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2021 Employment Laws People Person Inc.

2021 Employment Laws

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With every new year comes new employment laws. State legislatures and local jurisdictions signed laws in 2020 that took effect on January 1, 2021. The range of employment laws covers everything from pay to harassment to, of course, the hot topic everyone is wanting to know about, the current Coronavirus pandemic.

For your convenience, we have compiled a list of some of the new laws applicable to the workplace, and have summarized them below by state.

Nationwide

Across the US, twenty-one different states are increasing their minimum wage effective January 1, 2021, and several states are set to increase mid-year as well.  Local jurisdictions such as Denver, Seattle, New York City, and Albuquerque are also increasing their city-specific minimum wages at the beginning of the year, with cities like Los Angeles and Santa Monica to follow with mid-year increases in July.

Employers should be sure to check with their state or local jurisdiction and adjust their payroll as necessary. Keep in mind that increasing the state minimum wage may also affect the salary threshold for exempt employees. For example, in California, exempt employees must be paid 2x the state minimum wage.

California

Leaves of Absence

SB-1383: EXPANSION OF THE CALIFORNIA FAMILY RIGHTS ACT

The California Family Rights Act (CFRA), which provides family care and medical leave, had previously applied to businesses that employed 50 or more employees within 75 miles of a work location. The expanded CFRA now applies to all California employers of 5 or more without the previous distance limitation. The CFRA has also expanded the definition of “family members” and removed the age limit for qualifying children.

AB-2017: KIN CARE LEAVE

Currently, California law allows employees to take up to half of their sick time to care for a sick family member. This new law clarifies that solely employees have the right to designate any sick time taken to care for a family member as kin care, not the employers.

AB-2399: EXPANSION OF PAID FAMILY LEAVE FOR MILITARY NEEDS

This law expands the definition of “military member” to include a child, spouse, domestic partner, or parent of the employee, for the purposes of care and for time off to be with a family member being deployed for or on leave from active duty.

AB-2992: EXPANDED PROTECTIONS FOR CRIME VICTIMS

This law expands the definition of a crime to include public offenses that caused physical or mental injury, even if no person was arrested for the crime. Additionally, time off work due to one of these situations can include counseling and mental health services or safety/prevention planning related to the offense. It further expands the prohibition of discrimination of victims of crime or abuse beyond existing time off for court proceedings.

Harrassment & Diversity

SB-778: SEXUAL HARASSMENT TRAINING

Ongoing sexual harassment training is now required for all employers of 5 or more. For regular employees, training must be completed within 6 months of hire, or within 6 months of promotion to a supervisory position. Temporary and seasonal employees must be trained within 30 days or 100 hours worked, whichever comes first. Non-supervisors will take a 1-hour training, and supervisors will take a 2-hour training. All training is valid for two (2) years.

AB-979: DIVERSITY OF BOARD MEMBERS

A Board of Directors for a publicly traded company headquartered in or with principal executive offices in California must have at least 1 Director from an underrepresented community by the end of 2021. By the end of 2022, that number is increased to 2 or 3 depending on the size of the board. The law lists out those underrepresented communities a person may self-identify as in order to qualify.

Reporting

AB-685: COVID-19 REPORTING

This new law outlines steps that need to be taken once an employer receives a report of a confirmed or possible exposure to COVID-19. It includes a notice to be given within one business day to eligible employees regarding the potential exposure and cleaning plans. It also requires reporting to local health agencies when 3 or more cases are present in a 14-day period. This law goes even further by establishing Cal/OSHA’s authority to shut down the operations of a business that it deems actively hazardous to employees. Many of the provisions of this new law are covered in the 2020 Cal/OSHA Emergency Standard that is already in effect. The law expires January 1, 2023.

AB-1963: MANDATED REPORTER & TRAINING EXPANSION

For employers of 5 or more who employ minors, human resources employees and frontline supervisors who supervise minors are now mandated reporters. Frontline supervisors would only be mandated to report sexual abuse whereas human resource employees would be mandated to report any type of abuse or neglect. Employers will need to provide their employees who are mandated reporters with training on identification and reporting of child abuse and neglect.

SB-973: PAY DATA REPORTING

All companies that are required to file an annual Employer Information Report under federal law (EEO-1) will also need to submit a pay data report to the Department of Fair Employment and Housing (DFEH) that contains specified wage information. The report must be submitted by March 31, 2021, and annually thereafter.

Legal Matters

AB-2143: NO-REHIRE PROVISIONS EXCEPTIONS

This law allows the inclusion of no-rehire provisions in settlement agreements under certain circumstances, i.e., if the employee who filed the complaint was found to have been engaged in sexual harassment or criminal activity by the employer prior to the employee filing the complaint.

AB-1947: STATUTE OF LIMITATIONS FOR LABOR COMMISSIONER COMPLAINTS

The law extends the current statute of limitations for discrimination and retaliation complaints filed for any law under the jurisdiction of the Labor Commissioner from 6 months to 1 year after a violation. The new law also allows for the courts to award reasonable attorney’s fees to prevailing employees.

Healthcare Industry

AB-2644: SKILLED NURSING FACILITIES STAFFING AND REPORTING

This law requires every skilled nursing facility to have a dedicated, full-time Infection Prevention (IP) staff member position filled by an RN or LVN. The law also requires skilled nursing facilities to annually train their healthcare personnel in infection prevention control and report communicable disease data in the event of a declared communicable disease emergency.

AB-2537: PPE SUPPLY LEVELS AND TRAINING MANDATES IN ACUTE CARE FACILITIES

Taking effect April 1, 2021, the law requires acute care hospitals provide PPE to all employees who provide direct patient care and makes employers responsible for ensuring the use of proper PPE by all employees. The law also sets a minimum on-hand supply threshold of a three-month PPE supply and gives Cal/OSHA the authority to request proof of stockpile inventory with potential civil penalties of up to $25,000.

