human resources Archives - Page 11 of 38

June 16, 2020June 29, 2023

Everything you need to know about the LGBTQ discrimination decision in 5 quotes

lgbtq, legal, discrimination, diversity and inclusion

June is Pride Month. If you thought the month’s biggest LGBTQ news was Nickelodeon tweeting that SpongeBob was part of the LGBTQ+ community, you have another thing coming.

On June 15, in Bostock v. Clayton County, the United States Supreme Court clearly, decisively and unequivocally held:

An employer who fires an individual merely for being gay or transgender violates Title VII.

The Bostock majority opinion is 33 pages long. I’ll break it down for you in five key quotes.

1. “Few facts are needed to appreciate the legal question we face. Each of the three cases before us started the same way: An employer fired a longtime employee shortly after the employee revealed that he or she is homosexual or transgender—and allegedly for no reason other than the employee’s homosexuality or transgender status.”

2. “Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

3. “It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

4. “There is simply no escaping the role intent plays here: Just as sex is necessarily a but-for cause when an employer discriminates against homosexual or transgender employees, an employer who discriminates on these grounds inescapably intends to rely on sex in its decisionmaking.”

5. “We agree that homosexuality and transgender status are distinct concepts from sex. But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second. Nor is there any such thing as a ‘canon of donut holes,’ in which Congress’s failure to speak directly to a specific case that falls within a more general statutory rule creates a tacit exception.… ‘Sexual harassment’ is conceptually distinct from sex discrimination, but it can fall within Title VII’s sweep. Same with ‘motherhood discrimination.’ Would the employers have us reverse those cases on the theory that Congress could have spoken to those problems more specifically? Of course not. As enacted, Title VII prohibits all forms of discrimination because of sex, however they may manifest themselves or whatever other labels might attach to them.”

(Bonus wishy-washy quote, from Justice Kavanaugh’s dissent: “Notwithstanding my concern about the Court’s transgression of the Constitution’s separation of powers, it is appropriate to acknowledge the important victory achieved today by gay and lesbian Americans. Millions of gay and lesbian Americans have worked hard for many decades to achieve equal treatment in fact and in law. They have exhibited extraordinary vision, tenacity, and grit—battling often steep odds in the legislative and judicial arenas, not to mention in their daily lives. They have advanced powerful policy arguments and can take pride in today’s result. Under the Constitution’s separation of powers, however, I believe that it was Congress’s role, not this Court’s, to amend Title VII.”)

There has not been a more significant employment law decision in over 22 years. It might be that long or longer before we see another of this import. Bostock is worthy of celebration because it finally puts to rest any open issue that employers can insidiously and intentionally discriminate against their LGBTQ employees.

June 15 is a day worth celebrating because it will forever be the day that our LBGTQ brothers and sisters finally gained their civil rights at work. It was long overdue.

Employers, take heed. If you are still among the group of businesses that discriminate against LGBTQ employees, you are violating the law. This is no longer an open question. Case closed.

June 16, 2020June 29, 2023

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

Tsedal Neeley, Harvard Business School professor, award-winning author, and global management and leadership expert, recently caught up with us to share her insights and advice as the workforce continues to go through rapid transformation brought about by the COVID-19 pandemic. From digital transformation, team relaunch, to leading in times of radical change, she gives a picture of the future of work and essential advice for employees and leaders alike.

Workforce: What do you think are the most significant changes that were brought about by the pandemic to the workforce?

Neeley: The most significant changes that were brought about by COVID is the fact that between 88 percent to 90 percent of the workforces particularly knowledge workers, meaning people who work in offices, have migrated into remote work. A lot of people for the very first time in their professional lives have attempted to get work done virtually, collaborate virtually, be productive virtually, work with partners, customers, consumers, distributors, suppliers virtually in a context of a global pandemic.

The other thing that we’re seeing is the digital transformation for many organizations. When you go to remote work or what I call the virtualization of work, you have to have more robust enabling technologies to support it – communication tools, the tools for cybersecurity, repositories, content management systems. So we’re seeing some virtual and digital advancements that just really have accelerated because of the COVID-19 global pandemic.

Even now, if you think about the rush to get a vaccine for COVID-19. Some of the companies are using AI and machine learning. We’re seeing all of these things in action and I think that we are going to be forced to be much more intelligent. I also think that the companies that have had some form of digital capacity are going to do better during this economic times because they will have the predictive analysis to be able to understand how to use the right data, to have the right approaches, to make the right decisions, to come up with countering measures to support their strategic response.

