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Tag: COVID-19

Posted on May 12, 2020June 29, 2023

You have every right to be a đ˜€đ˜°đ˜·đ˜Șđ˜„đ˜Șđ˜°đ˜”, and we have every right to fire you for it

termination, covidiot, workplace violence, gun, weapon
“Covidiot: A person who acts like an irresponsible idiot during the COVID-19 pandemic, ignoring common sense, decency, science, and professional advice leading to the further spread of the virus and needless deaths of thousands.”
A Dallas law firm has terminated the employment of a document services manager after it discovered his threatening, offensive, racist and very public Facebook post taking issue with mandatory face masks.
“No more masks. Any business that tells me to put on a mask (Whole Foods on Lomo Alto) in Dallas will get told to kiss my Corona ass and will lose my business forever. It’s time to stop this BULLSHIT. Do I have to show the lame security guard outside of a ghetto store my CV19 test results? I will show him my Glock 21 shooting range results. With Hornady hollow points. Pricey ammo, but worth it in this situation. They have reached the limit. I have more power than they do…..they just don’t know it yet.”
Bain’s post, which any reasonable person would interpret as just plain wrong, resulted in his termination. As my friend Eric Meyer pointed out yesterday (borrowing from a comment on the Facebook page of Bain’s former employer): “Freedom of speech doesn’t mean freedom from consequences for that speech.”
In other words, you have the right to your opinion, no matter how offensive. But once you share that opinion publicly, we have the right to fire you for it 
 coronavirus or no coronavirus.
COVID-19 might have temporarily upended our world, but just cause for termination is still just cause for termination. So please don’t be a covidiot. Employers don’t like firing people under the best of circumstances. We especially don’t like doing so now. But we will if we have to.
Posted on May 6, 2020June 29, 2023

How do parents return to work without available child care?

Samsung service, child care, parent

Child care is the issue that has gotten the least attention in discussions about employees returning to work.

As states begin to slowly reopen and return employees to work, working parents are left wondering who will care for their children if schools, day cares and camps are closed.

The Families First Coronavirus Response Act provides working parents with some relief with its 12 weeks of paid child care-related leave. But that law has limits.
  1. It does not apply to businesses with 500 or more employees, and businesses with less than 50 employees can exempt themselves from the childcare-related leave provisions.
  2. It limits an employee’s leave allotment to 12 weeks, meaning that if an employee started taking childcare-related paid leave when the FFCRA took effect on April 1, he or she will exhaust their paid leave on June 24.
  3. It does not apply if there is anyone else available to care for an employee’s child(ren) during the employee’s working time.

And the FFCRA does not account for parents who are stretched the point of exhaustion, working their full workdays remotely, and then working another full workday managing child care-related responsibilities. Consider the following hypothetical from the New York Law Journal.

Maya is an investment banker in New York City and typically works a 10-hour day. Maya has a nanny care for her infant daughter while she is at the office. During this pandemic, Maya is forced to work at home and her nanny is unable to help. Maya now has to handle a 10-hour/day job using less-than-ideal remote access technology—her remote desktop does not operate as smoothly as her office computer; she has one screen on her home computer as opposed to three in her office; she does not have direct access to her assistant or her other staff; she does not have the full panoply of office supplies and other corporate-level printing and copying, etc. With all these hindrances, Maya must work 12 hours to accomplish the same work she previously did in 10. On top of that, she must care for her infant daughter all day, which conservatively involves approximately eight hours of direct, hands-on attention. For Maya to cover her responsibilities (minus any time for even a short break), she must work a 20-hour day. And, she must do this every day, indefinitely, until the circumstances of this pandemic change.

Or consider, for example, Ohio Gov. Mike DeWine, who on May 5 said that some K-12 schools are considering starting the 2020–21 school year on a split schedule. Half of a school’s students would attend in-person classes on Mondays and Tuesday, and the other half of Thursdays and Fridays. Students would distance learn on the days they aren’t in school in person.

This plan is great for helping schools manage social distance, but it’s terrible for working parents who are left scratching their heads figuring out who will help manage distance learning and otherwise watch their children on the days they aren’t in school, and who will provide child care after school.

What’s an employer to do?