Nevada

SB-119: SAFETY TRAINING FOR TRADE SHOWS AND CONVENTIONS

This law requires health and safety training for workers and supervisors performing certain work at sites where exhibitions, conventions, or trade shows occur. Workers must obtain certification through an extended OSHA safety course, with certifications being valid for five (5) years, at which time the certification must be renewed.

New York

PAID LEAVE EXPANSIONS:

As of September 30, 2020, New York State requires that employers provide sick leave hours for their employees, which became available for employee use on January 1, 2021. Depending on employer size and income, the sick leave can be either paid or unpaid. Sick leave may be front-loaded or accrued at a rate of 1 hour for every 30 hours worked, with any unused sick leave carried over to the following year.

In order to comply with the state sick leave law, New York City amended its Earned Safe and Sick Time Act (ESSTA). Along with other requirements, the new law eliminates the 120-day employee waiting period and the 80 working hours requirement to use the sick leave.

New York Paid Family Leave (NYPFL) is increasing job-protected, paid time off from 10 weeks to 12 weeks, and employees on NYPFL will now receive 67% of their average weekly wage instead of the current 60%.

TIPPED EMPLOYEES:

New York State has eliminated the tip credit for tipped employees covered under the New York State DOL for Miscellaneous Industries and Occupations (which does not include restaurant and other hospitality workers). Those workers must now be paid the full state minimum wage without consideration of the tips they receive.

Portland, Oregon

The City of Portland enacted an ordinance banning the use of facial recognition technologies used by government and private entities, effective January 1, 2021.

We’re Here to Help!

It can be tricky to navigate all the new employment laws implemented each new year. This article includes a brief overview of 2021 laws, but employers should be sure to review each new law applicable to their business and workers in detail to ensure compliance. If you have any questions or need assistance with HR compliance, don’t hesitate to contact your friendly People Person team!

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Worksite Planning Amid 2020’s Pandemic

Worksite Planning Amid 2020’s Pandemic

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The pandemic that many people thought would only last a couple of months has made its way to the end of the year. Many businesses have become acquainted with a remote work culture, but others are delving back into their on-site business. Essential businesses, for example, have kept their worksites open all year.

You may know that if your worksite is open, you are required to have a written ‘Covid-19 Worksite Preparedness Plan’ in place. If you don’t already have one, here are some things you can consider to get you started. However, be sure to check your state and local regulations first on whether or not your business and/or office is allowed to reopen.

1. What are the daily safety protocols a business should instill and follow?

Per CDC’s guidance, it is best to start by inspecting the workplace for potential exposures to employees, such as evaluating work areas to ensure social distancing, and ensure that the proper personal protective equipment (PPE) is being used. Providing training to employees on how to use all PPE is the best method in creating clear expectations of safety protocol. Ensuring that employees are also cleaning their work areas at the beginning and end of their shifts is also a necessary practice.

When reopening your business, it is best practice to bring in essential employees first and slowly adjust to bringing back certain positions, if completely necessary. For example, most administration roles could remain working remotely, while production floor employees come in and readjust to their roles.

Furthermore, employers can adopt the practice of conducting daily health-checks, whether they be in-person or virtually. Throughout this daily process, employers should not forget to practice confidentiality concerning all medical matters.

2. What do we do if an employee reports to work showing symptoms or tests positive for Covid-19?

If an employee reports to work showing symptoms, the employee should be separated from other employees and should return home until they are no longer feeling symptomatic. In this case, employers do not need to require that employees return Covid-19 testing results. Keep in mind that if you do require the employee to submit a Covid-19 test result as a condition of returning to work, you must pay for the test as well as the time the employee spent getting tested.

On the other hand, if an employee does test positive for Covid-19, the employer should close off the employee’s work area and wait a 24-hour time period before disinfecting the area. Employees should remain in isolation for 14 days, whether they are still showing symptoms or not. Lastly, employers should notify other employees of an exposure in the facility, while still maintaining confidentiality.

3. What are the sick leave laws we must abide by?

Families First Coronavirus Response Act (FFCRA) covers all employees by providing two weeks (80 hours) to those affected by the quarantine and are unable to work, or are actively experiencing Covid-19 symptoms. Employees are also covered under such benefits if they are unable to work due to caring for a child whose school or daycare is closed or unavailable.

Employees that have been employed for more than 30 days are further entitled to up to ten (10) weeks of paid expanded family and medical leave to continue caring for a child that is unable to attend school or daycare because it is closed or unavailable.

Note that FFCRA is a federal law, and you should check with your HR Consultant or employment attorney for any state-specific guidelines.

4. What are the proper steps to take once an employee returns to work, after recovering from Covid-19?

A previously infected employee should report to work only after following the 14-day isolation period. Upon an employee’s return, proper safety protocol should continue to be followed. This includes using the appropriate PPE and maintaining a clean work environment.

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We're All Remote. Now What

We’re All Remote. Now What?

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As COVID-19 continues to affect companies world-wide, working remotely has gained momentum among many businesses. While there are still many factors to consider, a shift toward a remote workforce may be a wise choice for many companies.

To begin, let’s establish what a remote business is-

A remote business is a business that has their employees working from an environment away from a traditional company office. This includes working from home, a rented workspace, or even a coffee shop. While we are currently all working from home due to the pandemic, once businesses begin opening up again, we may see an increase in people working from a community coffee shop or a shared work space.

This poses the question- can businesses continue to thrive through a remote culture after the pandemic?

Cost of a Remote Workforce

Creating a remote business can offer cost-effective remedies for a business altogether. Growing a business in a traditional work environment typically necessitates expenses such as office leases, office supplies, technology devices, break-room supplies and janitorial services. This can amount to over $5,000/month in office space leasing alone, before adding in all the other miscellaneous costs. Remote businesses can eliminate most of those expenses by having employees use their own home offices and devices.

While cost-saving efforts favor a remote workforce, there are outlier expenses to keep in mind. Although employees have the leeway to work from home, certain states, such as New York, impose taxes on remote employees, which could present itself as a challenge when administering payroll and tax forms.

