Rick Bell – Page 12

September 16, 2020June 29, 2023

305 Fitness works out pandemic woes while pumping up employee health

New York-based 305 Fitness bills itself as “a dance cardio workout with a live DJ. It’s fun, wild, and hard AF.”

As COVID-19 took hold earlier this year, leaders of 305 Fitness faced a workout of their own that was hard AF — and gravely serious. With indoor dance studios featuring black lights, lots of neon and Miami club scene-inspired music, 305 Fitness was forced to close its brick-and-mortar locations in New York, Washington, D.C., and Boston, as well as pop-up studios in Chicago, San Francisco and Los Angeles. Revenues immediately plummeted by 90 percent, said 305 Fitness Chief Operating Officer Sam Karshenboym.

There were difficult conversations with landlords regarding rent abatement in the short term. They also made as many cuts as possible to keep the business afloat, Karshenboym said.

“The bulk of the cuts came down to really, really difficult decisions we had to make in HR and staffing,” he said. “We reduced our full-time team from 28 to 10. And we had to furlough all of our 250 part-time employees across six cities. All remaining full-timers on the team took a very significant pay cut.”

Health care for fitness staff

Stories of such drastic cuts sadly are all too frequent in a pandemic-ravaged business world. Like other fitness centers and health clubs nationwide, remaining open to the public as the pandemic set in was not an option. But in a business climate where every dollar counts, 305 Fitness executives opted to retain its health coverage for remaining employees.

Also read: View your schedule at a glance and make changes as needed.

“We wanted to offer access to health care,” Karshenboym said. “It’s one way that we can support our team in a way that made it easy for them and also works for us financially.”

305 Fitness retained its partnership with concierge health provider Eden Health. Concierge health — a subscription-based, membership medicine business model — is one health care alternative that’s become more attractive for smaller companies wanting to provide employees with 24-hour digital care, same-day in-person primary care, and behavioral health services.

The fitness company initially contracted three years ago with Eden Health, which in August announced an infusion of $25 million in Series B funding, bringing its total to $39 million in venture capital raised. Eden Health is known for its direct-to-employer health care delivery model, “bringing in-person and virtual health care together to deliver an exceptional patient experience to the employees of mid-market companies,” according to an August press statement announcing the funding.

Also read: Decentralized scheduling in nursing helps care for health care professionals

“We received a lot of feedback from our team about how grateful they were that they got to use Eden Health during quarantine,” Karshenboym said. The 305 Fitness staff is primarily in their 20s and 30s, he added, and depending on the role, they are paid hourly or per class.

“It’s great during the pandemic for obvious reasons. It’s virtual care in a time when all you can do are virtual things. I worked closely with our director of HR to unveil it some time ago, and it’s been a really great experience.”

Protecting employee safety

Karshenboym said some staff members have used the pop-up clinics, and in October they will provide flu shots to 305 Fitness staff at an Eden Health clinic.

305 Fitness, health — 305 Fitness COO Sam Karshenboym.

“While we weren’t able to offer health insurance for our part-timers, we were excited to offer Eden Health as a great health-related perk,” he said.

As fitness studios nationwide were shut down in March, 305 Fitness faced many unknowns at the time, primarily around asymptomatic carriers potentially spreading COVID-19. There also was the daunting task of transitioning to a virtual working world with a pared down staff.

“The bulk of what we’re doing is still virtual,” he said. “What is in person is our outdoor classes, where we are requiring 6 feet social distancing before and after class; 15 feet during class; and masks before and after class.”

Transparency and supporting the team

To help supplement its revenues 305 Fitness offers digital certification for instructors living outside its studio markets to teach 305 techniques locally. They have certified over 300 people since March who are teaching either virtually or outdoors in their communities, Karshenboym said.

“It’s been a challenging year for all of us, at 305 and outside of 305,” he said. “I know we’re not unique in that way. It’s really just about how we as a company support our team members and our community as best as we can. The free daily workouts offered on YouTube have been a primary way we’ve been able to stay connected to our community on a daily basis. We really try to have them be fun and carefree and high energy and silly and a sort of momentary outlet to de-stress and disconnect from reality.”

Case study: With safety a top priority, Easy Ice slipping past COVID-19 challenges

Despite the cutbacks Karshenboym said they aren’t hiding anything from their staff. Transparency has been key to engaging their employees, he said.

The fitness company hosts free daily morning meditations for employees and its client base, as well as free workshops around self-care, resilience, confidence, and staying productive through Eden Health. Earlier this summer, 305 Fitness offered over $40,000 in creative grants to furloughed staff to support them in their creative pursuits and projects, he said.

