| | Special #75 - November 24, 2020 |
| | 2020 Leadership Training Series has gone virtual!! We are finishing this series virtually. Registration will start for this new format with Leadership III / December 16th and will run through the first part of 2021.
Overview This is a Six Part Series for Lead Personnel, Team Leaders, Supervisors and Future Front-Runners
This popular series is a six-day, multi-module series focused on practical skills and tools Team Leaders, Lead People, and Supervisors need to succeed in today’s complex business environment. Skill building is accomplished through a combination of lecture, exercises, role playing, games assessments and skill checks. The series also provides an excellent opportunity for existing managers to review, renew, and reinforce leadership skills.
Who Should Attend? Lead personnel, team leaders, supervisors and future designated or possible promotion candidates and anyone in the precarious position of performing a job function while simultaneously leading others.
**Sessions may be taken as individual workshops or combined with other series segments to fit the specific needs of attendees.
Schedule:
Leadership III December 16, 2020 9:00AM – 11:30am and 1:00pm 4:30 PM
Leadership IV January 27, 2021 9:00AM – 11:30am and 1:00pm 4:30 PM Leadership V February 27, 2021 9:00AM – 11:30am and 1:00pm 4:30 PM
Leadership VI Date TBD 9:00AM – 11:30am and 1:00pm 4:30 PM **Sessions may be taken as individual workshops or combined with other series segments to fit the specific needs of attendees.
Costs: GEA/GMA Members: $295.00 per session Non-Members: $315.00 per session
|
| HR and Employment Law News |
| - Constangy.com News & Analysis - Get ready – the pendulum is about to swing 11.9.20
- Constangy.com Podcast: News & Analysis - Deck the Halls (with a lawsuit-free holiday season!) 11.17.20- Constangy.com TV: News & Analysis - An Informative (and Lighthearted) Look at Returning to Work 11.2.20- This Week’s Update,(Nov. 16, 2020) - What's New in the HR Compliance Library 11.16.20- ¶47,428 LPN advances claim she was fired for requesting paid FMLA leave after contracting COVID — FEDERAL NEWS, Case Study from GEA HR Answers Now
(Nov. 17, 2020)- Georgia Department of Public Health COVID-19 Daily Status Report
|
| | | | |
Constangy.com News & Analysis - Get ready – the pendulum is about to swing
By Frank Shuster / Atlanta Office
11.9.20
On Saturday, President-Elect Joe Biden issued a bevy of plans for his incoming administration. Among them were the following three: The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions, The Biden Plan to Ensure the Future Is “Made In All Of America” and Joe Biden’s 4-Point Plan For Our Essential Workers. Among other things, these plans include the following commitments, which we quote verbatim: - “Aggressively pursue employers who violate labor laws, participate in wage theft, or cheat on their taxes by intentionally misclassifying employees as independent contractors.”
- Engage in an “all-hands-on-deck enforcement effort that will dramatically reduce worker misclassification.”
- “Fund a dramatic increase in the number of investigators in labor and employment enforcement agencies to facilitate a large scale anti-misclassification effort.”
- “Make it easier for workers who choose to unionize to do so … [including by] strongly supporting” the Protecting the Right to Organize Act (commonly referred to as the PRO Act).”
- “Go beyond the PRO Act by allowing workers to use… card check as an initial option for forming a union.”
- “Establish a federal standard [for determining employee status] modeled on [California’s three-prong ABC test] for all labor, employment and tax laws.”
- “Double the number of OSHA investigators to enforce the law and existing standards and guidelines.”
While we could go on, we don’t want to drive anyone to despair. Assuming President Trump’s challenges to the election results do not materially affect the outcome, it remains to be seen which of the President-Elect’s initiatives can be accomplished by executive action, which will require Congressional approval, and which are actually implemented or enacted.
Nonetheless, unless you’re an ostrich (who legend says instinctively bury their heads in the sand in the hopes that trouble will pass them by), we suggest that you open your eyes to the coming of a new reality as the pendulum swings back to the left.
There can be no denying that the National Labor Relations Board, the Equal Employment Opportunity Commission, and the U.S. Department of Labor, asC well as other agencies entrusted with enforcement of federal labor and employment laws, will become more employee-friendly with an increase in investigations and legal actions filed against employers.