Despite the obvious cost savings of a remote business, employers remain accountable for upholding federal, state, and local requirements. Employers are responsible for providing essential resources for employees to perform their jobs. This includes necessary office supplies and hardware or software an employee may need. If an employer were to require an engineer, for example, to deliver a project using a specific software, it would be the responsibility of the employer to provide the software, as they would in a traditional office environment.

An allowance policy for employees using personal electronic devices should also be explored to provide employees the resources they require, as well as to contribute to an increase in employee satisfaction. In fact, California and other states require employers to provide a personal device allowance or reimbursement to employees using their mobile and personal devices for business use. When deciding whether a remote workforce is right for you, keep in mind the smaller costs of doing business, as they may not be as obvious. 

Managing Time and Attendance

Although employees are not reporting for work in the traditional sense, employers must still continue to comply with federal and state regulations, such as the Fair Labor Standards Act (FLSA). Under the FLSA, employees are entitled to fair wages and working conditions. Under certain state laws, employees are still expected to be given proper meal and rest breaks and receive correct pay for overtime hours worked, if eligible.

Giving employees the autonomy to create their schedules may be convenient for employers that have a majority of exempt employees or project-based jobs. Skewing away from a traditional 9-5 routine can also help in creating more flexibility and in turn, a better work-life balance. However, this can become an issue for employers with non-exempt employees. Businesses in this dilemma can explore a time-tracking software as an option. This software can not only track what employees are doing while online, but it can also help streamline time and attendance tracking instead of using traditional spreadsheets or emails. It is important to make sure correct hours are tracked for qualifying employees, even during a remote set-up.

Technology as a Means of Communication

Communicating with employees also remains a critical factor in a remote business. Employees want to feel as though they can still access their supervisor when needed, or other team members in an efficient and productive way. Luckily, there are an abundance of software and programs out there to make it so everyone is just a quick video call or instant message away. Providing employees with a means of communication helps the team feel connected, even from miles apart.

Also, as the employer, you still have the responsibility to ensure important policies are accessible to employees as easily as they would be in a traditional office. This includes providing a common space for employees to access employer-required labor law notices and company policies. In this case, businesses should explore online company portals for employees to access policies, procedures, notices, important contacts, and submit inquiries.

In the current age of technology, remote businesses must take precautions to protect their company data. Telecommuting policies can be helpful to businesses in order to establish consistent rules and expectations of employees regarding security and privacy. All businesses must retain sensitive employee documents, whether that be I-9 verification documentation and payroll data or company trade secrets. With more and more cases of data breaches, even among large corporations, data security is a priority for remote work forces.

To avoid opening up your business to a data breach, there are methods to consider that would increase data security. One method to increase security for a remote business is to create a VPN – Virtual Private Network, where only employees and authorized personnel can have access to company information. Consulting with an IT expert would be ideal when launching a remote business, as they would have a better understanding of where the potential gaps in security lie.  

Work Culture

Flexibility remains an advantage in launching a remote business and is becoming more prevalent today as businesses are creating a positive work-life balance, which in turn, increases employee satisfaction.

While creating an engaging workforce is ideal in any business, remote businesses may have the challenge of engaging employees virtually, as opposed to in-person social interactions. Employers must come up with creative ways to promote team building and create an environment where employees are not succumbing to common cases of loneliness. Existing remote businesses have been known to create team-building events such as virtual mysteries (similar to escape rooms), where employees must work together to crack codes to solve a mystery. Allowing time for employees to interact establishes a fundamental sense of comfort and confidence for relationships to be built.  

Another factor to consider in creating a thriving workforce is the chance of employees becoming overworked. If an employee does not have a set schedule or feels they never really “leave the office,” it can become more challenging to separate work time from the home environment. Though there is generally flexibility with a remote workforce, it would benefit an employer to create a culture where employees are not feeling overworked and still have a healthy balance between work and personal life.

So, is a Remote Business For Your Business?

Although we are in an unprecedented time, many remote businesses are continuing to grow under the conditions of a world-wide pandemic. By offering cost-saving benefits and a flexible work culture, a remote workforce can be ideal for many businesses. Once a business can consider factors such as data security, employee engagement, and most importantly, complying with laws and regulations, a solid foundation for a remote business can be developed. Your business and employees could benefit in continuing remote operations long after our world opens up again.

Are you thinking of transitioning to a fully remote business?

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COVID19 Waiver Image

Can My Employees Sign A COVID-19 Waiver?

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As we have all learned, businesses are opening up again, and we know that you are doing your best to keep company doors open while keeping employees and customers healthy.

Some businesses may be wondering if there is a COVID-19 waiver or acknowledgement that employees can sign before returning to the workplace which reduces or eliminates your liability as an employer.

What is a Waiver or Release of Liability?

In simplest terms, a waiver is a document in which an individual “waives” or renounces certain rights or claims. In this instance, a COVID-19 waiver would require an employee to release their employer of any liability arising from a claim which suggests that they may have contracted COVID-19 or a related illness in the workplace. By signing such a document, the goal is for employees to indemnify and hold harmless their employer for any liability in connection with their contracting the virus while at work. This waiver would have the employee take on the assumption of risk and, as such, agree to not sue or seek out compensation from their employer for damages.

Ramifications for Such a Waiver

Requiring employees to sign a COVID-19 waiver is problematic for a few reasons. First, the Workers’ Compensation system is typically the only way employees can recover damages for injuries and illnesses contracted while in the workplace. Employers are not permitted to have employees waive their rights to file claims in these instances. Furthermore, while it may be difficult to prove that the employee contracted COVID-19 while in the workplace, many states, including California, have enacted laws stating that aside from certain proof that the illness was contracted elsewhere, an employee is presumed to have contracted the virus during the course of their work and will most likely be eligible for a Workers’ Compensation claim.

Additionally, by having employees sign a waiver, employers may be viewed as attempting to circumvent or avoid their statutory obligation to follow the Occupational Safety and Health Act (OSHA) and provide employees with “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Having employees sign a COVID-19 waiver is essentially requiring the employee assume the risk of an unsafe workplace, violating the above obligation for employers.