“We’ve been offering as much transparency as we can as a leadership team through town halls, regular emails, check-ins, whatever we can do to offer the team more information into what we’re doing, why we’re doing it, how we plan to get through the pandemic and survive this,” he said. “There’s so much unknown in the world, and if we can make things known, at least within the world of 305, that makes it a little bit easier for our team to navigate this time.”

See wage costs in real-time and adjust staffing levels and assignments to drive profitability with Workforce.com’s Live Wage Tracker.

September 14, 2020September 14, 2020

DOL issues revised FFCRA regulations; what’s changed and what hasn’t?

employment law, labor law, overtime records

In early August, a New York federal district court judge issued an order invaliding several key provisions in the DOL’s FFCRA regulations. Last Friday evening, the DOL responded with revised regulations that left most of its prior regulations intact, while also make a few common-sense amendments.Here’s what the DOL did, and did not, change in response to the court’s order, and why.

1. The DOL reaffirmed that an employee may only take paid sick leave and expanded family and medical leave under the FFCRA if the employee has work from which to take leave, and if there is no work available, no leave may be taken.According to the DOL, this interpretation is entirely consistent with the statute’s requirement that an employer must provide its employees FFCRA leave to the extent that an employee is unable to work (or telework) due to a need for leave “because” of or “due to” a qualifying reason for leave. As summarized by the DOL, “[I]f there is no work for an individual to perform due to circumstances other than a qualifying reason for leave—perhaps the employer closed the worksite (temporarily or permanently)—that qualifying reason could not be a but-for cause of the employee’s inability to work. Instead, the individual would have no work from which to take leave.” Thus, “an employee may take paid sick leave or expanded family and medical leave only to the extent that any qualifying reason is a but-for cause of his or her inability to work.” This interpretation avoids the perverse result of an employee being on furlough and not receiving a paycheck, but still qualifying for paid leave.

2. The DOL reaffirmed that where intermittent FFCRA leave is permitted (i.e., for leave taken to care for a son or daughter because their school or place of care is closed, or their child care provider is unavailable, because of COVID-19), an employee may only take such leave intermittently upon the approval of his or her employer.The DOL left these regulations untouched for two reasons. First, limiting intermittent leave to child-care-related absences furthers the policy of limiting employees who have potentially been exposed to COVID-19 from entering the workplace. Secondly, requiring employer approval is consistent with similar leave available under the FMLA, which should “avoid unduly disrupting the employer’s operation.

3. The DOL revised its overly broad definition of “health care provider” for purposes of the statutory exemption.This change is the most significant one in the revised regulations. The original regulations permitted an employer to exempt anyone who worked in healthcare or related to healthcare, whether or not they were an actual health care provider. Thus, maintenance workers, or workers for medical device or pharmaceutical companies, could be deemed “exempt” from the FFCRA. The DOL has now tightened the definition to mirror the definition of “health care provider” in the FMLA, and now covers only physicians and others who make medical diagnoses, and those capable of and employed to provide diagnostic services, preventive services, treatment services, or other services that are integrated with and necessary to the provision of patient care.

4. The DOL corrected an inconsistency about when an employee may be required to give notice to his or her employer of the need for expanded family and medical leave.The DOL amended the FFCRA’s regulations so that they are consistent with the FMLA’s requirements for advance notice. Now, notice of the need for expanded family and medical leave is required “as soon as practicable.” (The regulations previously prohibited advance notice for any leave under the FFCRA.)

5. The DOL clarified that the information the statute requires an employee to provide his or her employer to support a request for FFCRA leave must be given as soon as practicable.The regulations now provide that an employee is required to give the required documentation for FFCRA leave “as soon as practicable,” and not prior to taking the FFCRA leave.

These are common sense, business-friendly changes to the FFCRA’s regulations. Moreover, given that the Act sunsets on Dec. 31, 2020, it’s unlikely (but not impossible) that New York or another state will take another crack at striking down the revised regulations before the Act’s expiration.

September 10, 2020June 29, 2023

PFS dials up a rapid work from home solution for its call center staff

Call centers typically are staffed by dozens, if not hundreds of employees during any given shift.

Most employees sit at workstations in relatively tight quarters in large, open rooms as they assist customers tracking an order or seeking to initiate a return. Such work environments, however, had to undergo an immediate makeover in March as the COVID-19 pandemic set in. By June, a remarkable 42 percent of the U.S. labor force was working from home full time, according to Stanford University research.

Dallas-based PFS, a global ecommerce call center provider for high-profile consumer brands including Yves Saint Laurent, L’Oreal and Asics running shoes, was well aware of the pivot it needed to make. Immediate, wholesale changes in where and how its call center employees worked was imperative given safety and social distancing regulations.

With an accelerated shift to online shopping, it was crucial for PFS employees to provide uninterrupted service to customers as company executives sought solutions to keep its employees healthy and productive, said Dawn Brewster, vice president of PFS global customer care.