WF: A lot of the working dynamics have changed. What are the ways that leaders can support their team during this time?

Neeley: It’s very important for leaders to ensure that they do what’s called a team launch. If you haven’t done a team launch by now, you should do a re-launch. Which means that you set your team off on a course.

A team launch is one of the success factors for any team. It breathes life to a team. It helps increase the performance of virtual teams by 30 percent. A team launch or relaunch is where you collectively determine the following:

Shared purpose – Be clear about what your shared goals, mission and vision are as a group.
Resources – Determine what your needs are, anywhere from budgets, information, and networks.
Members’ lived experience – Discuss individual strengths, constraints, and gaps. You need to understand task allocation and balance accordingly.

Today, many parents are homeschooling, and many are working in shifts. Days can be longer for them and their hours are not necessarily coinciding with the rest of the group.

Leaders need to understand who is in that situation and the constraints that go along with them. They must accommodate people who have those scenarios because the apparatus that people had built to support their children, to support them as families – the entire support structure has gone away in this global pandemic. You need to understand those constraints.

New norms: Establish or re-establish norms. How do you communicate and how often? What tools are you going to use to communicate?

People have been raising concerns about video conferencing fatigue, and it’s important for you to pick the right media for the right needs. As a group, you need to agree on what’s going to work for you in order to remain connected. Think about informal contact too like virtual lunches and virtual coffee breaks.

WF: What do you think the future of work will look like as businesses start operations again, especially those that have actual establishments?

Neeley: Opening up does not mean that we go back to our old system immediately, especially when we don’t have vaccines yet. So there are many questions around the use of space and technology.

For example, I recently spoke to a company that specializes in beverages and their business has never been better. They’ve started e-commerce first. Businesses need to think about whether it would make sense for them to begin a robust online delivery system in order to supplement their revenue, serve their customers, and remain very present.

Nonetheless, it’s important to keep in mind that when businesses are reopening and they are not using the full capacity of their staff – meaning some are at home still and some have gone into work. There actually creating two groups – those who are out risking exposure to COVID to start the business and those who remain safe at home. What can that create? That can create an us-versus-them culture. Leaders need to be very careful about those dynamics and make sure that no group feels privileged or excluded.

WF: We are talking about leaders being at the forefront of this. So for leaders, where do they get support because they are in a unique position of experiencing the effects of the pandemic and taking care of a team?

Neeley: That is an excellent question. People need to ask that question more.

Every organization needs to have a very visible CEO who is communicating regularly so that leaders can lead. The leaders of leaders have to set the tone. They have to help them figure out how to lead through a crisis.

There are two things that are important for them to identify. They need to recognize that they are leading during times of crisis, which requires a certain type of leadership. They are also leading radical change, but many of them don’t think they are. When your entire workforce has shifted to work from home; when your client base is in this extraordinarily dynamic period; when your entire patterns of work have changed, you are going through a radical change during a time of uncertainty. You don’t know what the future will look like. People are anxious. People need new skills. People need new equipment. Entire organizations have turned upside down. It’s a radical change. And you’re leading it.

Organizations need to set the tone and they need to equip their leaders to be able to lead accordingly. That’s the first step.

Second, leaders should form groups or task forces to help align their messaging, to help align their movements and actions and to bring together the best ideas and best practices. This way, no leader is trying to figure it out all on their own especially since no one has gone through a global pandemic of this scale in our modern times, right? To create the best practices collectively within the organization, that’s a way to get your support system.

Finally, leaders always need to have a set of mentors or kind of their own board of advisors, not formally necessarily. But leaders should have three or four people who they can turn to to think through things. These are not ordinary times and during times of crisis, you need your mentors. They are people you trust or people you build trust with if you don’t have them yet. These people have some serious expertise in a certain area that you really want to thrive in and be unafraid to hear truth from. You need to reach out to make sure that you have those.

This is not a time to be a solo leader. Leaders need to understand how to lead change, lead during times of crisis, and innovate. There are so many things that they need to figure out very quickly and they can’t do that alone.

June 16, 2020June 29, 2023

Give managers the time they need to sharpen up their all-around skills

timeclock, wage and hour, schedule, timesheet rounding

How to improve manager effectiveness seems like a loaded question.