The waiver also does not protect employers from having to implement increased precautions regarding employee health and safety. Employers will still have to make a good-faith effort to show they have procedures and policies in place to mitigate risk, in accordance with the regulations and guidance released in their jurisdiction. If they do not, they open themselves up to an OSHA investigation.

Finally, even if these waivers become enforceable, having employees sign a COVID-19 waiver can significantly affect employee morale, as well as your company’s reputation. Employees who are already hesitant about returning to the workplace will become more so, likely concerned that their employer isn’t doing their part to protect them, or, at the very least, isn’t confident in their plan to minimize risk.

Alternative to a Waiver

So, what can employers do to reduce liability and keep employees safe?

The first thing you should do is comply with CDC and OSHA regulations, as well as state and local guidance. Ensure you have social distancing policies and enhanced cleaning protocols in place. Do not allow employees or visitors into your building should they have symptoms, have been in contact with someone with symptoms, or have tested positive for COVID-19. Clearly communicate these policies to employees before they return to the workplace.

Make sure employees understand the role they play in keeping their workplace safe. It’s a joint effort between employers implementing policies and employees following those policies.

Employers can also have employees sign an acknowledgement stating they have received, read and agree to adhere to the company’s policies and practices for mitigating the spread of COVID-19. This acknowledgement can include language stating that employees will be disciplined for not adhering to the workplace policies, while considering any disabilities or accommodations necessary.  It can also have employees acknowledge that there is a risk, but that the employer values their safety and has implemented these policies to protect the employee. These strategies will show that the employer took action in good faith to reduce the possibility of employees contracting the virus while at work.

In Summary

As the economy begins to open up again, there is an increased risk of introducing COVID-19 into the workplace, even when an employer takes all the proper precautions. With that said, we at People Person do not believe that a COVID-19 waiver is an effective way of releasing employer liability. Not only is it highly unlikely that the document would be enforceable, but it can also have other unintended legal consequences.

As such, we recommend that businesses follow the guidelines and do everything they can to provide a safe workplace for their employees. As always, we are here to help you get there.

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Supporting Black Employees Graphic

How To Support Your Black Employees (and the employees who love them) During These Times of Uncertainty

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By now, we all know that the senseless killing of George Floyd, Breonna Taylor, Ahmaud Arbery, and countless other Black men and women has left the nation angry and reeling. Protests have taken the world by storm, as people ignore a global pandemic to stand up against police brutality and racism.

The truth is, the feelings of anger and frustration we are all feeling is nothing new for the Black community. They’ve struggled with the inherited and institutionalized racism that allows for these unjust acts to continue occurring, and now more than ever, their pain is on display.

We at People Person want you to know that your employees are paying attention to how you handle current events. Employers and Managers have an important role in opening up their workplace to acknowledge what is happening, and to create a space for employees to feel as though they are heard and valued.

The first step is to educate yourself on the experiences of Black individuals and the Black community as a whole. Speak to your team about what is going on locally and around the world and how they are coping. Look for areas of improvement where you can make decisions for your team and company that are more inclusive. It may be difficult or uncomfortable to start, but it’s an important step in the right direction.

Educate Yourself

If you are not Black, you can’t know what it is like to walk in their shoes daily. With that said, there is nothing preventing you from learning. Don’t wait for the minorities in your life to tell you why they are frustrated and what their experience is. Look up resources online. Read books. There has already been so much work done by the Black community in this area to educate others on their frustrations and experiences, especially on how non-Blacks can become allies. Take it upon yourself to understand what the Black community has been going through and how the color of their skin affects their everyday life. They already have so much going on without also needing to educate their non-Black counterparts during this time.

Speak With Your Team

This is probably the smallest action you can take that will have a lasting impact. It’s important for employers and managers to acknowledge what is happening and be specific about the racism in our world. Most people feel uncomfortable talking about race in the workplace. Put an end to that. Bring up the protests and the racism and violence against the Black community that led to this.  Be honest in your talks and what you’re feeling. You don’t have to know all the right words or how to make things better; just express yourself. Let your team know you’re open to having these conversations, but don’t expect them to open up right away or at all. We aren’t used to discussing race and racism at work. It takes us out of our comfort zone and makes us look inward. Recognize the difficulty of the subject matter and let your team know you’re there if they ever want to talk. By acknowledging what is happening and how this is affecting you, you open the door for others to express themselves, no matter what race they are.

During your one-on-ones with employees, ask them how they are really doing. Look past the “I’m okay” and the “Not bad” and dig deeper. You can let them know if you’re not okay, and open up that deeper channel of communication by expressing your vulnerability. But remember, your purpose is to help employees feel heard and supported.

Your Black employees are tired and scared and preoccupied about what is happening in their community, yet are likely still expected to leave that at the door for 40 hours a week in the name of “professionalism.” This is not sustainable for anyone. Offer individualized support, ask Black employees how you can help them during this time. Maybe that looks like providing some time off, or removing some tasks and temporarily shifting deadlines. Remember that your employees are humans first, and it would be wrong to think that they are unaffected by what is happening around them (and possibly to them).

Create An Intentionally Inclusive Team

African Americans are tragically underrepresented in the professional workforce. According to the Harvard Business Review, Black men and women make up less than 8% of white-collar jobs. It’s time for companies to make it a point to diversify their workplaces. According to Spark Mindset, companies with a diversified workforce have “employee turnover diminished by up to 20% and employee productivity increased by as much as 21%.”

We often hear clients say, “I want to hire a diverse team, but I don’t have enough minorities applying for the positions.” This may be true, but it also means that you may need to rethink your recruiting strategy. Encourage referrals from current minority employees. A strong employee referral program is a great way to recruit top talent. However, if your current employee demographic is mainly Caucasian, this won’t solve the problem. You will need to get creative in your recruiting efforts. Here are some suggestions:

  • Reach out to The National Urban League – an organization with multiple locations across the U.S. that is dedicated to empowering those in underserved communities.
  • Post the job on diversityworking.com – the largest diversity job board.
  • Visit a local college campus in a predominately Black community, or visit the Black fraternities and chapters at your local university.
  • Attend career fairs in diverse communities.
  • Double check the job posting. Is it worded in a way that would encourage African Americans and other minorities to apply?