Some employers had difficulty implementing a productive work-from-home model. Companies with large hourly employee bases faced time and attendance concerns as well as legal hurdles. But PFS, whose hourly workers account for about 90 percent of its employee base across its four contact centers, was ahead of the curve, Brewster said.

Also read: Shift scheduling strategies can be improved through technology

“Creating a work-from-home model in such short notice amid a pandemic was a challenge at first,” Brewster said. “We needed to prioritize our employees’ safety and ensure our clients received the same level of customer experience, regardless of where agents were operating from.”

PFS quickly built a model that helped employees emotionally and physically, Brewster said, adding that they conceived and implemented a work-from-home plan in just two weeks.

“The urgency to shift our call centers remotely without any lag in output for our clients was a challenge that our team was able to rise above,” she said. “We designed a solution that translated our typical processes and technology to a remote solution, ensuring that any operational shifts were designed with the employee in mind first.”

Case study: Safety as a top priority helps Easy Ice slip past COVID-19 challenges

PFS employees remain 100 percent remote through the company’s work-from-home model, which allows employees to avoid the complications COVID-19 presents for normal in-office experiences, Brewster said.

“We have made our employees’ mental and physical health our top priority,” she said. “Through Communities in Microsoft Teams, employees can interact with other employees to ask questions or share best practices for how to respond to various customer requests, much like they would on-site at the contact center. We have done everything possible to simulate an on-site environment to support our agents through this difficult time.”

PFS continues to operate multiple shifts through its work-from-home model, Brewster said. Employees clock in remotely using various time-and-attendance platforms, she added.

“Multiple shifts are standard practice for us,” she said. “We typically have six to seven shifts running between 7 a.m. to 11 p.m., depending on client’s requirements. We can support as many shifts required, up to and including 24/7 support.”

To date PFS has not reopened its centers. Yet PFS executives have been pleasantly surprised at the results of implementing a work-from-home policy, said Brewster, who has been at the forefront of making sure PFS’ remote work model was a success.

Also read: Workforce tracking solutions do not always track with company culture

What began as a response to an immediate need to prioritize employee safety actually resulted in improved contact center metrics, she said. Employees are happy to be working from home and it shows. Quality assurance review rates have improved as supervisors and managers maintain employee engagement through increased team and individual meetings, she said.

“PFS has seen a drop in attendance issues and we’re experiencing lower attrition rates across clients,” Brewster said. “We helped our employees transition to working from home, giving them all of the necessary tools to be successful. This has led to an overwhelmingly positive response from both clients and employees. We have increased our quality-assurance review rates, and supervisors and managers are maintaining employee engagement through increased team and individual meetings.”

Given the immediacy of such a drastic shift in its workforce, PFS executives adhered to patience and adaptability to shift employees to remote work environments. Brewster suggests other organizations should consider breaking up shifts to offer flexible scheduling, adopting new technologies and increasing communications and training with its employees.

“Embracing these shifts offers an immense upside for organizations,” she said. “We’ve seen increased performance and happier employees since the shift to work from home. Additionally, we have been able to expand our recruiting capabilities now that we are no longer tied to a physical location.”

Do time logs right and let everything follow by integrating it with other vital parts of managing your staff. From ensuring the right person clocks in for the shift to paying staff correctly, it all starts with the Workforce.com Time Clock App.

September 8, 2020October 7, 2021

Diversity training is the opposite of ‘anti-American’

Late last week, Russell Vought, the director of the Office of Management and Budget, issued a memo directing that from this point forward, the federal government will spend zero federal dollars for diversity training for its employees. Why? Because President Trump has concluded that diversity training is “divisive, anti-American propaganda.”

According to the memo, “All agencies are directed to begin to identify all contracts or other agency spending related to any training on ‘critical race theory,’ ‘white privilege,’ or any other training or propaganda effort that teaches or suggests either (1) that the United States is an inherently racist or evil country or (2) that any race or ethnicity is inherently racist or evil.”

It continues, “[A]ll agencies should begin to identify all available avenues within the law to cancel any such contracts and/or to divert Federal dollars away from these un-American propaganda training sessions.”

Diversity training is the opposite of anti-American, and canceling it will only serve to drive us further apart. We need to teach differences, not hide from them.

We as a nation are more divided than we have ever been during my lifetime. In fact, I’d argue that we are more divided than we’ve been since the Civil War.

Race continues to be the line that divides us the most. Ignoring this issue won’t fix the problem, and likely will only make it worse. We will not fix America’s race problem by pretending that it doesn’t exist. Not only does it exist, but it is perhaps that which defines us best as American. Our nation is one with an unnerving history of slavery, which has caused 155 years (and counting) of race relations problems.

