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Tag: COVID-19

Posted on December 2, 2020December 2, 2020

Coronavirus update: Congress must extend the FFCRA

Capitol Building, joint session of Congress

The Families First Coronavirus Response Act, the federal law that provides paid sick and family leave to employees for COVID-19-related absences, ends in 29 days. By its terms, the law sunsets on Dec. 31.

On Dec. 1, news broke of a new coronavirus relief bill that Senate Majority Leader Mitch McConnell will put forward. It will include important measures such as the extension of unemployment insurance expansions for another month, another round of Paycheck Protection Program (PPP) small business assistance, and additional funding for the USPS, schools, testing, and vaccine distribution.

What doesn’t it include? Any extension of the FFCRA.

COVID-19 isn’t going to magically disappear on Dec. 31. If anything, we’ll be in the midst of the virus’s current surge and the situation will be worse and more dire come January 2021 than it is now. You will have more employees needing time away from work because of their own illnesses, the illnesses of family members, and the closure of their children’s schools. Yet, they will lack any federal protections for this time off.

Congress needs to extend the FFCRA now. Otherwise, millions of employees will be left without leave and without job protection as they and their families battle this virus.

Employers, you need to assume that the FFCRA is going away to start 2021 and spend some time over the next few weeks figuring out your own plan for your employees.

  • Will you grant your own paid sick and family leave in lieu of the federal benefit?
  • Will you merely rely on your existing PTO/vacation/sick leave benefits?
  • Will you grant unpaid leaves of absence but not offer any additional paid leave to employees?
  • Will you do nothing and force these employees out of your business?
These are difficult choices to make during difficult economic times. But you need to make them and you need a plan, as it appears that Congress will not provide one for you for 2021.
Posted on November 25, 2020November 26, 2020

How to support employees’ mental health under changing COVID-19 restrictions

mental health, resources, health care, etc.

One of the critical workforce issues during the pandemic is managing mental health as employees deal with the impact of remote work, reduced hours and restriction changes.

Videoconferencing fatigue, blurred lines between home and work life and fear of getting sick are challenges employees contend with as they navigate the pandemic. But as months passed, coping with changing restrictions added up to these issues. 

In the U.S. alone, restrictions have changed over time in each state; some tightened while others eased up. Likewise, in the U.K., a national lockdown has been imposed again until Dec. 2 with restrictions likely to continue as the U.K. introduces a new tier system. More than the impact on operations, such changes also affect employees’ mental health. Employers need to ensure that staff can cope with being back at work when these lockdowns and restrictions are lifted.

Encourage employees to take time off

With working dynamics disrupted, employees need to have some space to recharge and cope. 

Managers can stay on top of staff time off through a leave management solution. With this in place, approving leave requests and optimizing employee schedules based on who is available becomes easier and more efficient. 

Adjust working patterns to reduce overworking and minimize contact

Rotate teams in groups to prevent overworking and minimize infection risks. The Workforce.com platform allows managers to create segmented teams to work on rotational schedules.

Also read: Staying resilient: 10 ways to use Workforce.com to manage the impact of COVID-19

Stay transparent and connected

It’s vital to make everyone feel that they’re part of a team. Transparency is vital to effective workforce management, especially during this time. 

Keep your staff informed and ensure that communication lines are always open for them. Workforce.com’s chat feature allows for instant communication between teams or individuals. It can be used to share essential information, celebrate wins and milestones, and allow everyone to stay connected. 

Another way to ensure transparency is by setting custom events via the Workforce.com platform. It’s ideal for communicating operational changes to the team, such as reduced business hours or scheduling changes. That information will be visible to the schedule and mobile app, making it easier for staff to stay in the loop.

Implement wellness action plans

A wellness action plan is a way to spot mental health issues and identify the type of support employees need from their managers and leaders. It acts as a framework for staff to recognize the steps they need to manage their mental health. At the same time, it opens up avenues for managers and employees to work through experiences, address issues and support the team’s overall wellbeing. 

A wellness action plan should have approaches to promote mental health. It should also have ways to identify poor mental health, stress triggers, impact on performance, support needed from leaders, action steps for both employee and manager, and a regular schedule to review the plan. 

Companies can also consider subscribing to wellness apps or services to better support their employees’ mental wellness. Services that offer virtual counseling services can help employees cope and process their feelings and experiences, especially during the pandemic. 

Also read: How to recalibrate work dynamics and embrace digital transformation in a post-pandemic workplace

Establish a support system for leaders and managers

Managers and leaders are in a unique position of facing the pandemic and taking care of a team. They equally need a support system that will help them identify best practices for managing their teams. Forming groups or seeking out advice from mentors and other industry professionals is a good first step. 

