COVID-19: News and Updates |
| Special #42 - June 4, 2020 |
| Articles and Updates Today
BY ROBIN SHEA ON 06/02/2020
- HRdive Article: How to mitigate 'reboarding' risks as workplaces reopen: Employers can consider a multitude of tactics, sources say, from selecting returnees fairly to communicating transparently AUTHOR Aman Kidwai
PUBLISHED June 3, 2020
- ¶47,026 EEOC will mull wellness program rulemaking on June 11 — AGENCY REGULATION, Jun. 3, 2020
BY ROBIN SHEA ON 06/04/2020
- ¶47,028 Social distancing alert cites common-sense steps employers can take in the workplace — PRACTICE TIPJun. 3, 2020
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| | | Constangy.com Blog: Just in time for summer: More answers about the FFCRA
BY ROBIN SHEA ON 06/02/2020
POSTED IN CORONAVIRUS, FAMILIES FIRST CORONAVIRUS RESPONSE ACT
Read Online>>
The Department of Labor has issued new FAQs.
As most of you know, the U.S. Department of Labor has an ever-growing list of FAQs related to the Families First Coronavirus Response Act. The latest FAQs include guidance related to issues that are likely to dominate Human Resources departments this summer.
The new FAQs start at 89 and run through 93. I'll take them in the DOL's order, using the DOL's numbering. The following is only a paraphrase and summary. You can read the real thing here.
89. Do I have to give FFCRA leave to my yard and household workers?
Yes, if they work for you exclusively (for example, a full-time nanny), in which case they would be your employees. No, if they have other clients besides you, or if they work for a company for which you are the customer -- for example, a lawn maintenance or house cleaning service.
90. We're a temporary agency that has 500 or more employees. If our employees are assigned to companies with fewer than 500 employees, what are the employees' FFCRA rights, if any?
Your company does not have to comply with the FFCRA because you have more than 500 employees. The "client" company may or may not have to comply with respect to your employees. If the client is a "joint employer" with you, then it will have to give your employees FFCRA leave if they qualify. The client could be a joint employer if it has the authority to hire or fire your employees, "supervises and controls [their] schedule or conditions of employment, determines [their] rate and method of pay, and maintains [their] employment records."
Although your company is not covered by the FFCRA, you would be prohibited from retaliating against your employees for taking FFCRA leave while on assignment at client companies that were covered.
91. My employees have been teleworking successfully since we all got sent home in March. Now that it's summer, they want FFCRA leave to cultivate their sun tans -- I mean, take care of their kids. But their kids have been out of school since March, and the employees were able to work! Can I ask what's changed, and maybe deny the leave?
Maybe. You need to "exercise caution" in asking about changed circumstances, "lest it increase the likelihood that any decision denying leave based on that information is a prohibited act." (I am not sure what the DOL is getting at here.) And even though your employees have been teleworking since March and seemed to be doing fine, it's possible that they really haven't done a good job with their dual responsibilities, or that a spouse or other caregiver was available to provide child care in the spring but is no longer available for the summer.
On the other hand, if the employee lies to get paid leave for child care -- for example, the employee actually doesn't have any kids or child care responsibilities -- then you can take action against the employee.
92. What kind of documentation can I request when an employee wants FFCRA leave based on having symptoms of COVID-19 and seeking a medical diagnosis?
You can ask for the symptoms and the date of the doctor's appointment. You can't ask for anything else.
93. My employee's kids' school closed in March, with online instruction only. This Friday would have been the last day of school under normal circumstances. The employee has been teleworking but now wants to start taking "school-closing" FFCRA leave, at least on a part-time basis. I say the employee isn't eligible for FFCRA leave as of Monday because school would have been out anyway. Am I right?
Kind of. You are right that the employee wouldn't be entitled to FFCRA leave for school-closing-related reasons if school would have been out in any event. BUT if the kids' summer child care or other summer program is closed (or a summer caregiver is unavailable) because of COVID-19, then the employee would still be entitled to FFCRA leave for the time that he or she couldn't telework.