1. Don’t discriminate. Family responsibility discrimination remains unlawful under Title VII. While federal law does not expressly include “family responsibility” as a protected class, the EEOC has long held that Title VII’s prohibits discrimination against parents as parents if you are treating some more favorably than others (e.g., dads better than moms, or men better than moms). There are also, a few states that expressly prohibit parental discrimination. If, for example, you have to make decisions about layoffs, you should be considering whether working parents are disproportionately included.

2. Consider accommodations to aid working parents. Work from home is already an accommodation, but there are others that could help here. Modified work schedules (which the Department of Labor favors in its FFCRA guidance), designated breaks, and the provision of additional work supplies such as laptops and printers could all ease the burden on parents working from home. Our goal here should be helping employees figure out solutions to get their job done, not harming employees (and the business) by erecting barriers that prevent it.
3. Finally, and most importantly, flexibility is key. Ohio’s Stay Safe Order mandates that manufacturers, distributors, construction companies, and offices allow employees to “work from home whenever possible.” If employees can work remotely, let them work remotely. Flexibility, understanding, and compassion is the best answer I can offer for the foreseeable future.
Posted on May 5, 2020June 29, 2023

The new normal: Navigating workforce challenges during and after the pandemic

remote work, mask

The COVID-19 pandemic has catapulted workforces around the world into remote work or a different environment than what employees are used to. 

Businesses are making adjustments to their operations in adherence to social distancing and in joining the fight to curb the pandemic. 

As the search for a vaccine continues, it seems like flexible work will be here to stay.  But what does that mean to the workforce? And what must managers do to help navigate the new normal involving remote work?

Same principles, different times

Jacob Morgan, an author, speaker and  authority on leadership, employee engagement and the future of work, said in a recent blog post that more companies will embrace flexible working arrangements. 

remote work, mask“With the current pandemic, millions of people around the world are working from home,” he said. “This will likely continue over the coming months but even after the pandemic is over, I expect we will see a dramatic rise in flexible work arrangements. However, in order for these efforts to be successful organizations need to use a new set of digital technologies and embrace a new way of working.”

Morgan also wrote about the things top companies do to succeed at implementing flexible arrangements during COVID-19 and even after the pandemic. He mentioned implementing the right kind of technology according to an organization’s unique objectives.

“Before rushing to pick that shiny new collaboration and communication platform, focus on developing a strategy which will help you understand the ‘why’ before the ‘how.’ This is crucial for the success of any collaboration initiative,” he wrote. “You don’t want to be in a position where you have deployed a technology without understanding why. Especially during this pandemic, make it clear what the desired goals are so everyone is on board.”

Aside from implementing suitable solutions, Morgan also highlighted the importance of collaboration, measuring the right metrics, leading by example and listening to the voice of the organization, among others.  Morgan explained the challenges in applying them and practical ways to overcome them. 

“Collaboration should never be seen as an additional task or requirement for employees,” Morgan wrote. “Instead collaboration should fit naturally into their flow of work. For example, with my virtual team of ten employees turning on Skype every morning and looking at what’s going in Asana is how we all start our day, it’s not an afterthought or something additional we do 
 it’s how we get things done.”

He reiterated that collaboration is an ongoing initiative and goes beyond simply rolling out initial guidelines, thinking that it will stand the test of time. It’s all about adjusting and being agile to changes. 

“It’s important to remember that collaboration is perpetual,” Morgan wrote. “It’s a never ending evolution as new tools and strategies for the workplace continue to emerge. This means that it’s important for your organization to be able to adapt and evolve as things change. Keep a pulse on what’s going on in the industry and inside of your organization. This will allow you to innovate and anticipate. So many organizations were caught off guard by this pandemic because they had neither the tools, the training, the leadership, or the guidelines to help make flexible work successful.”

Clear course of action is vital

The pandemic has disrupted global workforces. Management consultancy Gallup has seen massive changes in different aspects of work and employee life, and they are seeing record levels of stress and worry among the U.S. workforce. So how are employers faring in terms of their response?

Leaders need to have a clear course of action and communicate it clearly to their employees. A survey from Gallup shows that 52 percent of employees strongly agree that their employer fared well in terms of sharing information to them about the next steps. 