For your existing team, your company may want to invest in Diversity, Equity, and Inclusivity Training. Hiring an outside company could be especially helpful if your leadership and executive team is not racially diverse. It’s difficult to make changes when the viewpoint you are trying to include and attract is missing from the equation at the start. Please feel free to reach out to us at People Person, and we would be happy to connect with you with a Diversity & Inclusion specialist.

Individual Managers should also see how they can make changes within their own teams. Consider the decisions you make on a day to day basis. How do you choose to delegate work or make the decisions on who gets tasked with a certain project? Perhaps you can look for resources within your community that provide networking opportunities for Black employees, or host a support group at your place of business for dealing with racial trauma. Bring in outside resources that have the skills and experiences you lack to address the hurt within the Black community. You don’t have to do this alone, and if you aren’t Black, you probably shouldn’t.

Don’t expect your Black employees to speak up first and share their experiences. Don’t ask them to lead the conversation and contribute to creating a more inclusive, open environment. They didn’t create these issues and they shouldn’t be asked to fix them. It’s up to the managers and leaders in your workplace to put in the time and effort it’s going to take to create the change.

It’s not enough to “not be racist” anymore. We must be aggressively anti-racist. We must start with our businesses and our employees, and ensure that they know we are advocates for change and improvement. We at People Person are eternally grateful to be working with gracious and compassionate entrepreneurs who truly care about the well-being of their employees, and we hope that the information provided will assist you in your efforts.

 

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Re-Opening Graphic

Re-Opening Your Business In The Age of Covid-19

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On April 16th, President Donald Trump, with the input of public health experts, announced guidelines for “Opening Up America Again,” a non-binding, three-phased approach to end the country’s various stay-at-home orders. At the outset, the plan lays out set criteria that governors and local officials should satisfy before opening up their state or municipality. Many state and local officials have already been taking steps to allow businesses and public access areas to reopen, while following best practices to continue minimizing the spread of Covid-19. So, what does this mean for your business? Are you prepared with an action plan to reopen while keeping your employees safe and healthy?

Best Practices for Keeping Everyone Healthy

Of course, the number one priority when considering how to resume business operations is the health and safety of your workforce. The CDC has released a guideline for employers outlining best practices for reopening. Recommended actions include creating a cleaning and disinfecting plan or intensifying the current plan, promoting healthy hygiene practices, and implementing safeguards for ongoing monitoring of employees. In following the guidelines provided by health officials, businesses and employees will greatly reduce their chances of catching or spreading the coronavirus upon resuming operations.

The Cleaning and Disinfecting Plan

Before welcoming your staff back with open arms, you should create and implement a stringent cleaning and disinfecting plan for your facility. The plan should cover, WHAT, HOW, and WHO. What needs to be cleaned? How are we going to clean? Who is going to be cleaning? Answering these questions while drafting the cleaning routine will help ensure you have a detailed plan ready to combat Covid-19 in your workplace.

What needs to be cleaned? Look around your workspace and facility. Make a note of the areas which are frequently used and highly trafficked. Entrances, lobbies, restrooms, and breakrooms are typically the most traveled areas in any office and will require the most time spent in cleaning and disinfecting. The CDC advises that areas unoccupied for 7 or more days should be routinely cleaned. This means that the focus of your cleaning and disinfecting plan should be on those areas that are occupied within the previous 7 days, as well as surfaces that are frequently touched. You should also maintain your current cleaning procedures for outdoor areas, given that sunlight and warmer temperatures may be deadlier on the virus.

How are we to clean and disinfect these areas and items? Now that you know the areas to focus on, how to clean those areas depends on the surfaces within. According to the CDC, non-porous, hard surfaces can be disinfected with most common EPA-registered household disinfectants. For fabrics and other materials, check the care label and follow manufacturer cleaning instructions.

Along with the cleansers and disinfectants, it’s important to provide the cleaning staff with the items they will need to tackle the situation. Be sure to stock up on cleaning solutions, labeled spray bottles, wipes, paper towels, rags, and any other supplies needed. Employers should provide their cleaning staff with Personal Protective Equipment (PPE), both to safeguard them from potential infection and against the harsh cleaning agents. Be sure to read the labels of the solutions and disinfectants to ensure the PPE is appropriate for the product being used. You may need to take it a step further and provide training on how to use the cleaning supplies and PPE. Always be sure to follow OSHA guidelines for any cleaning supplies you provide.  

The cleaning plan is coming together nicely. Time for the final step.

Who is going to be cleaning? Depending on your business, this might be the hardest part of the plan to map out. If you already have a dedicated cleaning and maintenance team, perfect! You can move on to how to prepare them to implement the plan. But if you’re like many businesses, you may not have thought of this. If that’s the case, you’ll want to consider the pros and cons of hiring an outside company, hiring part-time cleaning staff, or rearranging roles within the company. What you choose will depend on your individual business model and current company situation.

Your cleaning plan is complete and it’s time to start implementing. As employees begin coming back to the office and you see areas of frequent use or maybe parts of the plan that need tweaking, revise the plan as necessary. Some areas might need more frequent cleaning, or maybe a new disinfectant is necessary due to product availability.  Keep an eye out for how your cleaning practices are working or not working, and make changes as needed.

Promoting Healthy Hygiene Practices

Before opening your doors again, you will want to consider the protocols to implement among the staff to keep contact and the spread of germs to a minimum. Aside from the cleaning plan, think about ways to continue to encourage social distancing. Can workspaces be rearranged to provide for a minimum of 6-feet of distance between individuals? Is teleworking still feasible for some to allow for fewer individuals in the facility at once? Might there be a way to arrange the return to work in shifts or phases? It might be helpful to choose to close off certain areas where employees congregate. Employees can be encouraged to use video conferencing for any meetings, thus allowing you to close the meeting rooms. Indoor breakrooms could have their seating removed and employees encouraged to take their breaks outside. This can also cut back on the time spent cleaning each of these areas.

