Keeping Up with Professional Development During the Pandemic
As many state and local governments recommend and require social distancing, many professionals are looking at other ways to continue growing and developing. Read this blog post to learn more.
Many employees need to accumulate credits to keep their professional credentials, and they may look forward to large gatherings with their peers each year where they can learn about the latest developments in their industry. But the coronavirus pandemic is changing the way employees and businesses are approaching professional development, with many opting—at least for now—for online learning.
"We've seen a large shift in the manner in which these things are being done," said Melissa Peters, an attorney with Littler in Walnut Creek, Calif.
Since March 31, the U.S. State Department has advised U.S. citizens to avoid all international travel due to COVID-19. Within the U.S., the Centers for Disease Control and Prevention (CDC) had urged residents of New York, New Jersey and Connecticut to temporarily halt nonessential domestic travel and asked people everywhere in the country to carefully consider the risks before traveling.
"Some employers are going further and recommending that employees cancel or postpone all nonessential travel," observed Douglas Brayley, an attorney with Ropes & Gray in Boston.
The White House and many state and local governments have either recommended or required people to practice social distancing through April and even beyond—which is causing some business and professional associations to find creative alternatives to their in-person meetings.
Going Virtual
A webinar or videoconference may be a good alternative to an in-person meeting, Brayley said.
Elizabeth Wylie, an attorney with Snell & Wilmer in Denver, noted, "Many companies are bolstering their remote conferencing access to ensure it is adequate to meet the anticipated increase in needs in the coming weeks."
Kathleen Sullivan, chief human resources officer at law firm Clark Hill in Pittsburgh, said her firm is using webinars, videoconferencing and phone conferencing technologies. "Our goal is to continue to provide excellent client service while we ensure we are taking care of our employees," she said.
In response to limits on travel and social gatherings, some licensing bodies have eased up on their e-learning limits. For instance, the Indiana Supreme Court and other state high courts have temporarily waived distance-learning limitations for attorneys seeking continuing education credits.
The Society for Human Resource Management (SHRM) has transformed its 2020 Talent Conference & Exposition to a virtual experience so attendees can stay current and earn professional development credits without leaving their homes.
"We've been working with public health officials and collaborating with the conference venue and vendors to make an informed decision based on the latest science, local public health guidance, and our ability to provide the HR community with the best event and professional development experience you've come to expect from SHRM, in a safe environment," SHRM said on its website.
Should Employers Reimburse Nonrefundable Expenses?
"There is not a uniform practice in terms of [employers] reimbursing for canceled or postponed trips," said Mark Keenan, an attorney with Barnes & Thornburg in Atlanta. He said organizations need to make such decisions based on:
- The health and welfare of their employees.
- Whether such trips can be rescheduled or postponed with limited incidental additional expense.
"However," Keenan said, "most organizations would still reimburse such trips as an appropriate business expense, and therefore should reimburse nonrefundable costs as they would with any other itinerary change."
If the employer paid for the professional development and travel in the first place, any cancellation costs would generally be absorbed by the employer, said Susan Kline, an attorney with Faegre Drinker in Indianapolis. "If it's something the employee signed up for as a personal matter for a weekend or vacation, employers might treat it like any other vacation."
She noted that some states, such as California, require employers to reimburse reasonable business expenses.
Peters said employers are making difficult business decisions as they struggle with the economic impact of COVID-19. "There are legal aspects, but whether or not you want to reimburse people for professional development should be aligned with the company's philosophy and business needs."
The best practice for each business is highly dependent upon its business needs, industry and workforce, Wylie said, and is subject to change as the recommendations of public health agencies evolve.
Stay Updated
"The employer community seems to be very proactive in communicating updates on the coronavirus and the impact on their workforces," Keenan observed. For now, he said, the best practices are to not panic and to monitor the CDC's website.
"The situation is evolving rapidly," Sullivan said. "It is important to stay up-to-date with the current information."
SOURCE: Nagele-Piazza, L. (13 April 2020) "Keeping Up with Professional Development During the Pandemic" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/keeping-up-with-professional-development-during-the-pandemic.aspx
What to Do When Scared Workers Don’t Report to Work Due to COVID-19
Throughout the globe, many are terrified of contracting the communicable disease, the coronavirus. With this being said, many essential workers are refusing to go to work with that fear in their minds. Read this blog post from SHRM to learn more.
Some essential workers are refusing to come to work out of fear of contracting the coronavirus. Their employers must weigh the employees' legal rights and understandable health concerns with the organizations' business needs. It can be a tough balancing act.
"A good first step for an employer to respond to an essential worker who's expressing fears of returning to work is to actively listen to the employee and have a conversation," said Brian McGinnis, an attorney with Fox Rothschild in Philadelphia. "What are their specific concerns? Are they reasonable?"
McGinnis said that employers should consider whether it already has addressed those concerns or if additional steps are needed. Often, having a conversation with the employee "will avoid an unneeded escalation," he said.
Employees' Legal Rights
What if that doesn't work? Tread cautiously, as employees have many legal protections.
An employer usually can discipline workers for violating its attendance policy. But there are exceptions to that rule, noted Robin Samuel, an attorney with Baker McKenzie in Los Angeles. Putting hesitant employees on leave may be a better choice than firing them.
Christine Snyder, an attorney with Tucker Ellis in Cleveland, cautioned, "If an employer permits employees to use vacation or PTO [paid time off] for leave, it may soon find itself without a workforce sufficient to maintain operations. Therefore, an employer may want to rely upon the terms of its existing time-off policy, which typically requires approval to use vacation or PTO, to require that leave for this reason be unpaid."