Technology is key to implementing action plans

Having a strategy is just half of the battle. The other half is implementing it. Technology plays a crucial role in that.

A workforce management platform is helpful in this regard as it can help you operate efficiently beyond borders, staying on top of your operations, and improving overall communication with staff. It can help you automate and customize certain processes and adjust quickly to market changes. 

There’s a lot of factors at play when managing a workforce, especially so at a time like this. It’s vital to have the right solutions in place that will help you focus on enriching your people and equipping them to do their best even in this era of remote work and beyond. 

Posted on May 5, 2020June 29, 2023

One state is encouraging employers to report AWOL employees to unemployment agency

technology; workplace communications; internal communications

Last week I asked how employers could encourage employees to return to work when unemployment benefits pay them more than their jobs.

One suggestion I offered was to hit employees with the stick of unemployment-benefit termination.

Employees who refuse return-to-work offers might be disqualified from collecting further unemployment benefits (unless their refusal is because of coronavirus), and you can advise employees that refuse a recall that you will be asking the state to terminate their benefits.

Late last week, the state of Ohio provided a clear reminder to employers of the validity of this threat.

According to cleveland.com, “The Ohio Department of Job and Family Services has set up a webpage – and sent emails to employers Friday night – telling them to report workers who don’t return so they can get reevaluated and potentially lose unemployment benefits.” That email says in part:

Ohio law prohibits individuals from receiving unemployment benefits if they refuse to accept offers of suitable work, or quit work, without good cause. 


If you have employees who refuse to return to work or quit work, it’s important that you let the Ohio Department of Job and Family Services (ODJFS) know so we can make accurate eligibility determinations.

Employers are then encouraged to visit https://secure.jfs.ohio.gov/covid-19-fraud/ to report their AWOL employees.

As for employees who refuse to return to work over safety concerns? ODJFS says that if a reasonable person would not feel safe returning to work to that employer, an AWOL employee still might qualify for benefits.

Non-essential businesses have begun to reopen in Ohio. Employers, you need to be 100 percent transparent about the steps you are taking and measures you are implementing to help keep your employees as safe as possible from contracting COVID-19 at work. Otherwise, you risk a mass exodus, and employees might opt for unemployment over the jobs you offer them.

Posted on May 4, 2020June 29, 2023

Labor compliance software sorts through complex legal issues

thanksgiving, soup

Labor compliance software is an innovative way to manage the overwhelming alphabet soup of laws, regulations and agencies that govern the workplace.

Labor compliance software; alphabet soupHR practitioners must recognize the regulatory distinctions of the FMLA and FLSA and navigate the nuances between the ADA and ADAAA. What are the latest regulations surrounding the ACA? Can a misstep with COBRA come back to bite them? And SOX 
 is that a professional baseball team or a law protecting corporate whistleblowers?

If assessing guidance from agencies including OSHA, DOL and EEOC wasn’t enough to cope with, labor compliance software is a must-have now as the coronavirus invades organizational policies. HR leaders and corporate counsel must quickly familiarize themselves and understand the implications of implementing workplace laws surrounding a new bowl of alphabet soup — PPP, FFCRA and the CARES Act.

 The value of labor compliance software

Maintaining corporate compliance with government regulations isn’t easy. Besides knowing what agencies actually do and how regulations affect employers, labor laws are dense, complex and confusing. A single unintentional compliance misstep by an organization can lead to a costly and time-consuming lawsuit with the potential to disrupt or even bankrupt a small, growing organization.

Compliance solutions allow organizations to avoid a trip to court and more easily comprehend constantly changing federal, state and local legislation. Employers can disseminate policies to employees, provide guidelines for regulatory enforcement and manage confidential documents all while saving money by easing time-consuming, onerous reporting rules.

Workforce management systems typically assist with traditional compliance issues while a specialized compliance solution takes employers beyond the basics and provides expert guidance on critical regulations. It can be like having a team of legal experts at your fingertips with minimal expense.

Labor compliance software also allows businesses to communicate company and legislative policies to their employees.