It’s also helpful to keep in mind any employees who have recently traveled. A two-week quarantine period where the employee remains at home upon return could go a long way in preventing any possible transmission. Similarly, if you usually allow clients or visitors from out of the country, out of the state, or even just from a different county, what policies can be put in place to minimize risk?

When employees begin to return, distribute information on why they are seeing all these changes around the office. Encourage them to come up with ideas on how they think their workspace can become more “distance friendly.” Remind them to follow proper hygiene by coughing and sneezing into their elbows or tissues, wash their hands frequently, and avoid coming to work if they are having symptoms. Explaining why these policies are in place can have the positive impact of getting everyone on board and becoming more diligent about their health and wellness, as well as those around them.

Implementing Ongoing Safeguards

Ongoing safeguards for monitoring employees’ health are recommended as a defense against allowing the virus to take hold in your workplace. The White House recommends developing policies for lawfully checking employees’ temperatures, disallowing employees or vendors to enter the building if they are exhibiting symptoms until cleared by a health provider, and what to do if an employee does test positive for Covid-19. But because around 25% of Covid-19 positive cases show no symptoms, according to the World Health Organization, the screening is not a sure-fire way to prevent illnesses among your workforce. This screening needs to go hand in hand with other policies and procedures to be most effective.

When creating and implementing these policies, it’s important to keep in mind any local or state laws governing employee privacy and protections.

Opening Your Doors

Congratulations! Now your business can invite employees back in. Naturally, some will be anxious about integrating back into the public world. Depending on how widespread the disease was in your community, employees can be downright frightened to return. By coming up with a written down plan on cleaning and disinfecting, practicing proper hygiene, and implementing ongoing safety checks, you can help alleviate some of these fears.

Make sure employees are informed of the steps your business is taking to protect their well-being and that of the community. Take their fears and hesitation into consideration when creating and updating the policies. Employee concerns should always be taken seriously and investigated, and there should never be fear of retaliation for any concerns brought forward. Employee safety and well-being is the number one goal in all of these plans and policies.

By taking some time to think about the different facets of ensuring employee and community safety, you have already begun to take positive steps forward in returning your community and business to normal operation.

As always, please feel free to contact People Person if you need guidance on any of the plan steps above. We can help you understand any relevant laws and regulations for your jurisdiction, and assist in implementing a plan that works for you.

 

 

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Unlimited Paid Time Off (PTO): Is It A Good Idea?

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It seems too good to be true: When you need to, just take time off, as much as you need.

The concept of unlimited paid time off, in which employees are able to take “unlimited” days off and the company is not required to track accrued time off, is an intriguing one. But is it the right idea for your company?

Let’s Not Call It “Unlimited”

Just the name, unlimited PTO, can strike fear in the hearts of business owners. It conjures up images of empty offices and work areas while employees are laying out on beaches for weeks at a time, sipping fruity drinks and taking full advantage of the “unlimited” policy. Here at People Person, we prefer the term “Flexible PTO.” This provides employees with a PTO policy in which they are able to take time off at their discretion, as long as the work is being accomplished and time away does not disrupt company operations. With a flexible PTO policy, you, as the employer, can still set boundaries and parameters as necessary.

The Pros of a Flexible PTO Policy

In terms of a workplace benefit, it’s hard to argue with flexible PTO. It’s a perk that encourages better work-life balance for employees, which in turn should improve overall productivity. According to the Harvard Business School, overstressed employees can quickly become burned-out employees, and the psychological and physical results of that cost American businesses more than $125 billion a year.

Without the traditional qualifications for vacation time, personal time, and sick time, employees can simply take time off, whether it’s for a vacation, to spend a day with an aging parent, or any other reason, because the reason no longer matters. This type of policy also eliminates the problem of trying to anticipate and allocate time off on a year-long basis, so employees never find themselves with unused days at the end of the year.

Moreover, depending on their role in the company as well as job responsibilities, there’s a good chance that some of your employees do work when they’re not actually at work.  According to a 2018 survey by Wrike, about a third of American workers actually work on their vacations, making this time less about a day off of work and more about a day physically away from the workplace.

From an administrative standpoint, implementing flexible PTO eliminates the need to formally track time off. Depending on your state, it can also eliminate the financial burden of having to pay out accrued PTO at the time of termination.

The Cons of a Flexible PTO Policy

While a flexible PTO policy seems great on the surface, some employers still attach a stigma to employees who take “excessive” time off. This can also create interpersonal issues between coworkers, when one is taking more time off than another. A recent study by Namely showed that employees of companies with flexible PTO policies take an average of 13 days off per year, two fewer than those employees with traditional PTO policies.

A policy which provides flexible PTO generally pays an employee when they are off work, as long as the absence is approved. This can create conflict in situations when an employee is taking Family Medical Leave (FMLA), for example. FMLA is a job protected leave, and if an employee is eligible, they can take up to 12 weeks off. Generally speaking, FMLA is unpaid. However, with a flexible PTO policy, the employer would likely need to pay the employee for this time off, considering that FMLA is “approved” time off.

Additionally, switching to a structure of flexible PTO removes a standard reward for employment longevity. Traditional benefit structures reward employees with longer tenures by increasing PTO over time. It also allows some employees to earn additional “wages” through accrued PTO, which may then be paid out upon termination.

Rethinking this structure requires organizations to find other ways to reward longevity, which may not be fiscally or organizationally feasible.

The Bottom Line

So, can a flexible PTO policy work for your company? It depends. It’s certainly an advantage in recruiting and retaining top employees in a competitive job market, but it is also not the right choice for everyone.

Flexible PTO has been successfully implemented in a variety of big-name organizations, from General Electric to Dropbox. Numerous studies show that there are certain key elements that can contribute to a successful flexible PTO policy.

Organizations that switch to flexible PTO need to have a culture of trust in place, clear parameters and expectations, open communication, and a goal-oriented working environment. They should also take care to ensure their reasons for implementing a flexible PTO policy is truly for the benefit of the employees and not solely as a way to save money, whether by removing the need to pay out accrued PTO or cutting back on administrative hours devoted to tracking time off.