Germany, for example, does not pretend that Holocaust never happened. Instead, it reckons with its horrific past by teaching the Holocaust in its schools and making illegal Nazi symbols and language. Yet, some of us Americans still want to whitewash our history and fly Confederate flags. We don’t fix out race problems by pretending they don’t exist or aren’t problems at all.

Employee diversity training is critically important, perhaps now more than ever. We all should be committed to the cause of fair and equal treatment of all Americans. Canceling diversity training, however, is a big step in the wrong direction away from the goal of equality for all.

September 7, 2020June 29, 2023

How to cultivate innovation in the workforce

Innovation is key to an organization’s success, but what is it really? Workforce.com recently caught up with Victor Assad, managing partner of InnovationOne, LLC and author of “Hack Recruiting: The Best of Empirical Research, Method and Process and Digitization,” to discuss how companies can foster innovation and see actual results from doing so.

DEFINING INNOVATION IN THE WORKFORCE

Workforce: We always hear that innovation is key to success in an organization. But what does it really mean?

Victor Assad: It means that an organization is churning out innovations that drive financial value in products, services, or new business models for its customers in a manner where it leads its peers. Typically, for companies to do that, they have to know what their customers need, and secondly, they need to have great cultures of innovation that are very transparent and very agile.

WF: How can companies start innovating and see actual returns or impact from these activities?

Assad: Organizations need to first think through where they need to innovate. What is their desired end state, and how quickly do they need to get there? Is it new products? Is it new services? Is it a new business model? Is it digitizing their processes to move more quickly? Or a combination thereof?

To get that vision, they need to reach an agreement among the executive staff and articulate it to their workforce and external partners. It’s important to articulate it so often and so fervently that executives feel nauseated by talking about it. And when you’re nauseated talking about it, then they have made a good first step.

The next thing is to share data on new technologies, social-economic trends, and marketing trends with the workforce and external partners, who can also be customers. Invite employees and partners to get involved. Executives have to make sure that their middle management is on board with this and that they will be leaders who will entertain questioning and allow people to collaborate, go off on their own, come up with something and experiment. They need to have a well-known process to move ideas forward. Everyone has to know that process, and it has to be credible. Meaning, everybody that makes a suggestion is going to get a response. It might be yes, It might be no and here’s why.

Finally, organizations have to overcome what I like to call, the graveyard of innovation. And that is to get your organization’s attention to commercialize your innovation. Different functions like marketing, sales, manufacturing, service centers, and quality assurance are all focused on making the numbers for this quarter. You have to work very hard to get their attention to produce this new innovative product and develop a market for it.. That’s very different from what all those functions do for a mature, profitable product.

WF: Innovation takes time and resources. What return or value can organizations gain with innovation activities?

Assad: At Innovation One, we have an index that measures innovation. And organizations that score on the top quartile have 22 percent higher financial measures like profit.

In addition, they attract the best talent. They lead in the market. And when they keep these cultures going, they have all sorts of significant financial returns and other good things that happen to them.

TECHNOLOGY AND INNOVATION

WF: Are there certain types of technology that can help with innovation?

Assad: Every company these days needs to be a digital company. Helpful technologies include big data analysis, (true) artificial intelligence, digital project management software, and chatbots to accelerate communications. Coronavirus, the digital era, our politics have exposed every organization’s weak points. And the first ones to figure out the new normal are going to be the winners as we re-emerge.

Remote work and the pandemic uncovered that there’s a false narrative about innovation — which is you have to work together, face to face, to be innovative and collaborative. While there are advantages to that, you can also do it digitally. There are tools for whiteboarding, internal crowdsourcing, and project management. I’ve been to virtual meetings where you have 60 people, and you can all go into digital breakrooms and come back as if you’ve had a day at a conference.

According to a study from McKinsey, companies that lead in adapting these digitization tools, not just in R&D, but in sales, marketing, supply chain and across the HR platform — the early movers get the best returns.

WF: How can organizations find the right type of technology to invest in?

Assad: Artificial intelligence and digital technology are tools, not a strategy. What’s important for the chief people officer and the executive team is to determine what’s important for talent strategy in the workforce. Do you want to get rid of all the paperwork and have more digital streams of information? Terrific. Prioritize that.

The advice that I would give is to only buy digital tools that are 80 percent out of the box. Don’t buy something that they say would be under development and given to you in three months by the time they will launch it for you. Buy 80 percent out of the box and go in there knowing the criteria for your needs, whether it be to improve your recruiting, talent management, driving out bias, or improving diversity and inclusion.

Companies need to be very good at using an approach to involve the workers to put in place new technology. Digitization efforts may fail, and technology may not be used broadly when there’s a lack of worker involvement and collaborative culture.