Sure, there is always room for improvement. But how do you improve the effectiveness of a manager who shares responsibilities in almost every aspect of the business process? There are business operations including onboarding and offboarding, compliance and regulations, and scheduling shifts.

A manager also is involved in training, coaching and motivating staff. Sometimes they even play the role of staff psychologist. In short, a manager is an organization’s Swiss army knife.

Which leads to another question: If you are seeking ways to improve manager effectiveness, what blade of the knife gets sharpened first?

Manager basics

At its core, a manager’s job description lists overseeing daily operations, ensuring employee productivity, monitoring efficiency of all processes and creating a positive workplace environment. Because there are nuances to every aspect of a manager’s responsibilities, freeing up time could be the biggest perk an employer could provide for their supervisorial staff. By implementing workforce management solutions, employers empower their managers to make the right business decisions in less time through software solutions.

For those managing an hourly workforce, Workforce.com’s Live Wage Tracker software allows supervisors to see wage costs in real time and adjust staffing levels and assignments to drive profitability. Every shift becomes a profitable one, and because sifting through endless reams of paperwork is no longer necessary, a manager can concentrate on other ways to drive productivity and trim costs.

Creating effective managers

Managers rarely just materialize. A high-performing employee doesn’t necessarily make a great manager. The process takes patience and time — a rare commodity for managers in most businesses.

According to Great Place to Work, effective leaders should define the most important behaviors for great managers at an organization. While certain characteristics of manager effectiveness are universal, the best insights come from identifying the unique behaviors that align with an organization’s mission, culture, customer needs and strategic goals.

Find the managers inside an organization who build high-trust relationships.
Interview these managers and ask them how they did what they did.
Use this information to identify behaviors that create a great work environment and share them across the organization.

Once company leaders identify managers and their best practices, instill in them these ideals:

Work with teams, seek ideas from team members and involve them in decisions that affect them.
Recognize employees, especially by calling out accomplishments and helping employees get ahead in their careers.
Inspire employees to follow by showing them that leaders are competent, honest and reliable.

What managers need from employers

Equip managers with the solutions to work smarter so they will be more productive throughout their work day. The result is an efficient workplace and a supervisor who can create a work/life balance for themselves.

Managers are constantly looking for ways to be more efficient with their time. Provide the leadership and perspective to manage their time. Encourage and help managers to:

Establish their priorities.
Break big projects into small tasks.
Use a to-do list in the right way.
Eliminate distractions.
Avoid procrastination.

Perhaps the most important tool in a manager’s arsenal is time. Through workforce management software, time becomes an ally for a manager rather than an opponent. Implementing Workforce.com’s Live Wage Tracker platform provides actionable data that empowers managers to react quickly and confidently to unexpected changes and keep things running smoothly throughout the day.

June 15, 2020June 29, 2023

COVID-19 is not an excuse for age discrimination

Consider these headlines:

While there’s still a lot we don’t know about COVID-19, one of the things we do know for sure is that is much more greatly impacts people age 65 and above.

Indeed, according to the CDC, 80.6 percent of all coronavirus deaths are in that age bracket. These fatality rates might explain why you might want to protect your older workers by forbidding them to come into work or by placing them on leaves absence.

Here’s the thing, however. Employment discrimination laws hate paternalism. While you might be acting from a place of good intentions to protect your older workers from a potentially deadly exposure of COVID-19 by keeping them away from the workplace, that’s not your choice to make. Only the employee can make that choice.

The EEOC confirmed this guidance in an updated FAQ on COVID-19 and antidiscrimination laws it published late last week.

The ADEA would prohibit a covered employer from involuntarily excluding an individual from the workplace based on his or her being 65 or older, even if the employer acted for benevolent reasons such as protecting the employee due to higher risk of severe illness from COVID-19.

Unlike the ADA, the ADEA does not include a right to reasonable accommodation for older workers due to age. However, employers are free to provide flexibility to workers age 65 and older; the ADEA does not prohibit this, even if it results in younger workers ages 40-64 being treated less favorably based on age in comparison.

If you force older workers to stay away (even if it’s for their own protection), you are almost certainly committing age discrimination. Their health, their choice. Don’t make it for them.

June 8, 2020

‘I was terminated for refusing to wear a Trump 2020 face mask.’