OSH Act
Employees can refuse to work if they reasonably believe they are in imminent danger, according to the Occupational Safety and Health (OSH) Act. They must have a reasonable belief that there is a threat of death or serious physical harm likely to occur immediately or within a short period for this protection to apply.
Samuel explained that an employee can refuse to come to work if:
- The employee has a specific fear of infection that is based on fact—not just a generalized fear of contracting COVID-19 infection in the workplace.
- The employer cannot address the employee's specific fear in a manner designed to ensure a safe working environment.
NLRA
The National Labor Relations Act (NLRA) grants employees at unionized and nonunionized employers the right to join together to engage in protected concerted activity. Employees who assert such rights, including by joining together to refuse to work in unsafe conditions, are generally protected from discipline, Samuel noted.
"That said, the refusal must be reasonable and based on a good-faith belief that working conditions are unsafe," said Bret Cohen, an attorney with Nelson Mullins in Boston.
ADA
Employers should accommodate employees who request altered worksite arrangements, remote work or time off from work due to underlying medical conditions that may put them at greater risk from COVID-19, Samuel said.
The EEOC's guidance on COVID-19 and the Americans with Disabilities Act (ADA) notes that accommodations may include changes to the work environment to reduce contact with others, such as using Plexiglas separators or other barriers between workstations.
The Age Discrimination in Employment Act, unlike the ADA, does not have a reasonable-accommodation requirement, pointed out Isaac Mamaysky, an attorney with Potomac Law Group in New York City. Nonetheless, he "would encourage employers to be flexible in response to leave requests from vulnerable employees," such as older essential workers, as the right thing to do and to bolster employee relations.
FFCRA
If a health care provider advises an employee to self-quarantine because the employee is particularly vulnerable to COVID-19, the employee may be eligible for paid sick leave under the Families First Coronavirus Response Act (FFCRA), Cohen noted. The FFCRA applies to employers with fewer than 500 employees, and the quarantine must prevent the employee from working or teleworking.
FFCRA regulations permit employers to require documentation for paid sick leave, noted John Hargrove, an attorney with Bradley in Birmingham, Ala.
Employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work, said Pankit Doshi, an attorney with McDermott Will & Emery in San Francisco.
Hazard Pay
Although not currently mandated by federal law, hazard pay—extra pay for doing dangerous work—might be appropriate for an employer to offer to essential workers, McGinnis said.
If hazard pay is offered, similarly situated employees should be treated the same, he said. Otherwise, the employer risks facing a discrimination claim.
Andrew Turnbull, an attorney with Morrison & Foerster in McLean, Va., noted that companies with multistate operations may have legitimate reasons for offering hazard pay to employees working at locations with a high risk of exposure and not where the risk is minimal.
Hazard pay might be a good choice for public-facing jobs, where employees may not be able to observe social distancing, said Román Hernández, an attorney with Troutman Sanders in Portland, Ore.
Some localities require hazard pay in some circumstances, Doshi noted. These localities include Augusta, Ga., Birmingham, Ala., and Kanawha County, W.Va.
Inform and Protect Workers
Lindsay Ryan, an attorney with Polsinelli in Los Angeles, said that employers should keep employees apprised of all measures the employer is taking to maintain a safe workplace, consistent with guidance from the U.S. Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration, and local health authorities.
If employers have the means to do so, they should screen employees each day by taking their temperatures and send workers who have fevers home, Snyder said. Alternatively, employers can require employees to take their own temperatures before reporting to work, she added.
"Finally, in light of recent CDC guidance regarding the use of cloth masks to prevent infection, employers should allow employees to wear masks in the workplace and consider providing employees with cloth masks if they are able to acquire them," she said.
Benefits Consideration for Onboarding Furloughed and Laid Off Employees
As the COVID-19 pandemic continues to create obstacles for the workplace, many professionals are still having to continue with their day-to-day work lives which include having hard discussions with furloughed and laid-off employees. Read this blog post to learn helpful tips on re-enrolling employees into their benefits.
COVID-19 continues to throw us curveballs. While some states that were continuing on their path to recovery are having to backtrack, others have managed to temporarily halt the progression of COVID-19 and are proceeding as planned.
Amidst all this uncertainty, one thing is certain: human resource professionals continue to face overwhelming obstacles. Below, we outline issues that human resource professionals are likely to face as they onboard furloughed and laid-off employees.
Onboarding Furloughed Employees
HEALTH AND WELFARE PLANS
For employees enrolled in one or more employer sponsored health and welfare plans and receiving coverage during the furlough period:
- Payroll deductions for required employee contributions for the plan generally resume upon return from furlough, subject to any changes in employment status that may affect eligibility.
- To the extent repayment of employee contributions advanced during the furlough period is required, consider how to collect the employee contributions (e.g., through payroll deduction or otherwise), keeping in mind state law requirements related to payroll deductions.
- Consider the extent to which election changes may be made upon return from furlough.
For employees not enrolled in an employer-sponsored health and welfare plan during the furlough period (or enrolled in COBRA continuation coverage):
- Determine when eligibility for the plan resumes in accordance with plan terms (e.g., immediately or after a waiting period), subject to any impact on eligibility due to changes in employment status.
- Consider the process for enrolling employees and the extent to which election changes may be made upon return from furlough, including any HIPAA special enrollment rights.
In addition:
- Evaluate the impact of the furlough on employees' full-time status under the Affordable Care Act's (ACA's) lookback measurement period and stability period requirements.
- Evaluate the impact of return from furlough on participation in wellness program activities and eligibility for wellness program incentives.
- To the extent employees will have staggered work schedules, consider entitlement to benefits based on reduced hours (full time/part time) or new job requirements and whether any plan amendments are needed.