Constant communication and transparency helps bond a workforce, whether in the office or remotely. Keep your employees’ wellbeing in mind and keep in touch with Workforce.com’s Workforce Chat.

Posted on November 20, 2020

The 12th nominee for the “Worst Employer of 2020” is … the Bad Bettor

Do you remember that scene from The Deer Hunter where Christopher Walken plays Russian roulette in a betting parlor, while the patrons place bets on whether he’ll live or die with every pull of the revolver’s trigger? That’s what I thought of as I read the allegations in Fernandez v. Tyson Foods, and not in a good way.

According to the lawsuit, while COVID-19 was running rampant through Tyson’s Waterloo, Iowa, facility, the Plant Manager “organized a cash buy-in, winner-take-all betting pool for supervisors and managers to wager how many employees would test positive for COVID-19.”

That’s just the tip of the iceberg of allegations in this wrongful death lawsuit, originally filed by the family of the late Isidro Fernandez, one of at least five employees who died of the virus. Indeed, according to their local health department, more than 1,000 workers at the plant, representing over one-third of the total workforce, contracted the virus. The lawsuit claims that Tyson Food demonstrated a “willful and wanton disregard for workplace safety.”
The recently filed amended complaint, which includes allegations concerning the betting pool, adds even more meat to the bone of these unsafe working conditions.
  • Despite the rampant spread of the virus within the plant, Tyson Foods required its employees to work long hours in cramped conditions without personal protective equipment and without following other workplace-safety measures.
  • In mid-April, just before the betting pool was created, the county sheriff visited the plant and reported that the working conditions inside “shook [him] to the core.”
  • An upper-level manager directed employees and supervisors to ignore COVID-19 symptoms, not to get tested, and to continue working, and supervisors falsely denied the existence of any confirmed cases or positive tests among the workforce.
  • Tyson paid $500 attendance bonuses, which actually incentivized sick employees to continue working.
  • All the while, managers avoided the plant floor for fear of contracting the virus, and executives lobbied Iowa’s governor for COVID-related liability protections.
For it’s part, Tyson Foods vehemently denies these allegations and suspended all managers accused of taking part in the betting pool (seven months after the fact).
If you place bets on which of your employees will contract a deadly virus, while you continue to take active steps that expose them to a greater risk of contracting that virus, you might be the Worst Employer of 2020. And thank you to all of my readers who sent me this very worthy nominee.
Posted on November 17, 2020

Retaliation under the FFCRA is as illegal as is retaliation under any other employment statute

child care, work from home

MaryJo Delaney is suing her former employer after it demoted her from her management position following her return from a COVID-related layoff, for which she had volunteered so that she could stay at home with her 9-year-old son whose school was closed.

When her governor locked down the state early in the pandemic, her employer remained open as an essential business. It offered a voluntary layoff to anyone who wished to avoid the risk of contracting the virus. Delaney chose that option to care for her son.

She returned to work in May when the company recalled all laid-off employees. She requested to work limited hours, again because of her need to care for her son, but was told that reduced hours would result in a demotion. Instead, her employer permitted her to shift her hours to account for her child-care needs.

According to her complaint, however, her employer started to “overly scrutinize and nitpick [her] work performance and subject[ed] [her] to unfair criticism” upon her return to work. That criticism led to her demotion, which led to her resignation, which led to her lawsuit claiming violations of the Families First Coronavirus Response Act.

If your business has fewer than 500 employees, your employees have a right under the FFCRA to take leave to care for their child(ren) whose school is closed or whose childcare provider is otherwise unavailable because of COVID-19. If you interfere with that right or retaliate against an employee who takes such leave, you are violating the FFCRA.

That said, an employer isn’t powerless in this situation.

  • You can offer remote work for employees who can perform their jobs away from the workplace. If you make remote work available, an employee does not qualify for FFCRA leave.
  • You can offer a flexible work schedule to allow an employee to flex his or her hours around their childcare-related needs, which would also obviate an employee’s right to FFCRA leave.
  • If you have fewer than 50 employees, you might qualify for the small-business exception to the FFCRA’s childcare-leave provisions and may not have to offer such leave at all.

What you cannot do, however, is outright deny leave if an employee qualifies or retaliate against an employee who takes such leave. That’s illegal and will get you sued. Take heed, because as COVID number skyrocket, if this isn’t an issue with which you’ve had to deal, it’s more than likely that you will and soon.