INNOVATION IN HIRING TO RETENTION

WF: Is there a connection with HR or workforce management tools and how innovative an organization is?

Assad: Yes, there is. HR has the same tools that have been available to different functions like sales and marketing and R&D. It’s time HR use those same tools to build an employee brand for new employees and current employees. These tools are data analysis, artificial intelligence and chatbots.

Technology now can help in finding, tracking, and screening the best talent without bias.

So what’s the leading cause of bias in the hiring process? The human being. So human beings have an incredible amount of unconscious bias that is there to protect us. It may be something we experienced. It may be something that we have been taught as children or culturally taught.

But research shows that we make decisions in five minutes about somebody, and we spend the rest of the interview trying to verify that decision we made. And you need to break that. A great way to break that is through a structured interview where you’re going to see if somebody has the competencies you need on the job. You need to be trained to interview this way.

Another way is to use artificial intelligence before the interview. There are tools that go on the internet, and they take the competencies that you need and find those who exhibited those competencies by where they worked or what they put on their online resume. This is very different technology than a LinkedIn or an Indeed search.

The artificial intelligence technology ranks results from top to bottom candidates. It gives you the ranking, but you don’t see a job candidate picture. You don’t see a name until you’ve picked a group of candidates based on the competency and experience matching. And then, you can unblind it, learn more about the job candidates, and reach out to them.

It’s not going to protect unconscious bias in the interview. Hopefully, structured interviews will. It’s also actually fantastic for matching people who are already in your applicant tracking system but haven’t applied for a job opening. It can find that talent in an instant where a recruiter would be hunting for many hours inside their applicant tracking system.

Another area where technology can help is by quickly providing information to staff. Most HR (and IT) organizations get the same 20 questions regardless of the company. A chatbot can answer these common questions, like when does open enrollment begin? How do I get into a VPN when I have lost my code? Where do I get information about onboarding? Chatbots or intelligent digital assistants curate these data and enable employees to find answers quickly in Teams or Slack, allowing HR staff to focus on other matters.

These technologies can foster innovation from the get-go by helping find the right talent. While others equip them to have easy access to information, allowing them more time to focus on activities for innovation.

FOSTERING A CULTURE OF INNOVATION

WF: Culture is an essential element in innovation. Why is it necessary, and how can companies foster that?

Assad: Without innovation companies will fall behind the competition in our fast changing, digital world. Protecting the status quo is a sure bet for failure. The empirical evidence shows that companies seldom become innovative from one great idea or technology. It takes a culture of innovation. Innovation requires an evolution of ideas that are continually developed by their workforces and external partners, aligned to common goals. Executives foster this by continually articulating their strategies for innovation, deploying innovation goals, sharing competitive information, promoting real time learning, inviting employees to suggest ideas and collaborate, and providing an easy and well known process to advance ideas, prototype, collect data, and make decisions rapidly.

A lot of organizations these days have only a compliance culture. Do what I tell you to do and don’t ask questions. Companies employ this to assure goal attainment, quality and reliability because nobody wants a pacemaker that won’t work. No one wants to fly on a jet where the engine is going to conk out. We need to have good reliability.

Companies can have both predictable quarterly results and innovation. It is a matter of focus. HR has a big role in this culture change by realigning the goal setting and performance management systems to motivate and reward innovation and quarterly goal achievement. When executives prioritize excellence for this quarter’s goals and their best innovation projects, great business outcomes are achieved.

September 3, 2020June 29, 2023

Safety as a top priority helps Easy Ice slip past COVID-19 challenges

Considering that a worker is injured on the job every seven seconds, prioritizing employee safety is of utmost importance for virtually all organizations.

While such a figure is staggering, the National Safety Council says that each one is preventable. Employers can teach and hopefully minimize the back strains and falls of everyday employee safety, but once the pandemic hit in early March, organizations faced an unforeseen challenge and were largely unprepared to address the issues COVID-19 presented to a healthy workplace.

While there was a bit of breathing room for companies that could send employees home to work, others including Marquette, Michigan-based Easy Ice, scrambled to find safety solutions with little time to spare. As a national ice machine provider, Easy Ice provides an essential service. Its employees are essential workers, which meant company leaders had to quickly create a safety plan for workers while still servicing its customers.

Also read: Automate how your staff clocks in and out and cut hours of admin work each week.

Easy Ice Safety Manager Ryan Mahru was assigned to design a reopening plan specific to Easy Ice while also keeping in mind the different conditions for its 200-plus employees in 14 locations across the United States.

“The first step was making sure all of our employees followed best safety practices,” said John Mahlmeister, co-founder and chief operating officer of Easy Ice. “We created a COVID response task force that meets weekly to discuss emerging technology and update our best practices. We also consulted the OSHA Occupational Risk Pyramid, which classifies workplace exposure risk into lower, medium, high, and very high.”