How would you fare if an investigator knocked on your door? Now is the time to look for the Biden Bus that is hurtling your way.
For a printer-friendly copy, click here.
|
|
| | Constangy.com Podcast: News & Analysis - Deck the Halls (with a lawsuit-free holiday season!)
By Susan Bassford Wilson & Cherie Silberman
11.17.20
Holding the company holiday party in an adult venue – yes or no? How can we serve booze while minimizing risk? What reasonable religious accommodations might be available to an employee under Title VII? Do we need to pay employees for attending the holiday party? Bonus material: Listeners, let us know if you want us to talk about YOUR favorite musical group or TV show in an upcoming episode!
This podcast is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice or to establish an attorney-client relationship. This podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.
|
| | | Constangy.com TV: News & Analysis - An Informative (and Lighthearted) Look at Returning to Work
By Attorney Leigh Tyson
11.2.20
If you need a smile, this episode is for you. Our ConstangyTV host, partner Leigh Tyson, recently created a video for members of the Association of Corporate Counsel. We thought all of you might enjoy it, too -- whether you're an in-house attorney, HR professional, or anyone else hanging in there for business during the pandemic.
For your convenience, slides of the substantive content are also included on our website. We hope you enjoy the video!
|
| | | Training designed for HR Professionals New to the Field & Experienced HR Professionals |
| Strategic HR Leadership Series (Registration is available for these in-person workshops)
HR leaders make a significant impact on their organizations’ success. But in our rapidly changing business environment – whether you’re new to human resources or an HR veteran – it’s important to be up to date with best practices, innovative strategies and proven techniques....Read More>>
This Workshop Series will: - Introduce multiple HR ‘best practice’ initiatives within the six core disciplines of HR
- Provide you with employment law updates
- Allow you to interact with and learn from other HR professionals
- Place an emphasis on and assist you in developing a personal follow through action plan that you can apply on the job
Schedule - Positively Impacting Employee Behavior through Performance Appraisals, Coaching & Counseling
Changed Date! December 04, 2020 9:00 AM – 12:00 PM
- Utilizing HR Metrics to Illustrate & Improve HR's
December 15, 2020 9:00 AM – 12:00 PM
- Employment Law Essentials with Constangy, Brooks, Smith & Prophete Attorneys
Date TBD 9:00 AM – 12:00 PM
Visit our website to view the overview of workshops
Location of Workshops, unless otherwise noted, to be conducted at: Cherry Blossom Room (16th Floor) Fickling & Company Building 577 Mulberry St , Macon, GA 31201
|
| | | | 380,This Week’s Update,(Nov. 16, 2020) - What's New in the HR Compliance Library
from GEA HR Answers Now Nov. 16, 2020
Here’s a brief listing of what is new and what has changed in the HR Compliance Library:Coronavirus. The Occupational Safety and Health Administration (OSHA) has issued tips on how heating, ventilation, and air conditioning (HVAC) professionals can help optimize building ventilation to reduce the risk of coronavirus (COVID-19) among workers. See the Analysis and Guidance at ¶71,075D* in the Safety, Security, Risk Management category under the “Communicable Diseases” topic.
OSHA also issued guidance to help employers understand which standards are most frequently cited during inspections related to COVID-19. The information is based on data from citations issued, many of which were the result of complaints, referrals, and fatalities in industries such as hospitals and healthcare, nursing homes and long-term care facilities, and meat/poultry processing plants. A separate document with “lessons learned” covers the requirements that employers have most frequently failed to follow. For more information, see the Analysis and Guidance at ¶71,075H* in the Safety, Security, Risk Management category under the “Communicable Diseases” topic.
Paid family leave. Colorado voters have approved a proposition to establish a paid family and medical leave program in the state. The program will provide up to 12 weeks of paid leave for a covered employee who has a serious health condition, is caring for a new child or a family member with a serious health condition, has a need for leave related to a family member’s military deployment, or has a need for safe leave. Four more weeks are allowed for pregnancy or childbirth complications. The program, to be funded through employee wage deductions and employer contributions, is discussed in the Quick Answers at ¶13,120* and noted in the Quick Answers at ¶13,123*. Both are located in the Benefits category under the “Family and Medical Leave” topic.