Posted on November 14, 2020June 29, 2023

VF Corp. invests in empathy and resources for working parents

VF Corp., COVID-19, mask, education

Challenges related to the COVID-19 pandemic have affected most people in the workforce in one way or another.

Working parents have not only coped with their own retooled job responsibilities as many of them adjust to working from home, but in many cases they have also added daycare worker and classroom instructor to their resumes.

New research from Microsoft Corp. revealed that 54 percent of parents reported that it’s been difficult balancing household and professional demands while working from home. And according to a recent WalletHub study, 54 percent of parents with young children at home don’t think they are being more productive at home than they are in the office.

VF Corp., a Denver-based publicly traded global company of 50,000 employees, realized the plight facing many of their workers as summer was ending and as parents faced the specter of another school year of distance learning for their children. Leadership of the apparel and footwear company, whose brands include The North Face, Vans and Dickies, quickly prioritized providing educational resources to alleviate the extra pressure and stress that working parents whose children would be learning remotely may be experiencing. The pandemic created significant uncertainty and posed new challenges for everyone, said Anita Graham, executive vice president, chief human resources officer and public affairs at VF Corp.

“Through conversations with associates and responses to our employee surveys, we knew that many of our associates were struggling with balancing work and the responsibilities of caring for their families,” she said.

Technology partnerships ease remote learning

One program, Laptops for Learning, provided more than 500 reconditioned laptops at no cost to eligible U.S.-based employees at VF Corp.’s distribution centers, retail stores and customer service centers, providing children with the technology necessary to participate in distance learning. The organization also implemented Rethink, a resource for parents with special needs children, Graham said. Another initiative, Guidance Now, provides employees with access to tutoring support and free access to SitterCity to help identify baby-sitting resources that could serve as a substitute for traditional child care.

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

“We believe that a good education is a critical and significant stressor for parents, and we wanted to help alleviate the added stress,” she said. “Virtual learning has posed challenges that working parents haven’t previously encountered. How do associates keep their children engaged in virtual school while also doing their own work? How do they afford reliable technology needed for virtual learning? The laptop program emerged from this need.”

A boost for those needing elder care

VF Corp. also amped up its communications so that employees were aware of resources such as telehealth and the benefits available through a partnership with Bright Horizons, which provides backup child care as well as elder-care support.

VF Corp., COVID-19, education“The coronavirus pandemic has been particularly impactful on older communities,” Graham said. “Adult children have had to take on more responsibilities for their elder parents, from running errands to providing full-time care. Our partnership with Bright Horizons has provided help to those employees who are providing elder care.”

Through the partnership, employees can take an online needs assessment, find information on selecting elder care resources, and utilize a search tool for finding and evaluating care providers, Graham said.

Moving to flex schedules and remote work

The pandemic has tested organizations’ agility to adjust to new ways of living and working. VF Corp. recognized early in the pandemic that it would need to introduce new programs and resources to keep morale up and employees engaged. Placing emotional and physical well-being at the forefront, they partnered with employee assistance program provider ComPsych to offer emotional well-being webinars to equip employees with the tools to keep themselves mentally healthy.

They also implemented new schedules and training programs to help employees put themselves first. Understanding that working from home poses child- and elder-care challenges, VFCorp. encouraged employees to rethink the traditional workday and create a flexible schedule that works best for them and their families.

Case study: COVID-19 causes Radial Inc.’s 25,000 seasonal hires to practice safe shipping

“The flexible scheduling program is an initiative we introduced at the start of the pandemic as a result of the stressors we were hearing from employees,” Graham said. “An employee can work with their manager to develop a schedule that allows them to take afternoons off to take care of children before resuming work in the evening.”

Considering that within the United States 70 percent of VF Corp. employees are hourly, 17 percent are salaried and 13 percent are contingent workers, Graham said they are sympathetic to accommodate employee needs while maintaining organizational operations.

“We have a wealth of initiatives and programs available to all our employees, no matter their role, location or level,” she said. “However, we do recognize that there are different needs across the enterprise, so we have developed unique programs for employees in retail stores and distribution centers.”

Remote work into the future

Rather than declare an “at least until” date, VF Corp. intends to remain flexible as a permanent approach and launched a future of work workstream called “Workplace Next” to define their vision for how they work in the future. The outcomes will be shared with employees in early 2021, Graham said.

Placing the needs of employees at the forefront of their actions is crucial to VF Corp. successfully navigating the pandemic, she said. It’s important to listen and it’s OK to over-communicate, she added.

“By listening to our people and taking action, we have been able to successfully keep morale high and our employees engaged and ultimately meet our consumers’ needs, and we’ll continue to listen to them to understand how we can help support them moving forward as our world continues to change.”