Tags: Coronavirus, Department of Labor, Families First Coronavirus Response Act, U.S. Department of Labor
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| | | HRdive Article: How to mitigate 'reboarding' risks as workplaces reopen
Employers can consider a multitude of tactics, sources say, from selecting returnees fairly to communicating transparently.
AUTHOR Aman Kidwai PUBLISHED June 3, 2020
As more states and industries begin reopening, employers are also beginning to rehire employees who were involuntarily separated via pandemic-driven workforce reductions. In this situation, employment experts say employers need to consider a number of tactical, legal and talent factors during this process, which some are referring to as "reboarding."
"The greatest risk is loss of employee engagement — both of returning furloughed employees and employees that remained on the job during the furlough period," John Land, senior principal at Mercer, told HR Dive via email.
Other sources agreed that engagement was the greatest, or one of the greatest, risks and pointed out that there are numerous forms of engagement risk.
"Some employees may be apprehensive about returning to the office for physical health reasons or because they may be struggling with mental health challenges, such as PTSD, anxiety and stress resulting from the crisis," Lori Sargent, vice president of human resources at Randstad Sourceright, told HR Dive in an email. "Furloughed employees may also be more likely to be seeking other work opportunities and may see their return to work as temporary until they are able to find another role at a different organization."
Deciding whom to bring back
Experts say there are three main considerations when selecting the employees to hire back into the organization: current talent needs, employee sentiment and liability for discrimination in the process. Or, as Land puts it, "balancing empathy and economics"
"Employers need to recognize that both furloughed and non-furloughed employees experienced a traumatic event," he explained, "one that was the decision of the employer to do. Even though a furlough is a 'better' option than a lay-off, the furlough was still a stressful event for all involved and likely eroded the trust between employees and the employer."
No matter how the process goes, it is important to document it, experts said. That way each individual rehire is defensible should there be a discrimination claim raised against the company. "Documentation should be in writing and easily understood by an outsider to your business," ThinkHR, an HR compliance software, noted in a whitepaper. "Document why you chose to bring back certain groups of employees before others, as well as why each employee was chosen before others in their job type."
Like any employment decision, rehires are subject to discrimination complaints. If there is a perceived bias around protected traits such as age, gender or race, legal issues could arise, according to an article by three attorneys from law firm Fox Rothschild. Additionally, employers need to be wary of choosing rehires based on past performance issues, especially if those issues were not well documented prior to the decision-making.
"By working now to document the factors used to determine who will be rehired, an employer will protect itself from potential claims asserting that they 'made up' reasons after the fact to cover up a discriminatory basis for failing to rehire an employee," the attorneys wrote. They added that it would be ideal to use the same process as the one used for making furloughs when ultimately rehiring.
Employers also need to consider how their talent needs may have evolved due to the pandemic. If a restaurant is moving to a model more dependent on delivery, or a retail chain is shifting toward e-commerce, that may need to be reflected in the employees that are brought back. Strategic reasons like these may be acceptable as long as they are documented, experts advised.
"Emphasize the importance and value that they bring in returning," Esi Minta-Jacobs, EVP human resources and program management at AssetMark, told HR Dive via email. "Team members should meet with HR and their managers upon return to realign on expectations, discuss any new workplace needs, and ensure they understand all new protocols and processes."
Communicating the decision and process
Letting furloughed employees know they are being offered an opportunity to return starts with a formal letter. Like a normal job offer letter, this note needs to outline a start date and terms of employment such as pay and benefits, but it must also include acknowledgement of changes, large or small, compared to previous employment terms and any new workplace safety procedures, according to guidance from Paycor.
"Rehired employees should be given all of the information about reinstating their health benefits and paid time off, as well as retrained on applicable company policies," Sargent said.
Beyond an official letter and initial information, managers should be quick to check in with rehires.
"The employee's manager should have an initial conversation to check on the well-being of the individual and establish what challenges they are facing and what support they may need. Managers can use this conversation to update the employee on the vision of the company, any changes to the overall team structure, and most importantly, stress that the employee was and continues to be an important contributor to the organization."