Even though it’s called “Flexible PTO,” the benefit does require some structure for successful implementation. Among other things, your organization will want to establish:

  • Parameters for the maximum number of consecutive days that can be taken away from the workplace.
  • A minimum number of PTO days an employee should be taking each year.
  • Policies for prioritizing PTO requests, including a “first come, first serve” policy for employees who want to take time off during the same time.
  • Guidelines for managers and supervisors to follow in communicating the policy, as well as what to do if the policy is abused.
  • Guidelines for employees in how to rethink their productivity with new time-off policies.

Flexible PTO policies challenge a number of common workplace perceptions, from the perceived correlation between longer hours and employee value to how work life vs. personal life are prioritized. The perceptions of customers and clients should also be considered. Depending on your business, there may be certain expectations in place regarding the daily presence of specific employees and roles within the organization. Employees, managers, and cultures that value these perceptions will find flexible PTO policies challenging.

If you are an employer considering a flexible PTO policy, be sure that your first priority is the health and wellbeing of your employees, with the release of the administration and financial burden being secondary. This will help ensure that the policy is implemented in a way that is fair for everyone involved, including the company.

Need help implementing a flexible PTO program?

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How to Maintain A Positive Culture With A Fully Remote Workforce

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With COVID-19 now rewriting how we’re working for the foreseeable future, many American businesses are trying to navigate how to successfully continue on with a fully remote workforce.

Fortunately, there are many things that business owners and managers can do to make this transition and extension of the workplace easier on their employees and maintain a positive culture for everyone.

While many states are currently adapting slightly varied mandates and suggestions about working, one thing remains clear: The Centers for Disease Control are encouraging all those who can self-isolate to do so, and stay home.

Whether your business has already made this transition or is anticipating it soon, one of the first things to do is to ensure that all remote employees have the right equipment and access required to successfully continue working from home.

Studies of traditional workplaces show that outdated and/or malfunctioning equipment not only creates stress, it also reduces morale. Giving employees the opportunity to take home any equipment (computers, printers, laptops, tablets, etc.) that they would normally use, as well as any furniture they may need, is a great way to help establish a comfortable and familiar office space.

In conjunction with this, employers can also help employees take any necessary steps to stay connected. In a busy office setting, internet and phone access is a given, but in a home setting, it may not always be the case. Employees may be challenged by this, and providing temporary hot spots, signal boosters or other equipment will not only maintain productivity, it also shows support for your employees.

Additionally, if your business is relying on new technology to communicate internally as well as with customers, make sure your employees are comfortable and competent in using video conferencing, electronic meet-up rooms, etc. Doing a quick check-in to answer any technology related questions lets your staff know that you are concerned and want their remote communication to be effective, professional and worry free.

Many people now working from home are finding themselves in a somewhat cramped and chaotic environment, with the possibility of multiple people in the home at one time. Recognizing that home and work life are not only merging, but co-existing, will go a long way in maintaining a positive, supportive culture for your workforce.

Keeping video and other online meetings brief, focusing on email communications and providing a little more flexibility in scheduling is something that all employees will appreciate as they juggle their work life and home life. Focusing on the end result of a task being completed rather than when it is completed, is also helpful. Allowing employees to extend and/or modify their workday hours to meet deadlines can help with time management, and lower stress levels.

For example, you may have an employee who also has children remotely attending school from home, as well as a spouse or partner at home. In these homes, everyone can be staking claim to computers, wifi and workspaces at the same time. Your employee may find that the best time to work is early in the morning or later in the evening when the rest of the family is preoccupied with other activities. Offering the ability to flex those at-home hours can be quite helpful for remote employees under the current conditions.

Additionally, giving employees the ability to step away from the job, even for short periods of time, can help them recharge their batteries during these stressful times. Everyone is trying their best to navigate this new normal during the COVID-19 pandemic, and sometimes life can get overwhelming.

Finally, as in a traditional workplace setting, employees still want to feel valued and appreciated. There are many ways that this can be done remotely and without significant effort:

  • Regular individual and team recognition for a job well done through a group email.
  • A direct email that recognizes when an employee puts in extra effort or helps out a coworker is a great way to show your appreciation and keep workplace culture positive.
  • Regular sharing of remote work anecdotes that others on the team can appreciate and identify with during these unusual working conditions. Everyone is in the same boat right now and humor is the best medicine!
  • A quick handwritten card, sent via US mail, or even a small token gift sent to employees’ home addresses, can be a morale booster. Investing in a packet of coffee, a coffee mug, flowers, and even something with the company logo can be a great way to remind employees that their work is appreciated.
  • When employees are allowed to return to the workplace, schedule a team activity that recognizes the effort everyone contributed to keeping things running smoothly.

Nationwide, American businesses and their employees are adjusting to remote workplaces. While this situation may be short-term, American businesses owners and managers are likely to gain some positive knowledge in learning how employees can successfully work remotely. If done right, some businesses may find that they don’t even need a physical office after all.

How can we help you?

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COVID-19: GUIDANCE FOR EMPLOYERS

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As we all know, the COVID-19 (Coronavirus) pandemic has had a significant impact on employers and employees all over the world. Businesses have been forced to close their doors to comply with stay-at-home orders, and as a result, employees have been impacted by reduced hours, temporary furloughs, and even layoffs. 

Industries that are part of the essential infrastructure guidance issued by the Department of Homeland Security, are permitted to remain open, while taking precautions to keep their employees and their customers safe and healthy. Essential businesses are still required to enforce social distancing and take other steps to prevent transmission of COVID-19.

Still, with more people staying home and some consumers having to cut costs, your business may be slower than usual. This leads to some of us having to make difficult personnel decisions. So, what do you need to know as you are faced with these decisions?

If your business has been financially impacted by the current pandemic, and you are considering a reduction in force, you essentially have three options: reduced schedule, furlough, or layoff.