Whether you have 10 or 10,000 staff, building schedules is easier and faster with Workforce.com’s scheduling platform. Optimize and automate your complex scheduling patterns and provide peace of mind and know that you are in compliance.

Posted on November 12, 2020June 29, 2023

Breaking down the potential liabilities in Ohio’s new mask rules

essential workers; workers' compensation, mask

During yesterday evening’s statewide address, and amid dangerously rising COVID-19 infections and hospitalization, Governor Mike DeWine, announced the reissuing and restating of Ohio’s mask mandate. The order now contains four specific rules for businesses to follow regarding mandatory masking.

  1. Each business will be required to post a Face Covering Requirement sign (version 1 / version 2) at all public entrances of the store.
  2. Each business will be responsible for ensuring that customers and employees are wearing masks.
  3. A new Retail Compliance Unit, comprised of agents led by the Bureau of Workers’ compensation, will inspect to ensure compliance.
  4. First violations will receive a written warning, and a second will result in a 24-hour closure of the business.
construction, mask, mobile technology, COVID-19First and foremost, before the disabled and their advocates start screaming that this order violates the ADA, it doesn’t. Yes, Title III of the ADA requires that businesses that are open to the public make exceptions to mask rules for those with disabilities that prevent them from wearing a mask. That accommodation, however, need not be letting them inside the business unmasked. You can offer online ordering and curbside pickup. You can have shoppers at the ready to make purchases on-call and bring them outside to the customers, or otherwise meet the customer outside to transact business. As long as your service is made “readily accessible” for someone with a disability, you’ve met your obligation under the ADA, and there are many ways to accomplish this without letting someone inside maskless.
The same applies to employees. Title I of the ADA allows employers to modify work rules as a reasonable accommodation for an employee’s disability. If a mask causes an issue for someone with a disability, the solution is to offer that individual an accommodation. Maybe you segregate the employee so that 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 allowing them to work freely without a mask.
Secondly, the combination of numbers two, three, and four have me concerned if an employer is going to place compliance and enforcement responsibility on its employees.
For reasons that still befuddle and escape me, some people become hostile when told to wear a mask. Yet, your employees are not professionally trained in diffusing hostile situations. Don’t leave it up to your untrained employees to try to enforce these rules and potentially deal with escalating hostilities and violence. You wouldn’t send an amateur to defuse a bomb, lest you risk an explosion. This situation is no different. (It also might violate OSHA’s General Duty Clause.) Instead:
  1. Deploy trained personnel (ideally security, but at least someone at a management level) to enforce this mandatory mask rule and ensure 100 percent compliance within your business; and
  2. Train all other employees not to engage and instead to summon a designated responder.
This rule is long overdue. We all agree that masks are the number one thing we must do to slow the spread of COVID-19. Let’s mask up and all do our part.
Posted on November 11, 2020

Working in an office instead of working from home doubles the risk of contracting COVID-19

coronavirus, remote work, COVID-19, remote workforce

You are literally making COVID-19 worse if you are refusing to permit employees to work from home.

According to a recently published CDC study, employees who work in an office setting are nearly twice as likely to contract COVID-19 than employees who work from home.

ABC News summarizes the study’s methodology and findings:

Researchers interviewed roughly 310 people who took a COVID-19 test in July, about half of whom tested positive, and compared them to a control group of people who tested negative. The majority of both groups, all adults, held full-time, non-essential jobs outside of critical infrastructure and had similar community exposure to COVID-19 independent of work.

The groups had some differences in behavior: Only a third of the COVID-19 group reported working from home or teleworking at least part of the time before their diagnosis, while half of the control group participants reported at least sometimes working remotely. In the two weeks prior to getting sick, members of the COVID-19 group were more likely to report that they exclusively went to the office or to school than control group members were. Researchers also found an association between going to the office regularly and attending church or religious gatherings.

What does this data tell us? In the words of the CDC, “Businesses and employers should promote alternative work site options, such as teleworking, where possible, to reduce exposures.”
Unless you absolutely need employees to perform their work from your workplace, let them work from home. COVID numbers are not getting any better.
In fact, they are getting exponentially worse and are predicted to continue to do so until plateauing as late as January or even February. We all have a role to play in stopping the spread of this deadly virus.
Allowing employees who are able to work remotely to do so is just about the least you can do.
Posted on November 9, 2020

COVID-19 and no-fault attendance policies

pointing, worker misclassification

Can you “point” an employee under a no-fault attendance policy for a coronavirus-related absence? For example, an employee sick with COVID-19 or awaiting test results, quarantined because of an exposure, or at home because a child needs care?