Safety for in-office and field employees

A comprehensive 17-page preparedness and response plan spelled out protocols for in-office employees and field technicians servicing commercial ice and water dispensers for other essential employers including manufacturing plants, hospitals and fast-food restaurants.

Technicians were provided with latex gloves and eye protection when servicing ice machines in the field. They also were limited to one individual per vehicle when traveling between jobs, Mahlmeister said.

Case study: Hoffer Plastics’ ‘family first’ philosophy puts people over profits

“We also factored in industry-specific scenarios where our employees were most likely to have in-person contact and we were able to adjust some of our protocols,” he said. One example, he said, was allowing technicians to give verbal confirmation that a job was completed versus doing it in-person.

A safe return to the office

All Easy Ice offices, which house about 60 percent of the company’s workforce, are now open, Mahlmeister said. There are no-touch thermometers at each sanitization station so employees can check their temperature, and Hepa air filters were installed to help reduce the number of airborne particles floating throughout the office.

“Policies and mandates differ from state to state,” he said. “So we followed a gradual return in accordance with local guidelines and COVID testing numbers. In areas where we identified it would be safe to reopen offices, employees were given the option to continue to work from home for extenuating circumstances, such as caring for high-risk family members.”

Also read: Knock out the practice of buddy punching for good

To assure compliance, all branch managers perform a routine safety audit to identify areas for improvement and ensure compliance with federal guidelines, he said. Branch managers also attend weekly safety briefs where leadership shares new and emerging safety information to prevent coronavirus in the office. Managers also conduct training sessions with employees to ensure these safety measures are implemented into daily practices.

Addressing the emotions

Taking care of the physical side of employee safety was crucial. But Mahlmeister and his team realized they needed to address the emotional side of a pandemic that has deeply affected workers.

“Changing work conditions can be stressful for employees, so we created programs to ensure our team stayed healthy and happy throughout the pandemic,” he said. Easy Ice’s workforce is made up of 74 percent hourly while the remaining 26 percent are salaried employees. Some 40 percent of the workforce is dedicated to serving customers in the field, he said.

Also read: Labor tracking in an increasingly complex legal environment

“Transparency was key,” he said. “We held all-employee meetings monthly during the height of COVID so employees knew that Easy Ice was standing strong through uncertain times.”

Like many organizations, Microsoft Teams became a staple of the work day to help employees physically and emotionally.

“Activities include yoga, healthy breathing and chair exercises, lessons to help parents with home schooling, urban gardening classes and photo and recipe-sharing events,” he said.

The comprehensive plan has helped Easy Ice employees endure the pandemic. But this is not short term, Mahlmeister said.

“Safety should be every company’s top priority,” he said. “I encourage all employers to create an effective response plan while consulting health organizations and recommendations made by professionals. When employees feel safe coming to work, it will allow for a boost in morale and ensure they are able to focus completely on the job.”

Managing and scheduling an hourly workforce can be a challenge in the best of times. With so many employees working virtually give them the convenience of the Employee Scheduling App so you can manage your business from anywhere.

September 1, 2020

Vaccines — can an employer require them; should an employer require them?

There are currently more than two dozen COVID-19 vaccines in development worldwide as pharmaceutical companies race to perfect a viable vaccination to halt the ongoing pandemic.

When (and it’s a big when) one or more vaccines becomes available, can an employer require it of their employees as a condition of employment?

When the EEOC initially published its guidelines on pandemic preparedness 11 years ago (in response to the H1N1, aka Swine Flu pandemic) it answered this question with a “yes.”

In response to the COVID-19 pandemic, the EEOC reissued its guidance.

May an employer covered by the ADA and Title VII of the Civil Rights Act of 1964 compel all of its employees to take the influenza vaccine regardless of their medical conditions or their religious beliefs during a pandemic?

No. An employee may be entitled to an exemption from a mandatory vaccination requirement based on an ADA disability that prevents him from taking the influenza vaccine. This would be a reasonable accommodation barring undue hardship (significant difficulty or expense). Similarly, under Title VII of the Civil Rights Act of 1964, once an employer receives notice that an employee’s sincerely held religious belief, practice, or observance prevents him from taking the influenza vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship as defined by Title VII.

ADA-covered employers should consider simply encouraging employees to get the influenza vaccine rather than requiring them to take it.

Here’s the thing. While the EEOC says that employer can’t require “all” of its employee to take a vaccine, an employer actually can require a vaccination subject to reasonable accommodation exceptions for ADA disabilities and sincerely held religious beliefs.

But just because an employer can mandate vaccines for most employees doesn’t necessarily mean that it should. Instead, I fall back to the EEOC’s closing statement about “encouraging employees” to get vaccines.

