| Special #87 March 31, 2021 |
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Live Webinar
Leading Your Team in a Virtual Environment
Presented in Conjunction with The Focus Group
Presenter: Pete Tosh
Date: April 13, 2021 Time: 9:30 am – 11:00 am EST
Registration Fee: Members: $89.00 Non-Members: $99.00 *(3% processing charge for credit card payments)
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| HR and Employment Law News |
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3 Tips For Introducing A Flexible Work Environment In A Post-COVID EraBy Daniel Jacobs
After a year that forced most employees out of the office and into remote work, the COVID-19 vaccine is starting to circulate, and that means companies need to create a return-to-work strategy.
This isn’t as easy as a simple all-staff email with a return date. While employees might miss the camaraderie of their work colleagues, they’ve also gotten used to a morning commute that ends in their living room. They’ve also become accustomed to flexible schedules that let them manage pandemic-related changes in their personal life while still hitting their work deadlines.
But employees’ hesitations to return aren’t just about losing out on convenience; there is real fear behind it. A People Management report found that over half of workers were reluctant to return to the office because of fears they’d get the virus, and those that have returned to work weren’t confident in new safety measures.
Even with a vaccine, employees still have COVID-related responsibilities, and it’s not a given that everyone will get vaccinated. Your staff might feel that a full-time return to the office isn’t feasible.
For most, the best solution is to offer employees a hybrid work environment that mixes remote and on-site. This will help productivity remain high while still letting teammates handle personal business.
Check out these three tips below as you begin planning for a smooth transition into a flexible work environment in a post-COVID era..... Read More >>
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| | Constangy.com News and Analysis: The American Rescue Plan and the Families First Coronavirus Response Act (Quick Overview breakdown)
By Sarah Phaff / Atlanta Office
On March 10, Congress passed the American Rescue Plan Act of 2021, and
President Biden signed it into law the next day. There are several provisions
of the American Rescue Plan that relate to employment law. The focus of this
bulletin is its impact on the Families First Coronavirus Response Act.
After December 31, employers were no longer required to provide leave
under the FFCRA. However, the Consolidated Appropriations Act of 2021
extended through March 2021 tax credits for covered employers who voluntarily
provided paid sick leave and expanded family and medical leave to their
employees.
With March 31 fast approaching, employers were wondering what would happen
with the FFCRA. The American Rescue Plan does not make FFCRA leave
mandatory, but it further extends the tax credit for private sector employers with
fewer than 500 employees through September 30, 2021. The American Rescue
Plan also makes some additional revisions to the FFCRA.
For employers who choose to voluntarily offer FFCRA leave, the tax credits are
available for all of the “old” FFCRA-qualifying reasons, and for these additional
reasons:
- The employee is obtaining a COVID-19 vaccination.
- The employee is recovering from any illness, injury, condition, or disability related to receiving the vaccine.
- The employee is seeking or waiting for test results or a medical diagnosis for COVID-19, or the employer has requested the employee to obtain a COVID test or diagnosis.
In addition, effective April 1 and through September 30, employers may voluntarily
offer 10 new days (up to 80 new hours) of paid sick leave to employees, and
will be eligible to receive the tax credit for this as well. The Internal Revenue
Service has not yet updated its FAQs to reflect these changes, apart from an
introductory paragraph and encouragement to check for updates.
The Emergency Family and Medical Leave Expansion Act originally applied
only to absences from work that were related to school closings. The American
Rescue Plan expands the leave to include all qualifying reasons for which an
employee could take paid sick leave under the FFCRA. Additionally, all 12 weeks of EFMLA may be paid, including the first two weeks, which were previously unpaid. The tax credit for qualifying EFMLA leave is calculated at two-thirds of the employee’s regular rate of pay. Essentially, the tax credits for EFMLA leave have been expanded from $10,000 to $12,000 per employee.
The American Rescue Plan prohibits employers from claiming the tax credit if the employer discriminates with respect to leave: (1) in favor of highly compensated employees, (2) in favor of full-time employees, or (3) on the basis of employment tenure.
Next steps
- Employers should decide whether to voluntarily offer the new FFCRA leave provided for under the American Rescue Plan. Again, the tax credits are available to private sector employers with fewer than 500 employees.
- Employers who do decide to offer FFCRA leave should consider implementing policies and administrative procedures to track the leave time taken by employees, assuming they have not already done so.
- Employers should check in regularly for updates from the U.S. Department of Labor and the IRS
If you have any questions about the Families First Coronavirus Response Act or other employment law questions, please contact the Constangy attorney of your choice.
If you have any questions about the Families First Coronavirus Response Act or other employment law questions, please contact GEA at director@georgiaemployers.org or call us at the office number 478.722.8282 ask to speak with Buddy or Chris. (Chris Murphy's email: chris@georgiaemployers.org
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HRDive.com BRIEF -
Bad hires hurt more during pandemic, senior managers say
AUTHOR Ryan Golden @RyanTGolden PUBLISHED March 24, 2021
Dive Brief:
- The negative impact of a bad hiring decision is more severe during the pandemic, according to 64% of senior managers in a recent Robert Half survey.