Health care reform. On November 10, 2020, the U.S. Supreme Court heard oral arguments in California v. Texas and Texas v. California, consolidated cases involving the constitutionality of the Patient Protection and Affordable Care Act (ACA). The ruling will determine whether the ACA stands in the aftermath of an amendment that reduced the law’s individual mandate penalty to zero. The nature of the questioning suggested that the Court is unlikely to strike down the entire ACA. See the Quick Answers at ¶14,234* and the Analysis and Guidance at ¶14,420*, both in the Benefits category under the “Health Benefits and Insurance” topic.
Employment costs. The U.S. Bureau of Labor Statistics (BLS) has released the Employment Cost Index for the third quarter of 2020. Compensation costs for civilian workers increased 0.5 percent, seasonally adjusted, from July to September. Wages and salaries rose 0.4 percent, while benefits increased 0.6 percent. For more information, refer to the Analysis and Guidance at ¶20,845* in the Compensation category under the “Economic Indicators” topic.
Joint employers. The U.S. Department of Labor (DOL) has filed a notice of appeal with the Second Circuit, seeking review of a district court decision that invalidated part of the agency's controversial final rule on joint-employer status. The district court found that the rule conflicted with the Fair Labor Standards Act (FLSA), and was arbitrary and capricious. Another notice of appeal was filed by the International Franchise Association, U.S. Chamber of Commerce, HR Policy Association, National Retail Federation, Associated Builders and Contractors, and American Hotel and Lodging Association, which had intervened. The status of the case, State of New York v. Scalia, was updated in the Analysis and Guidance at ¶21,455* in the Compensation category under the “FLSA Coverage” topic.
Wage and hour compliance. The DOL has issued two new opinion letters that address the following issues under the FLSA:
- the compensability of time that employees spend attending voluntary training programs in six different scenarios; and
- the compensability of employee travel time in certain situations involving construction sites located away from the employer’s principal place of business.
The letters can be accessed from the Quick Answers at ¶21,505* in the Compensation category under the “FLSA Enforcement” topic.
Minimum wages. Voters in Florida have approved a constitutional amendment to raise the state's minimum wage. The rate will rise from $8.56 per hour to $10.00 per hour on September 30, 2021; after that, it will increase by $1.00 per hour annually until it reaches $15.00 per hour on September 30, 2026. Adjustments based on inflation will follow the scheduled increases. Once election results are certified, the new rates will be added to the Quick Answers at ¶23,850* in the Compensation category under the “Minimum Wage” topic.
Employment tax returns. The IRS has issued the 2020 version of Form 945, Annual Return of Withheld Federal Income Tax, which is used to report taxes withheld from nonpayroll items such as pensions. Employers generally must file the return by February 1, 2021; however, if all deposits for 2020 were timely and constituted payment in full, it may be filed by February 10, 2021. The new form was added to the Sample Document at ¶25,724* in the Compensation category under the “Payroll Taxes and Withholding” topic.
Productivity. For the third quarter of 2020, preliminary figures from the BLS show that the seasonally adjusted annual rates of productivity growth were 6.4 percent in the business sector, 4.9 percent in the nonfarm business sector, and 19.0 percent in manufacturing (44.2 percent in durable manufacturing and 1.2 percent in nondurable manufacturing). The statistics are reported in the Analysis and Guidance at ¶46,301* in the Employee Relations category under the “Productivity and Engagement” topic.
Affirmative action. The Office of Federal Contract Compliance Programs (OFCCP) has released a new technical assistance guide for federal supply and service contractors. The resource can be used as a self-assessment tool for contractors to review their practices to achieve equal employment opportunity (EEO) goals. Check it out in the Tool at ¶80,286*, located in the Staffing category under the “Affirmative Action” topic.
Hiring incentives. The IRS is reminding employers about the Work Opportunity Tax Credit. This valuable credit is available to employers that hire long-term unemployment recipients and others certified by their state workforce agency if the individual began (or begins) work for the employer after December 31, 2014, and before January 1, 2021. Learn more about it in the Analysis and Guidance at ¶83,743* in the Staffing category under the “Hiring” topic.