Key areas for compliance software

Regulatory software helps an HR department remain in compliance across all organizational departments. According to peer-to-peer software review site G2, there are business functions and the germane laws that can be undertaken by labor compliance software:

Benefits — Affordable Care Act (ACA); Consolidated Omnibus Budget Reconciliation Act (COBRA); Health Insurance Portability and Accountability Act (HIPAA); Genetic Information Nondiscrimination Act (GINA); Fair Labor Standards Act (FLSA); Family and Medical Leave Act (FMLA).

COVID-19-related policies — Coronavirus Aid, Relief, and Economic Security Act (CARES Act); Families First Coronavirus Response Act (FFCRA) and Payment Protection Program (PPP).

Labor and employment relations — Labor union updates (AFL-CIO, AFGE, SEIU, etc.); Department of Labor (DOL); Equal Employment Opportunity Commission (EEOC); National Labor Relations Board (NLRB); Office of Federal Contract Compliance Programs (OFCCP).

Payroll — Fair Labor Standards Act (FLSA); Federal Insurance Contributions Act (FICA); Federal Unemployment Tax Act (FUTA); Sarbanes-Oxley Act (SOX).

Risk — Employee safety is a top priority for all organizations. Compliance software can manage and track guidance and enforcement by the Occupational Safety and Health Administration (OSHA).

Companies needing compliance software

No organization is immune from U.S., state and local labor laws. True, regulations often vary depending on factors including employee count. A four-person mom-and-pop shop does not face the same labor compliance regulations as a multinational company.

Yet it is crucial that company policies remain up to date and comply with changes in legislation. Despite the expense a lawsuit can present, many smaller organizations are hesitant to call on legal resources simply based on costs. Those concerns can be streamlined by compliance software.

Small companies have difficulty keeping up with changes in compliance because they lack the manpower, and HR departments are already stretched thin or responsibilities are divided among employees as collateral duty. There is no point person to track and update compliance regulations.

Compliance is particularly crucial to navigating the maze of workplace issues. Municipalities and some states have instituted fair workweek policies in the past two years with more on the horizon.

In the wake of the #MeToo movement, mandatory sexual harassment prevention training is compulsory in six states. Compliance training, employee handbooks and more can be structured and simplified with a compliance solution.

Small and midsize organizations in particular have difficulty keeping up with HR compliance regulations as new legislation is continually introduced. When the HR team is small (or even just one person), their bandwidth quickly becomes strained.

Sorting through the alphabet soup of labor regulations can be an eye-glazing exercise for employers. Labor compliance software helps them to spell out attractive cost-savings, easy-to-use solutions and avoid unintentional noncompliance.

Posted on April 29, 2020June 29, 2023

Ohio governor’s explanation why masks are only recommended falls woefully short

essential workers; workers' compensation, mask

I tuned in April 28 to Ohio Gov. DeWine’s briefing to learn why Ohio had changed its stance on face masks and coverings from “mandatory” to “recommended best practice.” His explanation falls way short.

The governor offered two explanations, both based on feedback he received from constituents in the hours after his original pronouncement.

  1. Masks are offensive to some, who don’t like the government telling them what to do.
  2. Masks can be problematic for people with disabilities.
The answer to point No. 2 is as easy as three letters: A-D-A. The ADA allows employers to modify work rules as a reasonable accommodation for an employee’s disability. If a mask or face covering causes an issue for someone with a disability, the solution is to offer that individual an accommodation.
Maybe you segregate the employee so he or she does not come into contact with anyone else. Maybe you permit that employee to work from home. Maybe you grant a leave of absence until the risk abates. The point is that the employer and the employee have options other than the state modifying a rule that puts everyone at a greater risk of infection.
Which brings me to point No. 1. The governor said, “I understand some people may find that offensive, the government telling you what to.” Yet, if I’m choosing between offending some people and safety, I’m choosing safety 10 times out of 10. As I pointed out yesterday, everyone wearing masks or facial coverings reduces the risk of transmissions and infection down to a virtual zero.

Models show that if 80 percent of people wear masks that are 60 percent effective, easily achievable with cloth, we can get to an effective R0 of less than one. That’s enough to halt the spread of the disease.

One of the things we absolutely must do to combat the spread of COVID-19 is to wear masks or other facial coverings when at work or in public. While there are studies that question the ability of masks to protect people from the virus, we are not wearing masks to protect ourselves from catching COVID-19.