401(K) PLANS
Generally, employee and company contributions resume upon return from furlough; however, changes in job titles or positions may affect eligibility:
- Determine whether employee and company contributions will resume immediately upon return from furlough based on elections in place immediately before the furlough period or whether new elections will be required.
- Determine the extent to which legally required notices relating to plan participation must be provided.
- Address the treatment of loan repayments upon return from furlough.
- Determine the extent to which the period of furlough must be counted for purposes of plan eligibility, vesting and the right to allocation of contributions.
PENSION PLANS
- Consider whether changes in job titles or positions may affect eligibility for continued participation upon return from furlough.
- Review plan terms to determine the extent to which the period of furlough must be counted for purposes of plan eligibility, vesting and benefit accrual.
OTHER BENEFITS
- Consider the impact of return from furlough on any commuter benefits (parking and transit).
- Consider the impact of return from furlough on vacation and holiday accrual.
Onboarding Laid-Off Employees
HEALTH AND WELFARE PLANS
- Treat rehired employees who have been laid off as new hires who must complete new hire paperwork for health and welfare plan eligibility.
- Consider the impact of the termination of employment and rehire on the employee's status as a full-time employee under the ACA's lookback measurement period and stability period requirements.
QUALIFIED RETIREMENT PLANS
- Defer to plan terms and break-in-service rules for purposes of determining the impact of the layoff on plan eligibility, vesting and benefit accrual.
- Review plan terms and procedures for enrolling rehired employees in a 401(k) plan, including application of the plan's auto-enrollment feature, if any.
SOURCE: Pepper, T. (29 July 2020) "Benefits Consideration for Onboarding Furloughed and Laid Off Employees" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/benefits-consideration-for-onboarding-furloughed-and-laid-off-employees.aspx
COVID-19 at-home testing kits can make returning to work safer
As many begin to return to the workplace, both employers and employees are fearful of bringing the COVID-19 virus into the workplace. A company has produced an at-home testing kit for those returning to work. Read this blog post to learn more.
While access to wide-spread coronavirus testing is still a barrier for millions of Americans, computer software company Appian is partnering with Everlywell, a digital health company, to offer COVID-19 at-home testing kits for employees returning to the workplace.
“Everlywell was founded to give people access to high-quality lab tests that can be taken at home,” said Julia Cheek, founder and CEO of Everlywell. “We are proud to support Appian’s customers in providing FDA-authorized COVID-19 testing to help keep them safe.”
Since March, more than 50 million coronavirus tests have been reported to the CDC, of which 5 million were positive. But as states reopen their economies and infection rates increase, there are growing concerns about supply chain problems, according to Politico. Reopening has increased demand for testing, causing samples to pile up faster than labs can analyze them, which is lengthening turnaround times for results — complicating efforts to contain the virus.
Everlywell’s at-home lab tests seek to streamline the process of testing for their employer clients. The COVID-19 test will be integrated within the Appian Workforce Safety solution. Through the partnership, people using Appian’s return-to-site solutions will be able to request home delivery of Everlywell’s COVID-19 testing kit by taking a screening questionnaire based on CDC guidelines. Each test request will be reviewed by an independent physician from Everlywell’s third-party telehealth partner. Test results can be delivered to the test-taker’s mobile device in 24-48 hours after the sample arrives at an authorized lab.
The lab tests have received emergency use authorization from the Food and Drug Administration. The testing used by the company and its lab partners meet the FDA’s performance criteria for COVID-19 test accuracy, and telehealth consultations are included for those who test positive.
“How much you know as an organization is how much you can protect the members of your organization,” says Matt Calkins, CEO of Appian. “This is the fastest way to get information on infection. We've seen that high amounts of testing can help minimize COVID-19. Knowledge is power, so we're trying to get [employers] as much knowledge as possible, as quickly as possible, and provide them with another tool to keep their employees safe.”
As employers make their strategies for returning to work, workplace safety is of top concern. Antibody screening, thermal cameras and on-site nurses are all methods being considered to help employees stay safe. Digital health is playing a major role in helping employees self-report their risks, whether that be the employee taking the subway, or living with someone who’s immunosuppressed. It can also help employers scalably monitor and assess people's symptoms on a daily basis, ensuring that sick employees stay at home and quarantine. Workplace changes may also include desks and workstations being spread further apart, and stricter limitations on large meetings and gatherings in the office.
Appian’s platform helps employers centralize and automate all the key components needed for safe returns to work. Through the platform, employers can process health screenings, return-to-site authorizations, contact tracing, isolation processing, and now, COVID-19 testing.
“A lot of people would rather work with an employer who goes the extra mile, who’s willing to offer and pay for tests if necessary for their own employees, and to quickly deploy it, where there’s even a suspicion of transmission,” Calkins says. “It’s a responsible gesture and a serious signal that the employer cares about the health of their workforce, and employees are reassured that their colleagues are more likely to be healthy.”
SOURCE: Nedlund, E. (30 July 2020) "COVID-19 at-home testing kits can make returning to work safer" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/covid-19-at-home-testing-kits-can-make-returning-to-work-safer
Why continuous listening is the key to a smooth transition back to work
Returning to the workplace during this time can be difficult for many, especially with employers who are being faced with the question of how to create and keep a safe and comfortable workplace scene. Read this blog post to learn more.
As states and businesses reopen in the U.S., many employers are faced with a difficult decision: Should their employees go back to the workplace? And if so, when? Amazon told their workers they likely wouldn’t return until October, while Google announced that their employees wouldn’t go back to the office until 2021. Twitter and Facebook decided most employees could work from home forever.
But once employers do make that decision, they’re then confronted with a more formidable one: How do they get their employees back in a way that is both safe and comfortable for everyone? In short, how do they successfully manage employee experience?