Turnover. The turnover rate was 3.5 percent (before seasonal adjustment) during September 2020, according to the BLS’s latest Job Openings and Labor Turnover Survey (JOLTS). For more information, including turnover rates by industry, refer to the Analysis and Guidance at ¶89,320* in the Staffing category under the “Turnover” topic.
Employment. In October, the unemployment rate declined to 6.9 percent, while nonfarm payroll employment rose by 638,000. The improvements in the labor market reflect the continued resumption of economic activity that had been curtailed due to the pandemic and efforts to contain it. Notable job gains occurred in leisure and hospitality, professional and business services, retail trade, and construction. Employment in government declined. To find out more about the BLS’s employment situation, see the Analysis and Guidance at ¶89,760* in the Staffing category under the “Workforce Planning” topic.
*Note: You can get the more detailed compliance analysis pages through HR Answers Now by join Georgia Employers' Association. It is free with your membership. If you are interested in membership click here for a link to our benefits page or you can call Chris at 678-378-6889.
|
| | | | ¶47,428 LPN advances claim she was fired for requesting paid FMLA leave after contracting COVID — FEDERAL NEWS,
Case Study from GEA HR Answers Now (Nov. 17, 2020)
A nursing and rehabilitation center lost its bid to dismiss a former LPN’s FMLA retaliation claim alleging she was fired for requesting paid FMLA leave after she contracted COVID-19 at work. Noting that the employee alleged she was exposed to COVID-19 in April and May, contracted the disease, requested FMLA leave, and was fired in May, a federal district court in Rhode Island found that she pleaded facts sufficient to support a prima facie case at this stage of the litigation.
The employee began working for Steere House as a Licensed Practical Nurse in August 2018. At some point in April and May 2020, she alleged, she was exposed to COVID-19 on the job. She became ill in and was unable to go to work "for a period of time." During that time, she alleged, she requested FMLA and was fired in late May. She subsequently sued for retaliation in violation of the FMLA.
FFCRA. According to the employee, she was entitled to FMLA benefits under the Families First Coronavirus Response Act (FFCRA), which, observed the court "was enacted to give workers affected by COVID-19 the opportunity to obtain paid leave." While the FFCRA contains two acts providing for relief—the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Act (EFMLEA)—only the EFMLEA, amends the FMLA. The EPSLA does not amend an existing statute, the court pointed out, and its provisions are tied to the FLSA.
EFMLEA. The employee did not claim she had a right to leave under the EFMLEA, said the court, noting that it applies only to employees who are unable to work because they need to take care of a child "whose School or Place of Care has been closed, or whose Child Care Provider is unavailable, for reasons related to COVID-19." Instead, she argued, she was entitled to FMLA leave under the EPSLA, which provides paid leave for workers who contract the COVID-19 virus. However, the court pointed out, because the EPSLA has no connection to the FMLA and the employee did not state any facts suggesting she was qualified for FMLA leave under the EFMLEA, "it is apparent that she did not qualify for FMLA benefits."
FMLA retaliation. Turning to whether she sufficiently stated facts to satisfy the first element of an FMLA retaliation claim—that she availed herself of a protected right under the Act—the court explained that it depends on whether she was eligible for FMLA. Here, the court cited the First Circuit’s 2013 decision in McArdle v. Town of Dracut/Dracut Public Sch., in which the federal appeals courts stated "We are not convinced that an employee who is ineligible for FMLA leave can never bring a retaliation claim." Noting that the employee alleged the decision to terminate her was made in retaliation for having invoked her rights under the FMLA, the court found this sufficient at this stage to show she availed herself of FMLA rights by requesting paid leave under the Act.
Causal connection. As to whether she sufficiently alleged a causal connection between her leave request and her termination, the court pointed out that she stated she was exposed to the virus during April and May 2020 and was terminated on May 22 after asking for paid leave. This was enough, said the court, at this stage of the litigation to support the causality element of her claim. Accordingly, the court denied her employer’s motion to dismiss.
SOURCE: Gomes v. Steere House, (D.R.I.), No. 20-270-JJM-PAS, November 2, 2020.
|
| | |
Update from 11/17/2020 (State of Georgia)
Confirmed Cases 391,466
Confirmed Deaths 8,496
Hospitalizations 33,439 ICU Admissions 6,259 Visit Georgia Department of Health website for more information:
|
| | | | |
Georgia Employers' Association |
|
|
| |