There may be other employment compliance matters to consider, as Jonathan Pearce, workforce strategies leader at Deloitte, told HR Dive via email.
"It's typical that employers refresh their hiring paperwork for employees returning from a furlough of six months or more," he said, "so organizations can consider online or mobile completion of these forms, as well as virtual onboarding and training. Employers may also find there are licenses or certifications that have expired, and should plan for those to be completed as well to avoid any gaps or delays in re-entry."
If an organization is rehiring furloughed employees, it would be responsible to communicate with all affected employees even if a worker is not selected for the opportunity to return, many experts said. Particularly if there are waves of returnees, transparency and honesty during this process will ensure that employees are enthusiastic about returning to work and their future prospects.
"If you bring back half your workforce but don't communicate with the other half, they'll hear about it through the grapevine and may start calling, texting and emailing you frantically for more information," wrote ThinkHR in its whitepaper. "It will be best if you have a clear communication strategy and message from the outset and put people's mind at ease about the future."
Finally, to make sure that any concerns of these returning employees can come to light and potentially be addressed, experts are recommending the creation of channels for people to voice these concerns.
"This is a time of high anxiety, and you can't be expected to predict every question a returning employee may have," Brent Colescott, senior director of business strategy and transformation for SumTotal, wrote in a company blog post. "Offer employees an open-door policy to reach out privately with any questions and concerns."
There are a lot of benefits to offering regular updates and encouraging employees to nurture a two-way conversation about progress going forward.
"Frequent, transparent communications should be a priority so that employees understand that their employers are focused on safety, engagement, support and listening to employees," Pearce said.
Returning to a post-pandemic office
Upon employees' return,employers will be expected to maintain a safe work environment. This means setting up safety procedures and precautions across newly-designed offices and making sure employees are aware of any new rules concerning hygiene and disease prevention in the office.
"The safety and well-being of the workforce should be at the center of the decision-making process for all organizations when considering bringing workers back into the workplace," Pearce said. "It is critical to elevate the human experience by emphasizing the organizations purpose, prioritizing health and well-being, and engagement for both employees working virtually and at physical locations."
It may require more formal training than people are used to around these topics, but these precautions can prevent contraction of the coronavirus.
"The onboarding process will be the first test of our recovery — but critical to the rejuvenation of the furloughed employee's journey with your company," Colescott wrote. "The better structured and organized, the faster the recovery can happen."
Technology can also play a role in keeping a cleaner, safety workplace while also helping to manage employees. Online scheduling, resource centers, feedback channels and other "digital HR services" can complement distancing measures and sanitation efforts, according to the workplace communications app Staffbase.
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| | | | | ¶47,026 EEOC will mull wellness program rulemaking on June 11 — AGENCY REGULATION,
Jun. 3, 2020 from GEA's HR answers now
The EEOC will hold a public audio-only meeting on June 11, at which it will consider a notice of proposed rulemaking on wellness programs. The Commission said it will confer by audio only due to the COVID-19 pandemic.
The EEOC’s Agency Rule for Fall 2019 indicated that by the end of January 2020, the Commission had planned to publish notices of proposed rulemaking to address the interactions between Title I of the ADA and GINA with employer-sponsored wellness programs.
Final rules challenged. Final rules addressing these interactions were previously published on May 17, 2016. However, on August 22, 2017, a federal district court in the District of Columbia (AARP v. EEOC) ordered the EEOC to reconsider both rules. After doing so, the agency rescinded portions of both the ADA and GINA wellness regulations.
Public listening. The public may listen to the conference by following the instructions that will be posted on www.eeoc.gov 24 hours prior to the meeting. Closed captioning services will be available. For additional information contact Office of Communications and Legislative Affairs, (202) 663-4191 (voice) or (800) 669-6820 (TTY).
Agenda subject to revision. The Commission also noted that the meeting agenda is subject to revision. A recording and transcript of the Commission meeting will be posted on www.eeoc.gov at a later date.
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| Constangy.com Blog: Nominees for EEOC, NLRB advance to full Senate vote
BY ROBIN SHEA ON 06/04/2020
POSTED IN DISCRIMINATION, LABOR RELATIONS, POLITICS
But no word on when the votes will take place.