Most companies have coordinated COVID-19 task forces charged with making those decisions and helping their employees navigate the global pandemic. And whether they realize it or not, those task forces are broken down into two different functions: operational and experiential.
When COVID-19 first hit, the task forces had to deal with the operational challenge of moving massive workforces home overnight, and they worked to ensure employees had the equipment and software needed to function remotely. And soon after, many realized they also had another responsibility on their plate: employee mental wellbeing.
Leaders recognized they’d have to find new ways to keep their people sharp, productive, and happy. In fact, their employees’ experience with remote work was a central component in making that big operational move successful.
The same will happen as task forces bring people back to the workplace. In fact, managing employee experience will become a task force’s most critical responsibility. To ensure employees feel comfortable returning to the workplace, company leadership needs to know how they feel about coming back and what safety concerns they may have. Then leadership must act on that information.
But the current situation (and their employees’ feelings) can change rapidly. That’s why a method called “continuous listening” is essential to managing employee experience. At least once a day (if not more), employees should be able to respond to a few questions about how they’re feeling, and leaders can use that real-time information to successfully take care of their teams.
A large retail bank in North America has set up an always-on feedback channel for retail branch employees to identify safety concerns in different branches. The bank recognized that, when it came to health and safety concerns, employees might need to offer feedback immediately rather than waiting for a survey that came around once a day. Other organizations have used pre-screening tools that allow employees to self-report each day so company leadership can decide whether they should come into the workplace.
Continuous listening helps leadership communicate with employees, and vice versa. If there’s ever been a time to listen to your people and manage their employee experience, it’s now.
A Qualtrics study conducted at the beginning of May found that two out of three workers in the United States didn’t feel comfortable returning to the workplace. In fact, nearly half of all workers said they didn’t expect to go back to work until August or later.
Most respondents said they want assurance from public officials like the Centers for Disease Control or state and local governments before returning, while about half said they’d feel more comfortable once a treatment or vaccine is available. Nearly 70%, though, said they trust their company leadership to make the right decision on when to come back.
Once leadership makes that decision, however, employees expect them to enact policies and procedures that will protect workers’ safety. Almost 75% said they want their work facility to be thoroughly and regularly cleaned and disinfected, while 62% said they want strict policies about who cannot come to the office, including those who are sick and have recently traveled. Nearly 60% said they want masks available to everyone who wants one, while the same amount said they want all employees to be required to wear a mask at all times.
A majority expect their company to require those who travel to self-quarantine for 14 days, prohibit handshakes and hugs, and set safety measures around communal food. Almost 40% said they want employees to be brought back in phases instead of all at once.
Employees also want the freedom to take action themselves. Over 60% said they want to be able to wear a mask and maintain social distancing at work, and half said they want more flexible sick-leave policies that employees are encouraged to use, even with minor symptoms. Nearly the same amount said they want to be able to limit the number of people they’re exposed to in workplace meetings, and almost 40% said they want to be able to skip work without penalty or continue working from home if they feel unsafe.
These findings provide companies with a general idea of what their employees want to see before coming back to work, but gathering data specific to each organization is even more helpful. Before and after companies begin their initial return, they’ll need to listen closely and continuously to their employees and should increase emphasis on employee feedback.
After all, employees are an organization’s best ambassadors. Invest in them, and they’ll invest in you.
SOURCE: Choi, J. (27 July 2020) "Why continuous listening is the key to a smooth transition back to work" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/opinion/why-continuous-listening-is-the-key-to-a-smooth-transition-back-to-work
‘It’s a fool’s choice’ when employers ignore investments in mental health benefits
Many employers have realized that the coronavirus pandemic has effected their employee's mental health tremendously. Many are now looking into opportunities to innovate change in the way mental health is viewed. Read this blog post to learn more.
As more states reopen and the return to work process gets underway, employers are grappling with how to address the rising mental health issues that have resulted from the COVID-19 pandemic.
The Society for Human Resource Management Foundation, One Mind at Work, and Psych Hub have partnered together to launch Mental Health and Wellness in the Workplace, an initiative to engage HR professionals in education and training opportunities to lead changes in the way mental health and wellness are viewed in the workplace.
“Our focus is on helping HR professionals and managers lead positive social change in the workforce,” says Wendi Safstrom, executive director of the SHRM Foundation. “We think it's critical to help employers and employees manage significant mental health tools related to COVID-19, and even beyond as companies begin to reopen.”
Mental health has been a growing concern among workers as the pandemic has worn on. About 41% of employees feel burnt out, drained, or exhausted from their work, according to data from SHRM. Additionally, nearly one in four employees report frequently feeling down, depressed, or hopeless — yet more than one in three employees reported having done nothing to cope with these feelings.
The SHRM Foundation, One Mind and Psych Hub initiative provides employers and HR professionals with a workplace wellness resource center, as well as training resources to help them address and improve mental health issues among employees.
The training covers topics like promoting workplace wellness, managing mental health during a crisis, and becoming an “agent of change” for workplace mental health.
Providing wide-spread education on mental health ensures that the diverse needs of employees have the opportunity to be met.
“What we're saying to everyone is that you cannot be autocratic here — this is about empathy,” says Garen Staglin, chairman of OneMind and co-founder of OneMind at Work. “You can't mandate that people are going to feel okay just because you tell them it's okay.”
Each member of the alliance brings a particular expertise in their respective practice areas. The SHRM Foundation focuses on workplace social change, One Mind at Work focuses on best practices and tools for brain health in the workplace, and Psych Hub focuses on multimedia learning solutions to mental health and addiction.
