Welcome to 2021 – Are you ready?
New year. New laws. New employment and HR challenges.
In the past 30 days, as 2020 became 2021, the big three federal agencies – DOL, EEOC, and OSHA – have all released new guidance and interpretations on a variety of employment law matters. If you own a business or run a company, here are six Human Resource items about which you need to be thinking:
Clear job descriptions - Do they cover remote work/work from home/telework? If not, get them out and update them. Include provisions on whether a job can be flexed to work from home or if it is an-on premises role only. What are the expectations? And most importantly, have you laid out the essential functions? If your job descriptions are one-page summaries, then you really need to revise them. In today’s world your job description should be detailed and Americans with Disabilities Act (ADA)/Family Medial eave Act (FMLA) compliant. With that in mind, a two or even three-page job description is needed to reduce your company’s risk.
Your remote workforce policies - Remote work (telework/hybrid work/work from home…no matter what you call it) for many companies is here to stay. Are you aware of the new travel time opinion or timekeeping guideline for remote workers from Department of Labor? If you have not formalized your policies and integrated the new changes, you could be opening yourself up to compliance concerns and possible employee relations issues. At the very least, you should have an agreement that your teleworkers sign that includes your policies, expectations, and any other special requirements.
Mandating COVID-19 vaccinations - Employers may encourage or possibly require COVID-19 vaccinations, but policies must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 and other workplace laws. So yes, you can mandate it, but an employee with a religious objection or a disability may need to be excused from the mandate or otherwise accommodated - unless undue hardship or the employer can show a direct threat. Union employers must also consider their obligations arising from the National Labor Relations Act (NLRA) and their collective bargaining agreement.
New Families First Coronavirus Response Act (FFCRA) - The FFCRA, which requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19, expired on December 31, 2020. However, covered employers have the option of continuing FFCRA until March 31, 2021. Yes, you can voluntarily provide workers with FFCRA leave through March 31, 2021. The DOL did leave open some clarifications and guidance. But from an employee relations and consistency position, you need to be prepared with a direction here.
Field Assistance Bulletins - As employers continue to meet the challenges presented to their businesses by COVID-19, and as telework arrangements and virtual communication increasingly provide solutions, the U.S. Department of Labor’s Wage and Hour Division (WHD) continues to provide additional guidance for employers and workers alike. Most recently, Field Assistance Bulletins (FAB) were issued regarding electronic posting by employers via email or an internet or intranet website to provide employees with required notice of their statutory rights under a variety of federal labor laws. The other FAB addresses when WHD will consider telemedicine an “in-person” visit for the purposes of establishing a serious health condition qualifying for protection under the FMLA.
OSHA Guidance and Standards – The Occupational Safety and Health Administration (OSHA) often tells you what to do but not how to do it. Through the whole COVID-19 pandemic, OSHA has issued primarily Guidance. In other words, they have strongly suggested many things to do. There is only one OSHA-issued specific COVID Standard and that involves what is recordable and what is reportable in regard to COVID-19 incidents. Yet, OSHA has issued close to $4 million dollars in coronavirus violations! Organizations need to recognize and control COVID-19 hazards, develop an Infectious Disease Preparedness and Response Plan, and develop policies to protect the company from legal action resulting from COVID-19 issues.
These six items are just the proverbial “tip of the iceberg.” There are more changes coming every day, and now, with a transition to a new administration in Washington, DC, you can look for increased modifications, interpretations, and revisions of many federal laws. In fact, many employment law experts expect federal agencies to begin moving from the current “guidance-mindset” to one of “enforcement” as more auditors and investigators are hired.
Ask yourself: Are you prepared for an audit? Are your employment practices fair and consistent? Can they keep you safe? Are you the “knight” of your organization in charge of guarding “the castle”? If so, then “armor Up,” it is going to get tough out there.
So, welcome to 2021… Are you ready? If not, let StepUp step in to help.
StepUp HC is a boutique Human Capital firm and our team is ready to step in and help step up your HR defenses. Compliance with Culture is how we do business. Need help? It’s time to StepUp@stepuphc.com!