We are wearing them to protect others from us spreading COVID-19 to them. Thus, if everyone covers their face in public, we will protect everyone by limiting the spread of this virus. It’s just that simple, not difficult to comprehend, and not an affront to personal liberty.

So here’s my bottom line. Anyone who refuses to wear a mask in public because it’s offensive is selfish, thoughtless and doesn’t give a damn about the well being of their fellow humans, period.

I’ll be continuing to wear my mask when around others in public. I sincerely hope that for the well being of all others, you will too.

Posted on April 27, 2020June 29, 2023

When employees return to work, consider these guidelines

return to work policies

As the debate over relaxing pandemic stay-at-home policies continues, researchers at Harvard caution that it is not safe to restart the economy until officials can perform 500,000 tests per day nationwide — a 350,000 per day increase over the current capacity.

With such guidance being considered to reopen schools, businesses and recreational facilities, organizations must be prepared regardless of the timing. Reopening the economy after a deadly, global pandemic isn’t as simple and flipping a switch and returning to normal. There are many considerations employers must address as employees return to the physical workplace. 

Also read: How to use technology in your internal communications strategy

What employees and employers fear when people return to the work

While many employers want to “rev up the economic engines of their businesses,” they know that if this is not done safely, they risk a second wave of COVID-19 cases and another shutdown, said Michael R. Jaff, professor of medicine at Harvard Medical School, former CEO of Newton-Wellesley Hospital, and member of The Castle Group’s COVID-19 Response Task Force.

return to work policiesEmployers may also have concerns for employees who say they are “ready” to return to work and what ready even means in the context of a global pandemic, according to Dr. George Vergolias, medical director for behavioral health consultancy R3 Continuum. People are ready in the sense that they want their personal lives, jobs, and financial security back to normal, but they’re also worried about personal safety and exposure to COVID-19 if the pandemic is not yet over. 

“It is at such times when we must use our amazing capacity to tap into our resiliency and ability to adapt,” Vergolias said. “It’s important for leadership to both acknowledge the possible struggle in transitioning back to work, and yet don’t expect difficulties in a way that creates a self-fulfilling prophecy.”

Workplace policies and protocols should address employees wanting their employers to keep them physically and emotionally safe as a return to work begins, Vergolias said — physical safety in the sense of being protected from COVID-19 exposure and emotional safety addressing their anxieties and fears.    

Employers must have a clear reentry plan with informed safety protocols and resources to help employees with the emotional adjustment of transitioning back to work, he said. 

Jaff also suggested that a thoughtful return-to-work plan will include clear information about the importance of maintaining safe distances, wearing masks, frequent hand washing, and cleaning all surfaces. Employers also should establish policies for sick employees before they can return to work as well as a clear plan for employees who become ill on the job. 

Hart Brown, senior vice president of crisis preparedness at R3 Continuum, noted that organizational protocols will need to be based on federal, state and local guidelines and, in some cases, based on the industry the company operates in. 

A company’s protocol will need to be flexible, he said. Crisis management during a pandemic requires forecasting and the plan may need to change. 

“Constantly adjusting the two to three-week forecast will allow for better decisions today and the ability to avoid being overwhelmed and learning by surprise,” he said. 

Dana Udall, chief clinical officer at behavioral health provider Ginger, stressed the impact of COVID-19 on employees’ mental health even after the restrictions loosen. She cited an Employer Health Innovation Roundtable survey, which found that 60 percent of employers are not satisfied with their company’s response to employee emotional and mental health during this crisis and that employers are expecting a growing need for mental health resources.

The quarantine has increased the risk of many mental health issues. People in drug or alcohol recovery may start abusing again in quarantine. Social isolation also may negatively impact people with depression or anxiety. And the stay-at-home orders have meant an increase in domestic violence, which has both physical and mental effects. 

“It’s clear that while the peak in the bell curve of COVID-19 cases may be in sight, the mental health peak has yet to come — and when it does, it will likely have a long tail,” she said. 