- Most respondents, 76%, said they had recruited the wrong candidate for a role, leading to time wasted on hiring and training; decreased staff morale and productivity; and increased stress on supervisors. Senior managers in the survey said it took as many as 16 weeks to realize a poor match, let go of the employee and rehire.
- The move to remote work, combined with shifts in the hiring and onboarding process, may leave employers with "more room for error and, unfortunately, a bad hiring decision can have a ripple effect throughout the organization," Paul McDonald, senior executive director at Robert Half, said in a statement. The firm surveyed more than 2,800 senior managers at companies with 20 or more employees in the U.S.... Read More >>
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| | Congress Approves Extension of Paycheck Protection Program
Lisa Nagele-Piazza, J.D., SHRM-SCP
By Lisa Nagele-Piazza, J.D., SHRM-SCP
March 26, 2021
The Paycheck Protection Program (PPP) application period was set to close on March 31, but Congress recently approved a 60-day extension to May 31. The measure will now be sent to President Joe Biden's desk for signature.
The PPP is designed to help struggling businesses with fewer than 500 employees keep workers employed during the COVID-19 crisis by providing loans that are forgivable if certain criteria are met. The program "is providing small businesses with the resources they need to maintain their payroll, hire back employees who may have been laid off, and cover applicable overhead," according to the U.S. Treasury Department.
We've rounded up articles and resources from SHRM Online and other trusted media outlets on the Paycheck Protection Program.... Read More >> |
| | | ¶45,721 DOL wants to delay parts of final tip rule, withdraw and re-propose others — AGENCY REGULATION, By Pamela Wolf, J.D.
Mar. 25, 2021 from GEA HR Answers Now
The Department of Labor has issued a pair of proposed rules under which the effective date of parts of its controversial final rule, "Tip Regulations Under the Fair Labor Standards Act," would be delayed an additional eight months to December 31, 2021. Other parts of the rule would be permitted to go into effect, and still others would be withdrawn and re-proposed.
Delay for further consideration. The final tip rule was published on December 30, 2020, during the last days of the Trump Administration. On February 26, 2021, the Biden-era DOL issued a rule to delay the effective date of the final tip rule until April 30, 2021, to provide additional time to consider issues of law, policy, and fact.
Two parts will go into effect. After conducting a review, the DOL determined that it will allow several portions of the final tip rule implementing the 2018 Consolidated Appropriations Act (CAA) to go into effect, including the following:
A prohibition on employers, including supervisors and managers, keeping tips received by workers, regardless of whether the employer takes a tip credit. This prohibition establishes significant protections for tipped employees; and
The ability of an employer that does not take a tip credit to include non-tipped workers, such as cooks and dishwashers, in nontraditional tip-sharing agreements and, by doing so, boost their earnings.
Withdrawal and re-proposal. The DOL now proposes to withdraw and re-propose two portions of the final tip rule and seeks comments on whether to revise one other portion relating to the statutory amendments to the FLSA made by the CAA. Specifically, the DOL proposes to withdraw and re-propose portions of the final tip rule that narrow the circumstances under which civil money penalties may be assessed for violations. It seeks comments on whether to revise the portion of the rule that addresses "managers or supervisors" to better understand those who also engage in tipped work. The DOL also asking questions about how it might improve the recordkeeping requirements in the final tip rule in a future rulemaking.
Comments. Comments on the proposed withdrawal and re-proposal must be received on or before 60 days after publication in the Federal Register, slated for March 25, 2021.
Effective date delay. The first proposed rulemaking, discussed above, is related to the second proposal, which would further delay the effective date to December 31, 2021, of three portions of final tip rule in order to complete a separate proposed rulemaking involving two of those portions. The eight-month delay would also give the DOL additional time to consider whether to withdraw and re-propose a third portion of the final tip rule on the use of the tip credit when employees perform both tipped and non-tipped work (dual jobs).
Specifically, the amendments to 29 CFR 10.28(b)(2), 531.56(e), 578.1, 578.3, 578.4, 579.1, 579.2, 580.2, 580.3, 580.12, and 580.18, published December 30, 2020, and delayed on February 26, 2021, until April 30, 2021, would be further delayed until December 31, 2021 under the current proposal.
Comments. Comments on the proposed delay must be submitted within 20 days after publication in the Federal Register, scheduled for March 25, 2021.
Source: By Pamela Wolf, J.D.
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| | 2021 Leadership Training Series Virtual Workshops (First of the year) Trainers: Humphries Consulting, Inc.
Virtual (possible move to Face-to-Face when safe) Trainer: Pete Tosh Next Virtual Workshop April , 2021 11:00am - 12:00pm EST
Virtual (possible move to Face-to-Face when safe) Trainer: Pete Tosh Next Virtual Workshop March 30, 2021 11:00am - 12:00pm EST
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Georgia Employers' Association |
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