A reduced schedule consists of reducing an employee’s work hours, and only paying them for hours worked. This is easier for non-exempt/hourly employees, but there are federal and state laws which dictate minimum salary requirements for exempt employees. Be sure to check your state’s requirements before making any changes to an exempt employee’s status. Employees may be able to file for unemployment benefits due to a reduced work schedule.

A furlough is a temporary, usually unpaid, leave of absence. Furloughs are generally used as a cost-saving measure, with the intention of having the employee return to work after a designated period of time. During a furlough, the employee retains their seniority, their health insurance, and other benefits. Note that according to your state’s regulations, you may be required to pay out an employee’s earned wages and accrued vacation time on their last day worked, even if the furlough is temporary. Employees may also be eligible to file for unemployment benefits during the furlough period.

A layoff is generally considered to be a reduction in force. It should be tied to a restructure or position elimination, and not related to an employee’s performance. Employers should be careful not to use a “layoff” as a reason for terminating a poor performing employee. If needed, the business must be able to show a viable reason for the position elimination, and the layoff must be handled lawfully in order to prevent any future claims. Layoffs are treated as terminations under the law, and as such, all final pay requirements apply. A laid-off employee is generally eligible for unemployment benefits.

If you own or run a business with 100 or more employees and are planning to lay off more than half the workforce, be sure to check your requirements under the federal Worker Adjustment and Retraining Notification (WARN) Act. Even if your business does not qualify under the requirements for the federal WARN Act, several states have their own “mini-WARN” laws that may apply. Be sure to check your state’s requirements.

Lastly, it’s important you familiarize yourself with the ‘Families First Coronavirus Response Act‘ which goes into effect on April 1, 2020, and applies to businesses with less than 500 employees. This new law offers paid sick leave benefits (up to 80 hours) and paid emergency leave benefits (up to 12 weeks) to employees affected by COVID-19, including but not limited to self-quarantine orders and school closures. You are also required to post a notice (email is fine for those employees who are telecommuting). The notice must be posted and distributed prior to April 1st.

As the regulations are changing and updating rapidly, it’s important to check federal and state guidelines before making any important personnel decisions. The Department of Labor offers an FAQ page which is updated regularly.

If you need assistance implementing any employee related changes and/or have questions about the laws and how to maintain compliance, feel free to contact your HR Business Partner at People Person, Inc. We are here to assist small and mid-sized businesses through this pandemic and beyond.

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10 Tips to Attract and Retain Talent!

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Successful business owners know that their biggest asset is not their inventory, their client list or even their brand: it’s their people who make the business successful.

According to the Society for Human Resource Management, a business owner can spend anywhere from 40 to 80 percent of their gross revenue on salaries and benefits. It’s a big investment, so it’s important to ensure that you’re making the investment in the right employees.

The good news is that any business can be a top employer, regardless of size, industry or revenue, by focusing on how to attract and retain employees that can help your business succeed.

Define your mission and leadership

It’s hard to work in an environment without clear goals and inconsistent leadership. Having clear goals and leaders who are on the same page helps current employees achieve success and shows potential employees that everyone on your company is working toward the same goal.

Know what you’re looking for to ensure the right fit for new hires

When hiring a new employee, it’s important to clearly define the role that needs to be filled. All positions in your company should have a well-defined job description, but it’s even more important for a new hire because it will allow you to see if a potential candidate will bring the right skill set, interests and personality to not only meet your employment need, but excel in the position.

Encourage employee engagement

A recent Gallup poll showed that in any given organization, only about a third of the workforce feels engaged at work. For current employees, an environment that encourages two-way communication and rewards employee initiative can keep job satisfaction levels high. For new employees, an onboarding experience that includes an emphasis on collaboration and welcomes input will help establish a sense of engagement as the new employee learns the ropes.

Understand the need for flexibility

Employees value a sense of flexibility and mobility to balance their work and personal lives. Giving employees some latitude in how and when they get work done, with an emphasis on the end result, can help retain your best employees and encourage top talent to seek you out.

Make your recruiting and hiring process as efficient as possible

First impressions do matter: The Society of Human Resource Management reports than 70 percent of workers are likely to stay at a new job for three or more years if they have a positive onboarding process. When hiring for a new job, does your company respond promptly to candidates? Do you make hiring decisions in a reasonable amount of time? When bringing on a new hire, are your processes streamlined and efficient or do they include endless hours of pre-employment orientation and paperwork? Those first few tasks create a strong, lasting impression on new employees and can set the tone for how they view your company.

Understand the generational differences in how we communicate and work

All stereotypes aside, each generation in the workforce does have generalized communication and feedback preferences. Depending on your workforce, you may need to brush up on their generational preferences – some prefer more independent working environments while others prefer more direction. But there are two things that workers of all ages value: constructive feedback and praise.

Give your wage and benefit package a checkup

Numerous studies show that employees consistently rank job satisfaction higher than wages, but compensation is important. If your company is a compensation leader, or offers a better-than-average benefit package, you’ll naturally be at the top of candidates’ lists. And don’t overlook low-cost perks – these small efforts can boost an overall package to the next level.

Embrace technology, and keep it up to date

Today’s employees expect that technology will be a part of their jobs and with that expectation is that any equipment will be efficient and up-to-date. Ensuring that computers, software, printers and any issued equipment are current and in good working order is not just a capital investment, it’s an investment in employee job satisfaction and efficiency.

Offer opportunities for personal development

Smart employers value smart employees, and offering opportunities for continuing education and advancement are key for keeping long-term employees. Small businesses may not offer a large career ladder to climb, but they can offer the ability for employees to become experts in what they do and learn new skills.

Listen to current employee feedback, good and bad

It takes a lot for employees to provide feedback, especially negative feedback. If you’re hearing common themes from employees, listen carefully: it may be an area that needs extra attention. Positive feedback is also a great way to ensure your business is on the right track. An employee that feels as if his or her opinion is valued is an employee that will stay.

We hope you found these tips helpful. If you have found other ways to attract and retain top talent, we would love to hear about them in the comments below!

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