The materials are available to all companies and HR professionals via the Psychhub website. Employers, HR, and staff will have access to articles and other content on a variety of mental health subjects.
Investing in this program will not only help employees as they’re struggling now, but ensure investment into their future.
“We did a study that said for every dollar you invest in accelerating workplace best practices for mental health, you'll get a $3 to $5 return in the form of lower absenteeism, improved productivity, better customer service, and lower workers comp claims,” Staglin says. “It's a fool's choice to ignore brain health and workplace mental health, because the costs are extremely high.”
SOURCE: Schiavo, A. (23 July 2020) "‘It’s a fool’s choice’ when employers ignore investments in mental health benefits" (Web Blog Post). Retrieved from employeebenefitadviser.com/news/its-a-fools-choice-when-employers-ignore-invest-in-mental-health-benefits
When Should Managers Call HR?
When one thinks of contacting the HR department, it's often associated with filing a complaint or discussing a workplace issue that is in need of a resolution. There are often more reasons as to why the HR department needs to be contacted. Read this blog post to learn more.
Employers expect supervisors to resolve some issues on their own and to report other things to human resources—or possibly to in-house counsel—rather than to resolve them independently.
But do you know which is which? For example, you probably know that you should report to HR all complaints of unlawful discrimination, harassment or retaliation, even if:
- The employee requests that the complaint be kept confidential.
- The employee implores the supervisor not to consult with HR.
- The complaint appears to lack merit.
But in other instances, the line is less clear. For example, if an employee is frequently late, it's your job to resolve the issue by confronting the employee about his lateness and handling it according to established company policies. But what happens if the chronically tardy employee responds by saying that he has been late because of chemotherapy appointments? That's the kind of information you need to report to HR so a determination can be made about whether a work accommodation is appropriate.
Here are some other clarifications of when to report in suspect categories:
WAGE COMPLAINTS
An employee complaint about not being paid as much as he deserves usually is an employee relations issue, not a legal issue. But when an employee complains that the employer has failed to pay him for time worked or has made improper deductions from his pay, savvy supervisors will see legal red flags. For nonexempt employees, improper deductions may include things like not paying for short breaks. For exempt employees, improper deductions may include deductions inconsistent with the salary basis requirement of the overtime regulations of the Fair Labor Standards Act (FLSA), such as not paying an exempt employee for a holiday when the employer is closed.
By immediately reporting a wage complaint to HR, you let the organization determine whether the complaint has merit. If no money is owed or no improper deductions made, HR can correct—or at least try to correct—the employee's misunderstanding. On the other hand, if there was a mistake, HR can correct it before the employee files a complaint with an administrative agency or court. This should go a long way toward minimizing the employer's exposure to liquidated damages for willful violations of the FLSA, and it also may mitigate an employer's liability under state wage and hour laws, whose requirements and penalties are often more stringent than federal law.
Remember, you must report even minor wage claims. A single employee's small wage loss may signal a systemic problem affecting other employees—in other words, a class action waiting to be born.
ALLEGATIONS OF WRONGDOING BY OTHERS
More and more employees are "blowing the whistle" on alleged wrongs that may not directly affect their terms and conditions of employment—alleged corporate fraud, for example. Managers should report immediately complaints of criminal or fraudulent activity, or violations of statutes such as the Sarbanes-Oxley Act. You also should report alleged violations of core employer policies that may have material legal and business consequences, such as conflict of interest policies, business ethics standards or codes of conduct.
DISCLOSURE OF MEDICAL INFORMATION
Any disclosure of a serious health condition or a physical or mental impairment by a job applicant or employee should be reported to HR—even if the applicant or employee doesn't specifically seek an accommodation. During interviews, you may ask applicants whether they can perform the essential functions of the job for which they have applied—but you may not pursue any medical inquires before making a conditional offer of employment. Likewise, where a current employee's performance or behavior is below standard, managers need to focus on the deficiencies—and not inquire or speculate as to any suspected medical reason that may underlie them.
But what if an applicant says that he cannot perform a particular function because of clinical depression, or an employee acknowledges her performance deficiencies but says that lethargy resulting from her heart condition has caused them? In these cases, even though there was no direct request, the disclosure puts the employer on notice that the applicant or employee may need an accommodation. Accordingly, the employer—that is, HR and not you—may need to begin the interactive process to determine whether a reasonable accommodation is needed.
ACCOMMODATION OR LEAVE REQUESTS
An applicant or employee need not use the legal words "Americans with Disabilities Act (ADA) accommodation" or "Family and Medical Leave Act (FMLA)" to trigger statutory rights. The key is whether a reasonable supervisor would recognize the individual's communication as a request for an accommodation or a leave of absence. With regard to accommodations, for example, you should report requests for help, support, job changes, etc. if the employee—contemporaneously or previously—has disclosed the existence of a serious health condition or impairment.
As for leave, report requests for "time off" for medical or other potential FMLA situations, even if the employee does not utter "FMLA." Even if the employee clearly is not eligible for FMLA leave, you need to report a request for time off because a leave could be a reasonable accommodation under the ADA regardless of FMLA eligibility.
EVIDENCE OF UNION ACTIVITY
If 30 percent of eligible employees in an appropriate bargaining unit sign union authorization cards, the union can petition the National Labor Relations Board for an election. Even if an employer wins the election, the victory can be very costly. The key to avoiding elections is early detection of and rapid response to union activity. But employers often begin their counteroffensive only after the union has obtained the 30 percent showing of interest. Sometimes, this is because supervisors fail to report to HR what they may see as "isolated" signs of union support. A bundle of isolated, minor occurrences may amount to evidence of a serious union campaign.