For the uninitiated, no-fault attendance policies operate by having workers accumulate “points” for missing work, arriving late or other attendance-related issues; after the accumulation of a pre-determined number of “points,” employees face discipline or even termination.

During the ongoing COVID-19 pandemic, these policies are not only unnecessarily cruel, but they also might be illegal.

Generally speaking, if a law protects the absence (i.e., the FMLA or the ADA), then it is unlawful under such law to assign a point under an attendance policy for the absence. While there have not been any such cases decided under the FFCRA, one can safely assume the same logic applies. Thus, for employers with less than 500 employees, it would be illegal to assign no-fault points for absences related to:

  1. A federal, state, or local quarantine or isolation order related to COVID-19;
  2. Self-quarantine or isolation related to COVID-19 based on the advice of a health care provider;
  3. The seeking a medical diagnosis for COVID-19 after experiencing symptoms;
  4. The caring for an individual subject to an order described in (1) or isolation/quarantine as described in (2); and
  5. The care for one’s child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19.
Even if the FFCRA does not protect an employee’s absence an employer must still consider whether some other law, such as the FMLA, ADA, or GINA, offers similar protection.
In other words, pointing employees for COVID-related absences is fraught with risk. It’s also unnecessarily cruel. We are all trying to do our part to halt the spread of this rapidly accelerating virus. This including isolating, quarantining, and taking care of others who are at risk or unable to care for themselves. This pandemic needs compassion and flexibility, not strict adherence to rigid policies.
Posted on November 6, 2020

Coronavirus Update 11-6-2020: Accountability

The NFL has fined the Las Vegas Raiders $500,000 and stripped them of a 2021 draft pick for “brazen and repeated violations” of the league’s COVID-19 protocols. The violations include repeated incidents of players and coaches not wearing masks and permitting players to attend a charity event maskless while mingling with the crowd. The fines and penalty came after repeated warnings (and prior fines) by the NFL.

If your business’s COVID-19 rules are to have any meaning, you need to be prepared to stand behind them with discipline and even termination if necessary. These are important safety rules that are absolutely necessary to beat back this virus, especially as cases are spiking and we are hitting record numbers on a daily basis.

Your employees must be held accountable for their COVID-19-related misconduct. If they aren’t wearing masks (or are wearing them improperly), congregating in groups, not maintaining appropriate physical distance, attending large gatherings, engaging in prohibited travel, coming to work sick, failing to report a positive test, failing to report an exposure to someone else who tested positive, or violating any other COVID-19 health and safety rule you need to be prepared to respond with discipline or termination (depending on the severity or repeat-nature of the violation).

Otherwise, why have these rules at all?

Posted on November 5, 2020

OSHA levies $2 million in COVID-related citations and penalties

construction, mask, mobile technology, COVID-19

Are you tired of the endless din of vote counts and election news? Let’s get back to the uplifting topic of the ongoing COVID-19 pandemic.

OSHA recently announced a spate of COVID-related citations totaling $2,025,431 in fines.

What issues is OSHA seeing across employers?

  • Failing to implement a written respiratory protection program;
  • Failing to provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment;
  • Failing to report an injury, illness or fatality;
  • Failing to record an injury or illness on OSHA recordkeeping forms; and
  • Failing to comply with the General Duty Clause
That last one is the OSHA/COVID kick in the you-know-whats. OSHA’s General Duty Clause requires that each employer “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” It’s of vital importance during a pandemic because OSHA lacks any specific standards on infectious disease or viral prevention. For this reason, most employers’ COVID-related failures will be related to failures to meet their “general duty” to keep their employees safe.
What does this mean in practice? These steps, recommended by OSHA in its Guidance on PreparingWorkplaces for COVID-19, is a good starting point for OSHA COVID-19 compliance:
  1. Require workers to stay home if they are sick
  2. Follow CDC rules on isolation for those with COVID-19 and quarantine for those within close contact with those with COVID-19
  3. Inform and encourage employees to self-monitor for signs and symptoms of COVID-19 and report any that they have
  4. Mandate face masks or other facial coverings
  5. Establish rules that allow for six feet of physical distancing whenever practical, or install barriers when it is not
  6. Promote frequent and thorough hand washing
  7. Immediately isolate anyone symptomatic at work
  8. Prohibit the use of shared equipment
  9. Consider flexible work arrangements such as staggered shifts and schedules, and telecommuting
  10. Maintain regular housekeeping practices, including routine cleaning and disinfecting of surfaces, equipment, and other elements of the work environment

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