Mandating what employee does with his or her body feels too invasive and Big-Brothery to me. I’d prefer that employers arm employees with the knowledge they need to make an informed choice about the benefits of inoculations, and then strongly encourage employees to make the scientifically and medically responsible choice.

August 31, 2020August 31, 2020

Court finds no cause of action when employer watches employee give a urine sample for a drug test

Is the privacy of an at-will private-sector employee invaded when a representative of the employer watches him or her give a urine sample for a workplace drug test?

On Aug. 27, in Lunsford v. Sterilite of Ohio, the Ohio Supreme Court answered this question in the negative.

The facts of the case are not complicated. Sterilite required “direct observation” of its employees providing a urine sample pursuant to its reasonable suspicion and random workplace drug-testing policy. It sends an individual of the same sex to accompany the to-be-tested employee into a restroom to visually observe the employee producing the sample. Its goal is to prevent the employee from cheating the drug test.

Two years ago, the appellate court held that employees “have a reasonable expectation of privacy with regard to exposure of their genitals,” and that “the compelled exposure of their genitals and compelled urination before a stranger intruded upon that privacy.”

The Ohio Supreme Court, in a narrow 4-3 decision, disagreed.

[W]e recognize that workplace drug-testing policies implicate employees’ privacy interests.… [T]he facts in the complaint demonstrate appellees did consent to the use of the direct-observation method. …

[W]hen appellees individually reported for the collection of their urine samples, they were advised by the same-sex monitor that the direct observation method would be used. At that time appellees had a second opportunity—consent or refuse—and appellees consented by their action. …

Sterlite had the right to condition employment on consent to drug testing under the direct-observation method, appellees had the right to refuse to submit to the direct-observation method, and because appellees were at-will employees, Sterilite had the right to terminate their employment for their failure to submit. Because Sterilite had the legal right to terminate appellees’ employment at any time, appellees’ argument that their consent was involuntary because of their fear of termination necessarily fails. …

When an at-will employee consents, without objection, to the collection of the employee’s urine sample under the direct-observation method, the at-will employee has no cause of action for common-law invasion of privacy.

In other words, employees voluntarily consented to the “direct observation” by submitting to the drug screen instead of quitting their jobs or refusing and being fired. While I certainly understand the at-will nature of their jobs, I’m troubled by the fact that direct observation was imposed across the board, without limitation for the specific interest the employer was trying to uphold (i.e., employee cheating).

Thus, what advice would I provide if a client asks me about implementing a “direct observation” policy?

I’d ask, “Why?” What are you trying to achieve? Are there less obtrusive means available to prevent employees from cheating a drug test (e.g., searches before they enter the restroom, pat-downs, etc.)? Does it make more sense to limit direct observation to situations in which you have a reasonable suspicion of cheating?
Make sure all employees have notice of the direct observation and when you might use it. Put it in your drug-testing policy, and have employees sign off on it as an express condition of employment. With notice and consent, they can’t complain about any invasion of privacy (legal or illegal), as they’ve voluntarily given up that right.

Just because Ohio’s Supreme Court gave a thumbs-up to Sterilite’s policy in this case does not mean that the policy makes for a good HR practice that you should adopt. Instead, consider the specific goals you hope to advance with your drug-testing policy, and tailor it accordingly.

August 26, 2020August 27, 2020

Incentive plan gives EMTs a new reason to ride with Ambulnz

A career as an emergency medical technician can be a demanding grind.

While there are clear rewards in such a compassionate, public-facing job, an EMT typically works long shifts, juggles hectic schedules and gets mediocre pay. Median compensation for EMTs and paramedics was $17.02 in 2019, according to the U.S. Bureau of Labor Statistics.

A 2018 survey from the American Ambulance Association found that poor pay leads to high turnover among those working in the emergency medical services industry, which sees an annual turnover rate of 25 percent among full-time EMTs.

Facing turnover and retention concerns like much of the rest of the EMS industry, executives at Ambulnz sought solutions to retain its EMTs. The New York-based non-emergency, on-demand ambulance service sought to improve medical transportation through innovative technology, a higher level of care and better compensation for EMTs.

Retaining employees through incentives

In order to get the most qualified first responders, Ambulnz designed a novel benefit for its 1,200 hourly employees. The Equity Incentive Plan was created to encourage, recognize and reward exceptional performance for its employees, said Ambulnz President Anthony Capone.

Also read: Automate how your staff clocks in and out while cutting hours of admin work each week.

“We have been speaking about creating the Equity Incentive Plan for a couple of years and fully put it into effect for 2019,” Capone said. “It’s a path to entrepreneurship and the ability to build meaningful careers in the ambulance service.”