Direct signs of union activity would include an employee handing out a union flier in the parking lot or wearing a pro-union T-shirt. Indirect warning signs would include unusual off-site gatherings of employees—at barbecues, bowling alleys and bars. You also need to be aware of the restrictions on your behavior under the National Labor Relations Act. Supervisors cannot:
- Spy on employees to see who may be engaging in union activity.
- Promise employees benefits for refraining from union activity.
- Interrogate employees as to whether they or others are engaging in union activity.
- Threaten or take adverse action against employees for engaging in union activity.
While you cannot spy, you can report what you see in plain view. And while you cannot interrogate employees about their union sympathies, you can report what is volunteered or what you inadvertently overhear.
GOVERNMENT COMMUNICATIONS
Inform HR immediately if you receive any communication from a government agency, official or entity, including everything ranging from a charge of discrimination filed with the EEOC or other agency to an on-site visit from a U.S. Department of Labor investigator asking to review certain files in connection with alleged overtime pay violations of the FLSA. It's not your duty to decide whether and to what degree to cooperate. Sometimes, government officials ask for more than they are entitled to have. And even where they have a legal right to the requested information, the manner in which the employer communicates can determine the legal outcome and damages that may flow from it. If an official contacts you by phone, be polite and say, "Our organization/company will cooperate with your request; however, I do not have the authority to respond. Let me give you the name and telephone number of the HR professional with whom you should speak. I also am going to contact HR right now."
LAWYER COMMUNICATIONS
Report immediately—and don't respond—to any subpoenas or letters from lawyers who do not represent the employer. In case of "friendly calls" from lawyers who are "just curious" about a few things, don't provide any information. There is no duty to cooperate with an attorney on a fishing expedition. Instead, say something like this: "I do not have authority to talk with you. Please give me your name and number and I will forward them to HR."
SIGNS OF WORKPLACE VIOLENCE.
Not all workplace violence is preventable. But sometimes there are warning signs that supervisors need to report to HR and/or security immediately, including:
- Discussions of or particular fascination with perpetrators or victims of violence.
- Talk of weapons that seems abnormal in frequency or content.
- Statements about hearing voices or receiving signals.
- Threats of suicide.
SOURCE: Segal, J. (21 July 2020) "When Should Managers Call HR?" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/people-managers/pages/when-should-managers-call-hr.aspx
Employees Look to HR to Evaluate COVID-19 Data Before Reopening
Many employers are looking at the opportunity to allow employees to return to their workplace, but before returning many are asking and reaching out to their HR departments to look and rely on local, state, and federal data in order to make a safe transition back into office. Read this blog post to learn more.
When national staffing and recruitment firm Addison Group began putting in place the necessary measures to reopen the company's offices in Texas, Peg Buchenroth, senior vice president of human resources, relied on local, state and federal data to make the transition.
The company's employees switched to remote work during the week of March 16. Since then, Buchenroth and her colleagues have been monitoring coronavirus cases in Texas, where the numbers are changing fast.
Recent data from Texas health authorities demonstrates why it's important for human resource managers to follow infection and hospitalization rates in different geographies.
According to Texas Department of State Health Services data, nearly 75,000 people tested positive for the coronavirus in the first week of June and more than 1,800 people died of COVID-19. As of July 19, nearly 4,000 people had died from COVID-19 in the state, and the death toll is expected to rise further as reported cases have climbed to over 330,000.
Texas Health and Human Services has posted a warning on its website: "Please note that all data are provisional and subject to change. Probable cases are not included in the total case numbers."
Texas Gov. Greg Abbott began clearing the way for businesses to reopen in May to restart the state's economy but had to roll back those plans after COVID-19 deaths began to rise. In the midst of this, the Addison Group reopened its San Antonio/Houston offices on May 4, its Dallas location on May 18 and its Austin facility on May 20. The company closed its Texas offices for the July 4 holiday and has kept them closed as it considers what to do next.
"While we successfully opened our Texas offices in May for employees who wanted to return to in-person work, we've decided to close these locations and will monitor the situation in case we need to reassess," Buchenroth said. "The safety of our employees remains Addison Group's top priority, and we will continue to leverage federal, state and local data to inform any future decisions."
She said employees who return to the office will need to adhere to Centers for Disease Control and Prevention guidelines, such as wearing a mask and maintaining 6 feet of physical distance from others.
"We want to make sure that employees feel safe when they return to the office," Buchenroth said.
She added that the company takes into consideration the many factors that can influence an employee's decision to return to the office, including child care needs, elder care responsibilities, and serious underlying medical conditions that put individuals at high risk of developing a severe illness from COVID-19.
Coronavirus and COVID-19
Using Data to Inform Reopening
As more businesses reopen, employers will have to decide if going to the office is safe based on the data received from local health authorities. Insight from that data will determine how employers will design their workspaces to allow for adequate social distancing within an office, how many workers will be allowed in the office at a time and whether remote work will continue for the foreseeable future.
John Dooney, an HR Knowledge Advisor at the Society for Human Resource Management, said he has noticed an increase in the number of inquiries from HR professionals about new federal, state and local measures and how to safely reopen businesses. He added that while health officials have gained a better understanding of the coronavirus during the past four months, there is still a lot more to learn.
"The pandemic is evolving, and we haven't had the luxury of time to get the information we need," Dooney said. "I think it's important for HR managers to continually review data from authoritative resources."
HR needs to be aware of the changes states are making as they reverse previous decisions on reopening their economies given increasing coronavirus infections and death rates in states like Arizona, Florida and Texas. The current crisis, Dooney said, should prompt HR professionals to be more involved with their senior leadership teams in the decision-making process.
"HR executives should work with senior managers to come up with the best ideas that protect their employees," Dooney advised. "The leadership team should be looking at not only how to maintain the business, but also how to implement adequate protections."