The five-member Equal Employment Opportunity Commission currently has two vacancies, with a third on the way as the term of Victoria Lipnic (R) expires. Ms. Lipnic has announced that she will not seek another term.
The five-member National Labor Relations Board currently has two vacancies, and Member Marvin Kaplan's term is set to expire in August.
But most of these vacancies may not be with us for long. Yesterday, the Senate Health, Education, Labor and Pensions Committee voted to send five nominees to the full Senate for confirmation votes. If all are confirmed, the EEOC would have a full slate of members, and the Board would be only one member short.
EEOC
The nominees for the EEOC are Keith Sonderling (R) and Jocelyn Samuels (D) for the two current vacancies, and Andrea Lucas (R) to succeed Ms. Lipnic.
Mr. Sonderling is Deputy Administrator of the Wage and Hour Division of the U.S. Department of Labor. Ms. Lucas is a labor and employment associate with the law firm of Gibson Dunn & Crutcher, LLP, and worked with Secretary of Labor Eugene Scalia when he was a partner with that law firm.
Ms. Samuels is Executive Director of UCLA's Williams Institute, a pro-LGBT rights think tank, who was a member of the Civil Rights Commission during the Obama Administration.
NLRB
The NLRB nominees are current member Marvin Kaplan (R), whose term will expire in August, and Lauren McFerran (D), an Obama appointee who was a Board Member until her term expired in December 2019. President Trump has yet to nominate a candidate for the last NLRB vacancy.
According to the latest news reports, Senate Majority Leader Mitch McConnell (R-Ky.) has said that he does not know when these nominees will be brought to the floor for a vote.
Some Senate Democrats reportedly oppose the Republican nominees, and some Senate Republicans reportedly oppose the Democratic nominees. Now, there's a shock.
Tags: Andrea Lucas, Jocelyn Samuels, Keith Sonderling, Lauren McFerran, Marvin Kaplan, Mitch McConnell, National Labor Relations Board, NLRB, Politics
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| | | | ¶47,028 Social distancing alert cites common-sense steps employers can take in the workplace — PRACTICE TIP
Jun. 3, 2020
from GEA's HR answers now
OSHA has issued an alert detailing steps that employers can follow to implement social distancing in the workplace and to help protect workers from exposure to the coronavirus. The new alert is available for download in English and Spanish.
Social distancing. Social distancing means maintaining at least six feet of distance between people. It is an effective way to help reduce the risk of exposure to the coronavirus. The following steps can help employers implement social distancing in the workplace:
- Encourage workers to stay home if they are sick.
- Isolate any worker who begins to exhibit symptoms until they can either go home or leave to seek medical care.
- Establish flexible worksites (e.g., telecommuting) and flexible work hours (e.g., staggered shifts), if feasible.
- In workplaces where customers are present, mark six-foot distances with floor tape in areas where lines form, use drive-through windows or curbside pickup, and limit the number of customers allowed at one time.
- Stagger breaks and rearrange seating in common break areas to maintain physical distance between workers.
- Move or reposition workstations to create more distance, and install plexiglass partitions.
- Encourage workers to bring any safety and health concerns to the employers’ attention.
Visit OSHA’s Publications webpage for other workplace safety information.
OSHA has also published Guidance on Preparing Workplaces for COVID-19, a document aimed at helping workers and employers learn about ways to protect themselves and their workplaces during the ongoing pandemic. Visit OSHA’s coronavirus webpage frequently for updates. For further information about the coronavirus, please visit the Centers for Disease Control and Prevention.
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| | | Georgia Department of Public Health COVID-19 Daily Status Report For: 06/03/2020 Updated 3pm daily
These data represent confirmed cases of COVID-19 reported to the Georgia Department of Public Health as of 06/03/2020. A confirmed case is defined as a person who has tested positive for 2019 novel coronavirus. (Total tests 574,400)
COVID-19 Confirmed Cases: Total 48,894 Hospitalized 8,419 Deaths 2,123 |
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Georgia Employers' Association |
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