Capone pointed out that Ambulnz, which operates in eight states including New York, New Jersey, California, Texas and Illinois as well as the United Kingdom, distinguishes itself from the typical on-demand company such as Uber and Lyft through its business model.

“On-demand ride share companies have a business-to-consumer model, provide point-to-point transportation as an alternative to a taxi service and use independent contractors to provide their service,” Capone said.

“Ambulnz has a business-to-business model, provides medical transportation and we own our fleet of ambulance vehicles and employ full-time EMTs and paramedics.”

Ambulnz offers different levels of services ranging from a wheelchair-bound patient transport to a critical care transport, he said. When a patient needs to be moved to a new facility for treatment out of a hospital, outpatient treatment clinic, doctor, dialysis or chemo center, a pickup can be scheduled through the Ambulnz app, Capone added.

Case Study: Hoffer Plastics’ ‘family first’ philosophy puts people over profits

The vast majority of Ambulnz’s 1,300 employees are W-2, and only full-time employees are eligible for the incentive plan, he said. It differs from a startup’s typical equity compensation plan, he added.

“Usually startup companies provide equity compensation to new hires to entice them to bet on a relatively unknown company,” he said. “We are an established, growing company with over 1,000 employees. While it is not uncommon for tech startups to offer equity compensation for employees, Ambulnz is the only company in the medical transportation industry that offers this benefit to frontline employees.”

The incentive program was created to reward employees for their exceptional performance, he said. With that in mind, they decided to provide 2,000 equity units for each 500 trips eligible employees take in the previous year.

“This is based on volume, but performance is taken into account when employees become eligible for the program,” Capone said.

Besides the incentive plan, Ambulnz offers a base salary, medical benefits, bonuses and an optional “model program” for EMTs that offers them the ability to earn more than the national average for their profession, Capone said.

“EMTs who enroll are paid in part based on the number of calls they respond to,” he said. “In addition, EMTs are encouraged to stop by different outpatient centers, such as nursing homes, to introduce themselves, explain Ambulnz, and drop off a business card.”

Capone said the incentive program helps employees feel like they are part of the Ambulnz team and inspires them to do their best. They officially launched the program by issuing awards for employees 2019 trips, so there aren’t metrics to share yet, he said.

“The announcement has certainly energized our workforce, and numerous employees are inquiring about their 2020 trip counts to see how they’re tracking for this year,” Capone said. “Since its rollout, the plan has been a successful way to attract, retain and motivate our employees.”

There’s no need to wait until it’s too late to adjust the flow of work. You can see wage costs in real time and adjust staffing levels and assignments to maximize profitability with Workforce.com’s Live Wage Tracker.

August 24, 2020July 24, 2024

Coronavirus update: Back to school

Today is my kids’ first day of school. Not virtual school. Not distanced learning. Not a hybrid model. In-person school. I just returned home from dropping them off for their respective first day of high school and middle school.

We are blessed to have the resources to send our kids to small, independent private school that is uniquely positioned to open for full-time in person learning in the midst of a pandemic. With approximately 400 students in the entire school across grades K-12, class sizes are already naturally small. With a 93-acre campus, many classes will be held outside. With no cafeteria, lunch time is greatly simplified. It’s the perfect school to educate in-person while we live with COVID-19. And it has a great plan to keep my kids, the rest of the students, and its faculty and staff as healthy and safe as reasonably possible.

But this will be a different school year. Everyone will be masked. There will be no interscholastic sports. Certain classes have to be modified. For example, my daughter was accepted into its School of Fine Arts as musical theater major, yet there won’t be any group singing for the foreseeable future. And for the school year, my wife and I will be the bus (something made easier by the fact that we are both working from home, as the school is 25 minutes from home in the opposite direction of both of our workplaces).

Which brings me to the point for today’s post. This school year will require all employers to be flexible, understanding, and empathetic. Gone are the days when parents will be able to send kids who wake up with a cough to school. Employees will have children at home with them, who will need varying degrees of support and hand holding through the work/school day. Employees will serve as transportation to and from school. Employees will have to drop everything when the school calls to let them know that a child is ill, or when a sick child is at home or, worse, hospitalized. Many schools that are open close during the school year.

Those employers who provide nimbleness and compassion will have an engaged and thankful workforce. Those who only offer rigidity and animosity will foster resentment and lose employees. I know which type of employer I want to be and for which I’d want to work. Be that employer.

As for me, I hope this is the only first-day-of-school when my kids’ smiling faces are hidden behind COVID masks.

Finally, today I was going to write a treatise of the legal issues back-to-school raise in a COVID world, but my friend Jeff Nowak beat me to it at his FMLA Insights blog. I cannot more highly recommend his thoroughly excellent post on this topic.