Employers' responses will also depend on the work environment at each company. Hospitals, supermarkets, pharmacies and delivery services, for example, need employees at their worksites; many knowledge-based businesses, however, are better-suited to rely on remote workers.
Gavin Morton, head of people and financial operations at HR.com, said as discrepancies arise in the actual number of coronavirus infections and deaths caused by COVID-19, employees will want to know that their employers have seen the data, considered it carefully and are concerned about workers' safety.
"We all want to know exactly what's going on, but it is very difficult for medical professionals and coroners to quickly ascribe deaths to COVID-19 or other causes," Morton said. "It is logical that there are both more cases and more infections than are being reported, since the testing numbers are still relatively low, and we may not know for years what the true impact has been."
Morton added that employers are in a powerful position to reduce their employees' anxiety. "Employers need to read carefully to understand what the reliable facts are and use them to inform their employees rather than alarm them. Clarity, calm and honesty go a long way," he said.
Morton said HR professionals should consider and educate the leadership team in two key areas:
- How this information impacts the business and employees. Some data could have little to no impact on a company, depending on such factors as location and type of business, while other information could have a severe impact. An outbreak of cases in a city four hours away may not worry the organization's local employees, but if someone's parents live in that city, he or she may be personally very concerned.
- Employee sentiment. It is critical to understand how employees are feeling and how new data can affect their confidence in their safety.
Contact tracing, new coronavirus cases, new hospitalizations, and increases or drops in the number of people dying from COVID-19 will be critical data that will contribute to HR managers' planning.
Human resource professionals should remember, too, that the data are interrelated.
For example, Morton noted that while an increase in deaths reported is alarming, it doesn't necessarily mean that there are more cases; similarly, falling death rates may not mean that transmission today is low. Information about deaths is only one piece of the puzzle.
Developing measures to secure the safety and encourage the performance of employees during the second half of the year won't be easy, especially if there is suspicion that federal, state and local information on the COVID-19 crisis isn't accurate.
"The numbers are really important, and companies need to pay close attention to information which impacts their employees and their customers," Morton said. "While the data can help guide their decisions, HR leaders and company leaders still need to interpret the data. This is true for any information, and so the uncertainty around death reporting is no different. Company leaders need to use their best judgment based on their knowledge of their business, employees and customers."
SOURCE: Lewis, N. (20 July 2020) "Employees Look to HR to Evaluate COVID-19 Data Before Reopening" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/technology/pages/hr-evaluate-covid19-data-before-reopening.aspx
How to Prosper When HR Is Understaffed
The HR department often has many things on its plate when the company as a whole has a lack of staff, but what happens when the HR department has a lack of staff that may be caused due to many situations? Read this blog post to learn more.
One of the hardest parts about working in HR is helping a company's managers succeed when the company is understaffed. But what about when the HR department is understaffed, perhaps due to summer vacations, unfilled positions, or team members working fewer hours as they wrestle with child care or illness during the COVID‑19 pandemic?
HR leaders, whether managing a small or large team, can find the weight of a company's needs overwhelming when their department is short-staffed. But HR experts say there are a range of strategies to help address this situation.
"When an HR team is short-staffed, one of the best things to do is try to understand the goals of the company during this time," said Melodie Bond-Hillman, senior manager of HR and administration at XYPRO Technology Corp. in Simi Valley, Calif. She has had many cohorts reach out and express concern that their jobs have expanded out of scope during the coronavirus outbreak as they attempt to handle a range of new duties amid staff shortages. "They need to try and figure out how long term the staffing issue might be to know how to strategically plan," Bond-Hillman said.
Conversely, it's important not to over-promise when seeking staffing solutions for the department in such an unpredictable environment, said Buck Rogers, a vice president at Keystone Partners, a Raleigh, N.C., executive coaching and outplacement firm. "Don't set your team up for a fall," he said. "You need to keep their spirits up as much as possible, but giving them false hope can make them less likely to trust you in the future."
Rogers recommended against giving the HR team exact dates on when operations will return to normal, because no one can say for sure. Instead, he suggested being supportive—but not unrealistic.
Consider Investing in Automation
One positive step an HR leader can take during a period of uncertainty is to look for opportunities to automate required processes to save time, Bond-Hillman said.
"An important question to research is, how well is your HR system set up? Is it driving a lot of your process so you can automate when possible and give employees a strong range of self-service access?" she asked. "Do you have apps so workers can get their benefit cards and policy questions easily answered without your team being called on to step in too often? From getting their pay stubs to making 401(k) changes, the process needs to give employees a chance to help themselves. These are areas HR may get lazy at when times are easier, but it makes a difference" when times are tougher, as they are today, she said.
Even with shortcuts in place, there are other steps that will help the team operate more effectively. One is to provide new opportunities for team members to broaden their contributions, perhaps by giving responsibilities to HR professionals who are ready for a new challenge.
"This is a chance for them to help you out," Bond-Hillman said. But you can also help HR team members advance their careers or become specialists. "Give them the opportunity to come through for the team and further their career."
And despite potential revenue shortfalls due to the faltering economy, now isn't the time to reduce training. After all, if team members are going to be able to assist you more, they'll need the training to succeed, Bond-Hillman said.
"Yes, there's a feeling you don't have time, but if you don't make the time, it will potentially be a disaster in executing the work," she said. "Many HR people struggle because not everyone is cross-trained."
Seek Inexpensive Support
Seeking part-time help from a temp or college intern is another popular option this summer, said Heather Deyrieux, SHRM-SCP, HR manager for Sarasota County, Fla., and president of the HR Florida State Council, a Society for Human Resource Management affiliate. "We've had an intern just for the first couple of weeks of the summer, and she has been very helpful," Deyrieux said. "You can even look for volunteers—there can be many of those, especially if it's remote work."
