguish, or any other form of   psychological distress on account of their race or sex; or

Meritocracy or traits such  as a hard work ethic are racist or sexist or were created by a particular  race to oppress another race.

It is worth noting that implicit bias training is not implicitly prohibited by this order. Trainings designed for example to inform workers or foster discussions are not prohibited. However, should these trainings extend to teach or imply ideas that fall under the definition of scapegoating, they are prohibited.

Whether this order legally requires you to, or you simply realize your training needs updating, reach out to us for assistance.

Read more on this topic here and here 

Read the DOL FAQ here

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Keeping the Human In HR Where Recruiting Can Be Automated

Could you even imagine the recruiting process without modern technology?  The COVID crisis especially has catapulted us into the digital world, and long gone are the days of file cabinets and stacks of paper; instead, we face overflowing inboxes and cloud storage. But yet, human resources is inherently human. So many tasks simply can and will never be automated. So many tasks from creating job descriptions, sourcing candidates, and conducting interviews are now done virtually, but by a real person. 

Yet this does not mean HR needs to be the cavemen of the business world, and there are many areas where implementing automated recruiting can prove to be cost-effective, strategic, and overall improve your hiring decisions. Here are four.

1. Resume Screening

Reading and reviewing resumes to create a shortlist based on skills, experience, and qualifications is skilled and time-consuming work. Implementing a resume tool can allow recruiters to start from their shortlist, and only need to review top candidates. Further, it prevents resumes of potentially great hires from getting lost in the shuffle.

2. Bias-Free Recruitment

Especially relevant with the current social-justice movements, recruiters want to be able to hire the best candidate for the job, without bias. Technology allows fields such as age, and gender can be hidden on a resume to allow for the most genuine recruiting.

3. Interview Scheduling

Despite the fact that many of us are social distancing, and rarely leave our homes, we still have jam-packed calendars. There is no reason not to use technology, specifically scheduling bots to provide candidates with real-time access to a manager’s calendar, so the interview can be quickly scheduled at a time that works best for all involved. These programs can also automatically send up an email to both the interviewer and interview with all pertinent information for the interview.

4. Candidate Experience

Providing a candidate with excellent experience is simply a requirement in today’s world. Requiring candidates to fill out lengthy job applications (especially if you then require a resume), will simply cause them to click off your sight. Technology allows you to simplify this process, and create ease for both yourself and your candidate. 

In the words of Steve Wynn “Human Resources isn’t a thing we do; it’s the thing that runs our business.” If you need assistance with your hiring practices or any other aspect of HR, please reach out. 

Read the full original article here.

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A “Close Contact” Update And Business Health Regulations

Wednesday, October 21st, the Center for Disease Control and Prevention CDC has updated its definition of “close contact” with a person identified as testing positive for COVID-19. Prior, “close contact” was a person who spent at least 15 consecutive minutes within six feet of a confirmed case, now the guideline has expanded for someone who has spent a total of 15 minutes or more over a 24 hour period, within six feet of an infected person. 

This change comes in response to covid cases increasing in nearly 75 percent of the country. These new regulations will assist health departments and contract tracing to help track the virus. Schools, workplaces, and other group settings where people are in contact with others for long periods of time will see the greatest changes in their reporting. This may or may not affect your business’s contracting policy or practice, so refer to the CDC here for more information. 

These changes only bring light to the importance of wearing a mask, and social distancing, especially as we enter into the fall and winter cold season. As a reminder for those of you who have returned to in-person work, the following guidelines are in order by state. Guidelines may vary slightly by jurisdiction, read more here and here.

Delaware:

Temperature Screenings: Are required for all high-risk businesses, and recommended for all others. 

Mask: All employers must provide employees with face coverings to wear while working in areas open to the general public and areas where the staff is likely to come within 6 feet of other people. All individuals over the age of 11 must wear a face-covering in specified public spaces, and businesses may decline entry to those who refuse to wear one (unless the business is providing medical supplies, food, or other specified exceptions). Employees of personal care services, where the customer must remove their mask, are required to wear a face shield in addition to their masks. 

Other: Health screening questionnaires are required for all high risk, and recommended for all others.

 New Jersey:

Temperature Screenings: Are required for all those working in agriculture, restaurant or other food/beverage establishments, as well as gyms, fitness centers, and high-touch amusement and recreation areas. 

Mask: Employers must provide at their expense gloves and face coverings for employees. All individuals must wear a face-covering in both indoor and outdoor spaces accessible to the public. Customers of essential and retail businesses must wear a face mask to enter the business and may be declined entry if they are not. Further, employees must wear gloves when in contact with customer goods. Face masks are also required for workers and visitors on construction sights, and NJ Transit and private transit companies. 