Employers can acknowledge the return-to-work anxieties employees may have by clearly communicating that they can take time off to manage their mental health, making up for vacations or family visits they may have missed during the quarantine. Employers can also communicate the behavioral health resources available in benefits plans, like coaching, therapy or psychiatry. 

Allison Velez is the chief people officer at Paladina Health, which employs both non-essential corporate workers who can work remotely and essential medical professionals who must be on-site.

Velez agrees that continuing to allow employees to work remotely is an important policy. Employers need to have a flexible, sympathetic approach for people in different home situations.

One strategy Paladina Health uses is a regularly scheduled, bi-weekly video call in which clinical staff can ask the organization’s chief medical officer anything and get real-time answers. Employees can voice concerns, get answers and feel like they’re being heard.

“Organizations need to, as they think about bringing employees back to work, continuing to emphasize listening channels like surveys, focus groups, town halls or open calls,” she said. “Continuing that two-way dialogue between the employer and the employee is critical right now, and finding every avenue to do that allows companies to stay on top of the new arising concerns that employees may have as they return to work — or, if they’ve already been at work, continuing to stay healthy at work.”

An employer’s response is critical, Velez said, and not only for the health and safety of the workforce. How well or poorly they respond will impact the employer brand. 

“No organization wants to be in the headlines about a major outbreak right now,” she said. “That’s both because we want to keep our employees safe and healthy, and it’s also because it’s a reflection of the employment brand and how seriously companies are taking this.” While reputation isn’t the primary concern for employers, “it’s a potential unintended consequence if employers aren’t taking the right steps.”   

Companies must make sure to seek scientific, accurate, clinical information, Velez said. This can help leaders and managers disseminate factual information about COVID-19 rather than the myths and misinformation people often hear. Also, they need to make sure they’re on top of HIPAA regulations, especially as companies and their health plans are now increasingly relying on different technology or virtual tools such as telehealth to help employees rather than in-person care. 

How quickly will restrictions be phased out? 

Despite protests for quarantines to end and normal life to begin again, it’s not that simple. Many factors of COVID-19 make the return to normalcy complicated, Jaff said. It is highly infectious and causes serious illness and death, and it is difficult to predict who will suffer from it. It’s still unknown whether those who have recovered are immune to getting it again. And there’s no definitive treatment or vaccine yet. 

“It is important that the loosening of the stay-at-home orders be done very slowly and quickly reversed if there is a recurrence of hospitalizations and emergency department visits,” Jaff said. “A resurgence in the fall, if timed with the annual seasonal flu season, could be more devastating than what we have just experienced.” 

One area of confusion among employers is that because COVID-19 is a new virus, experts may have different opinions simply because people have not been studying the virus very long, Vergolias said. Some medical experts are calling for further social distancing, while others are suggesting that leaders should begin easing those measures. 

“My recommendation for employers and leaders is to frequently update your understanding and knowledge of medical recommendations from known, credible resources and then disseminate that information to your employees in an accessible and pragmatic manner,” he said. “In general, providing timely and practical medical information coupled with emotional support resources is a solid two-pronged approach.”

Posted on April 26, 2020June 29, 2023

A coronavirus DOL settlement of a Families First Coronavirus Response Act case

employment law, labor law, overtime records

It did not take long for the Department of Labor to announce its first-ever settlement of a claimed violation of the Families First Coronavirus Response Act.

The DOL’s press release provides the details:

Bear Creek Electrical – an electrical company based in Tucson, Arizona – will pay one employee $1,600 for refusing to provide him sick leave under the newly passed Emergency Paid Sick Leave Act after health care providers ordered him to self-quarantine with potential coronavirus symptoms.
WHD investigators found that Bear Creek Electrical failed to pay the employee for what qualified as paid sick leave covering the hours he spent at home after the company received documentation of his doctor’s instructions to self-quarantine. The employer will pay the employee’s full wages of $20 an hour for 80 hours of leave.
 Bear Creek Electrical also agreed to future compliance with the FFCRA, which went into effect on April 1, 2020.
“This case should serve as a signal to others that the U.S. Department of Labor is working to protect employee rights during the coronavirus pandemic,” said Wage and Hour District Director Eric Murray in Phoenix, Arizona.

You’ve been warned. If you are not providing your employees the paid coronavirus leave to which they are entitled, the DOL is watching.