Keeping morale up also is important and may be achieved by making sure everyone in the HR department sees team leaders rolling up their sleeves and doing tasks that may have been handled by others before the pandemic. It's also wise for those leaders to keep their office doors open and be available early and late to help answer questions and address issues, Bond-Hillman said. "A team has to be just that–a team."
Debora Roland, a Los Angeles-based vice president of HR at CareerArc, said seeking opportunities to allow the team to recharge is critical. "Your team, however big it may be, is working tirelessly during these times, and showing appreciation can go a long way," she said. "One way to do this is to give team members time off when it's needed. We're all in such high-stress times, and providing days off to recuperate and reset can make a world of a difference."
If providing time off isn't possible given the workload, showing appreciation can help. "Give a gift certificate to their favorite restaurant or something else they like," Deyrieux said. "This way you show appreciation, but you also show them that you pay attention to their interests. People need to know they're not just another employee."
6 Ways to Support an Understaffed HR Team
- Identify the company's primary goals during the pandemic and share it with the team.
- Ease the team's hours through automation or help from a temp, an intern or a volunteer.
- Be in the trenches with team members by taking on menial tasks and arriving early and/or staying late.
- Show appreciation, even if just in a small gift.
- Give additional responsibility that could lead to a promotion.
- Provide training so your team members feel they're in a good position to take on new responsibilities.
SOURCE: Butterman, E. (09 July 2020) "How to Prosper When HR Is Understaffed" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/organizational-and-employee-development/pages/how-to-prosper-when-hr-is-understaffed.aspx
Virtual walks and free chocolate? What workplace pros say the new office will look like
Working remotely has become a new workplace normal and may continue to be so. Although it may be difficult for younger generations to acclimate to this working situation, there may be some benefits to it as well. Read this blog post to learn more.
The traditional office’s days are numbered; the office of the future will be a “collaboration center” with a mix of skeleton staff and remote workers meeting through virtual team walks and group meals via home-delivered Zoom lunches.
Millennials and Generation Z will have problems networking in the new remote work world with fewer face-to-face meetings; and mental health and well-being benefits will become more important than ever before.
Those were some of the predictions of compensation and benefits professionals at the first virtual gathering of the WorldatWork 2020 Total Resilience conference — a digital substitute for an annual conference that was supposed to be held in Minneapolis this year, but was postponed in response to the global coronavirus crisis.
"The office environment will change,” said panelist Steve Pennacchio, senior vice president of total rewards at Pfizer, during an online session on resilience on Wednesday. “Remote work is here to stay.”
Pennacchio said a number of companies will shut down their office space, which will have serious ramifications for commercial real estate and new entrants into the workforce, who will be at a particular disadvantage because of the limits of networking and source building through remote technology.
He suggested more virtual engagement tactics, including virtual walks or group activities, including having teams eat together with coordinated deliveries of lunches or chocolate. “Nothing hurts with chocolate,” he said. During the conference, which will continue with weekly panels through Sept. 2, organizers also hosted social events, including virtual trivia games and online networking.
Pfizer is investing $1 billion on development of vaccines and treatments for coronavirus, he noted. “Hopefully ours and others will work. The world needs more than one,” he said.
Likewise, Susan Brown, senior director of compensation at Siemens, said her company has focused on four key areas of building a team, culture, management team and employees who can adjust to the new environment through virtual meet-and-greet sessions and lunches where all team members must be present visually.
“The relationship builds with seeing each other,” she said. “The camera on changes the dynamic more than a phone call.”
Brown also noted tremendous innovation around talent management happening during the coronavirus crisis. She said that progressive companies have made a quick shift to focus first on the mental health and well-being of staff as a priority, rather than having an emphasis on business metrics.
“The whole conversation changed to focus on people’s health and safely, how they were feeling and empathetic messaging rather than a focus on business results,” she said.
WorldatWork CEO Scott Cawood, who served as moderator, noted that employers’ responses are being closely watched by staff, and other companies.
“COVID-19 doesn’t define who you are; it actually reveals who you are,” said Cawood, sitting alone on a stage with a white chair and house plant, as panelists called in from around the country.
Kumar Kymal, global head of compensation and benefits at BNY Mellon, said the global financial services firm has 95 percent of staff working remotely.
"Times of crisis and change give us permission to rethink the way we do things, and it's an opportunity to decide what really matters to your organization," Kymal said, noting that the company announced that there will be no layoffs in 2020 to put staff at ease.
Management response should focus on “speed, speed, speed,” he said about responding to challenges under the coronavirus crisis, with special attention to empathetic corporate messaging.
Kymal said at his company, management focused on a new framework to address healthcare concerns globally, with a broad overview of their healthcare plans. Second, management focused on addressing stress and anxiety, particularly with attention to messaging and staff feedback. They also put an increased focus on well-being and resilience strategies, and accelerated a mental health program to allow employees to assess their ability to deal with stress. Finally, BNY Mellon improved social connections for managers to lead better on connecting with various teams.
Looking ahead to the return-to-work phase of the crisis, Kymal said the stakes are high. Challenges include dealing with temperature scans, wearing masks, closed cafeterias and social distancing.
“As we're starting to plan what the return to office looks like, it's clear to us it has the potential to become an awful, awful employee experience,” he said. “We really need to rethink and redesign. What does an office experience look like? That's front and center in my mind.”
SOURCE: Siew, W. (08 July 2020) "Virtual walks and free chocolate? What workplace pros say the new office will look like" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/what-workplace-pros-say-the-new-office-will-look-like