Other: Agricultural workers are to screen workers for symptoms before every shift. For restaurants and other food/beverage establishments, daily health checks are required. For gyms fitness centers and other high-touch recreation and amusement centers, the facility shall conduct a health questionnaire of staff and clients.

Pennsylvania:

Temperature Screenings: Not currently required.

Mask: Employees who are permitted to maintain in-person operations must provide face masks for employees to wear, and mandate they wear them at all times on the worksite (except during meal breaks). Businesses (other than health care providers), may deny entry to people not wearing a mask unless the business is providing food, medical supplies, or other specified exceptions. Customers who cannot wear a mask due to a medical condition, or under the age of 2 are permitted entry without documentation. 

Other: All businesses conducting in-person work must screen employees for symptoms before entering. 

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Preparing Your Office For Election Day

With Election Day around the corner, employers should be mindful that encouraging - and not discouraging - employees should be the general rule around voting in the upcoming November 3, 2020 election.  

Federal law does not require giving employees time off to vote, but a majority of states and some local ordinances mandate voting leave time, especially when an employee's work hours do not permit sufficient time to vote during poll hours. Even in states where there is no voting leave law, it’s considered good practice to encourage employees to exercise this important right to mitigate the risk of a potential retaliation claim.  

In terms of pay, state voting leave laws vary on whether such time off must be paid or unpaid for nonexempt employees. Exempt employees who take a partial day off to vote during normal working hours should not have their pay reduced, as doing so would jeopardize their exempt status under the Fair Labor Standards Act. Giving employees time off to participate in civic or community activities tends to improve worker performance. Employers who are offering time off or even paid time off to vote will likely reap the benefits through improved employee attitudes and performance.

Employers in states with voting-leave laws should be familiar with the specific requirements, as some state laws have a lot of details including technical posting requirements. Click here or here to see where your state falls when it comes to current voter-leave law. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance. It’s a good idea to review existing policies and practices immediately to ensure compliance with applicable laws and be prepared to address employee requests for time off prior to Election Day on November 3, 2020.

Employers also should consider the impact of remote employees, which may allow greater flexibility in meeting relevant obligations. Further, the anticipated increase in absentee and mail-in ballot requests may mitigate some of the practical impact on employers as it relates to time off requests.

One option to keep open the lines of communication is for the employer to ask workers to give advance notice if they need time off and may require that workers take that leave at a specific time of the workday. In some states where leave is paid, employers might have the right to ask employees to prove they actually voted. Most states prohibit employers from disciplining or firing an employee who takes time off from work to vote. The general theme across the U.S. with respect to voting laws is that employees will be given time off to vote if there is insufficient time between the time the polls open and close within the state and the time employees start and finish work.

One developing area that is unclear for many employers is how to handle employees who request time off to vote when polls are open for early voting or where voting by mail or drop boxes is an option. Typically, state laws requiring an employer to provide time off to vote stipulate that the time off is available only to employees who do not have sufficient time outside of working hours to vote. Employers could argue that states and localities with flexible voting options allow employees to vote on weekends or other days when they are not scheduled to work, therefore eliminating the need to request voting leave on election days. Employers should consult with legal counsel prior to denying leave to an employee in these circumstances, as most state laws have not yet addressed this topic.

A common question regarding time off to vote is how employers handle employees who live in a different state from where they work. For example, a Kansas-based employer may have employees who live in Missouri where the voting leave-law differs from that in Kansas. Which law does the employer have to comply with? Generally, employment laws apply in the state where the employee performs work. However, experts suggest that employers take a generous approach. Remember, every state's public policy is to encourage voting in elections, and interfering with an employee's ability to vote due to technicalities in the statutes could cast a negative light on an employer. Employers are encouraged to follow the state law that is most beneficial to the employee.

Want to take more action to promote participation over politics in this election? Here are some other ideas to get you started on encouraging this basic level of civic engagement.

Distributing information about how, where and when to vote, along with tools to register and request a ballot online.

Hosting a voter registration event or voting celebration.

Adopting flexible schedules with no meetings on Election Day.

Providing paid hours to vote, whether on Election Day or before it for early voting.

Allowing employees use of printers for absentee ballot applications, as well as paying postage.

Sending non-partisan e-mails to remind employees to vote.

Encouraging employees to offer child care, elder care or rides to the polls for others in their communities to vote on Election Day.

Giving paid time off for employees to train as poll workers, as San Francisco-based denim company Levi Strauss & Co. is doing this year.

Reducing store hours on Election Day to ensure that employees can vote in person, as Best Buy has pledged to do.

Closing entirely on Election Day, a practice started by Patagonia in 2016 and now picked up by other employers.

A simple email communication is perfectly acceptable to get the word out. Ultimately, we encourage you to foster an environment that generally helps employees find a way to get to the polls this Election Day.  

Written by Mark Izzo