Posted on April 23, 2020

Your employees walk out in protest over coronavirus-related working conditions. Now what?

COVID-19, coronavirus, public health crisis
This week, Amazon workers are protesting what they view as unsafe working conditions. 300 workers from 50 facilities will skip their scheduled shift to protest Amazon’s treatment of warehouse workers.

According to United for Respect, the worker rights group organizing the protest, says that the Amazon employees are hoping to accomplish the following.

  • When an employee tests positive for coronavirus, the immediate notification of all employees at the facility, and the closure of the facility for two weeks with full pay.
  • Regular and deep cleaning of all facilities, including after a positive test.
  • The provision of proper safety equipment to all employees, with training on effective use.
  • 14 days of paid sick leave for anyone with symptoms and 12 weeks of emergency paid family leave for employees to care for loved ones who get sick.
  • Healthcare for all Amazon employees.
  • Hazard pay, including time-and-a-half during the crisis and childcare pay and subsidies.

Amazon employees are not unionized, and this isn’t a strike. It’s a short-term walkout of non-unionized employees. Just because these employees aren’t unionized, however, doesn’t mean that their walkout isn’t protected. In fact, it’s very protected. The National Labor Relations Act covers employees who engage in protected concerted activity—meaning that employees have the right to talk between and among themselves about terms and conditions of employment, including walking off the job in protest.

Also read: What a business operating in the time of coronavirus cannot look like

An employer’s first instinct might be to fire the instigators (as Amazon is accused of doing). That would be a big mistake. The NLRA protects employees from retaliation after engaging in protected concerted activity. It’s also just a really bad look, especially now.

Instead, I’d view these protests as a wake-up call.

For starters, we know that one or more labor unions are in employees’ ears helping them organize their walk-outs. A mass walk-out could easily lead to a mass walk-in to the nearest NLRB field office to file an election petition. Don’t offer the union more ammo by firing the organizers.

Secondly, this type of protest offers employers an amazing opportunity to heal some wounds. Amazon likely won’t offer these employees each item on their laundry list of demands, but it should consider all of them and offer those that can be accommodated.

These employees just want to feel safe and know that their employer takes their concerns seriously. At the end of the day this is not that big of an ask, and treating it as such only makes the situation worse.

Also read: The rise of the sick, distressed and oppressed worker

Also read: The role of businesses in addressing a public health crisis

Posted on April 22, 2020June 29, 2023

I was (mostly) correct on the intersection between employer-provided paid leave and leave under the FFCRA

essential workers; workers' compensation, mask

Last week I took a stab at making sense of the messy and unclear rules surrounding the substitution of employer-provided leave (which, for the sake of simplicity, I’ll refer to as (“PTO”) for paid sick leave (“EPSL”) and expanded Family and Medical Leave (“EFMLA”) under the Families First Coronavirus Response Act.

I was (mostly) correct.

Also read: How to calculate PTO versus traditional sick leave and vacation policies

On April 21, the Department of Labor published its 5th set of FAQs discussing the FFCRA. Question 86 squarely addresses and clarifies the intersection between employer-provided paid leave and leave under the FFCRA.

1. An employer may not require that PTO run concurrently with—that is, cover the same hours as—EPSL.
2a. An employer may require that PTO run concurrently with the paid weeks of EFMLA. PTO that runs concurrently with EFMLA will enable the employee to receive 100 percent of his or her daily pay plus the EMFLA benefit (two-thirds of her or her regular rate of pay, capped at $200 per day and $10,000 in total). Note, however, that the FFCRA’s payroll tax credit only reimburses the employer for the paid leave provided under the Act, not for any concurrent PTO applied. Once an employee exhausts all available PTO, EFMLA is continued to be paid out of the statutory two-thirds rate.
2b. Alternatively, an employer and employee may agree to top off the two-thirds EFMLA pay to an amount equal to 100 percent of the employee’s regular pay. Again, the FFCRA’s payroll tax credit only reimburses the employer for the paid leave provided under the Act.
3. An employee may elect—but an employer may not require the employee—to take EPSL or PTO (but not both) during the first two weeks of unpaid EFMLA.

Crystal clear, right?

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