Ohio requires that all employees wear face masks or other face coverings as a condition to any business reopening that (subject to a few limited exceptions). The only rules are that the mask cover the employee’s nose, mouth, and chin. There are no other requirements about the nature of the mask or face covering, including its design or style.

One southern Ohio business, The Village Inn restaurant in Farmersville, is testing the mask-requirement waters by requiring its employees to wear “Trump 2020” masks.

Worse, it’s firing employee who refuse.

Or at least that’s what Kris Hauser, a former waitress of the restaurant, claimed happened to her in her viral Facebook post describing her termination.

The owner then approached me again and stated I needed to wear my Trump 2020 mask. I responded and told him I would wear it, but I would wear it inside out (which a majority of employees had been doing already for the days prior).

The owner, Scott, told me “No, you will wear it with Trump 2020 facing out for people to see.”

I told him I would not do this and he said that I needed to leave.

Your first inclination might be to say, “Jon, Ohio, like every other state besides Montana, is an at-will state, meaning that an employer can fire any employee for any reason, good or bad. And just last Thursday you told us that there are only a few states that ban political opinion discrimination, and Ohio isn’t one of them. So while many will feel that Kris Hauser’s termination is morally and ethically reprehensible, I don’t see anything unlawful about it.”

While Ohio is an at-will state, it recognizes several key exceptions to employment-at-will, including a tort claim for wrongful discharge in violation of public policy. What does this mean? I’ll let the Ohio Supreme Court explain:

In order for a plaintiff to succeed on a wrongful-termination-in-violation-of-public-policy claim, a plaintiff must establish four elements: (1) that a clear public policy existed and was manifested either in a state or federal constitution, statute or administrative regulation or in the common law (“the clarity element”), (2) that dismissing employees under circumstances like those involved in the plaintiff’s dismissal would jeopardize the public policy (“the jeopardy element”), (3) the plaintiff’s dismissal was motivated by conduct related to the public policy (“the causation element”), and (4) the employer lacked an overriding legitimate business justification for the dismissal (“the overriding-justification element”).

In other words, if a termination offends a clear public policy of the state, and the employee does not have any other remedy to redress the termination, the employee can sue in tort for the wrongful discharge.

In this case, Ohio has a clear public policy against employers influencing employees’ political opinions—Ohio Revised Code section 3599.05, which criminalizes employers that make expressed or implied threats “intended to influence the political opinions or votes of his or its employees.”

That’s exactly what The Village Inn did in imposing its “Trump 2020” mask requirement under threat of termination. And it’s not too far off the mark from Kunkle v. Q-Mark, Inc. (S.D. Ohio 6/28/13), which refused to dismiss a public policy claim based on section 3599.05, after the employer allegedly threatened employees with termination if President Obama won re-election, and allegedly fired the plaintiff after she stated she voted a “straight Democratic ticket.”

I’ve never been shy about calling out an employer that has wronged an employee. The Village Inn has wronged Kris Hauser. The internet has already spoken. I hope Ms. Hauser finds a lawyer to take her case and the courts have their say as well.

June 7, 2020April 11, 2023

Shift swap software empowers managers and employees to take charge of scheduling

shift scheduling for hourly restaurant workers, shift swap

Employers must have been taking notes from athletic coaches when they started naming shift schedules. The 2-3-2, the DuPont, four on four off, and going EOWEO all sound like a defensive strategy or a trick play. (For the record, EOWEO stands for Every Other Weekend Off, not a signal to Tom Brady to throw the football to Rob Gronkowski.)

Whatever the terminology, shift schedules remain the lifeblood of an hourly workforce. Whether it’s 12-hour shift schedule types or a traditional 24 hours on and 48 hours off scheduling system for firefighters, shift swapping also is a key tool for employees and managers to maintain both consistency in staffing levels and a vibrant, engaged talent pool.

Accommodating a shift swap

Shift swapping lets an employee request to work one of their shifts and in exchange, work one of that colleague’s scheduled shifts.

Establish a written policy that provides clear guidance to staff while simultaneously ensuring the organization’s needs are met. Make sure the policy is clear and easy to understand. Don’t overcomplicate it; the simpler the better. Implementing an easy-to-use shift swapping software simplifies the process, which can otherwise bog down into an arduous, overly complicated back-and-forth among employees that wastes everyone’s time.

Benefits for employers

A manual, paper-based shift swapping policy that relies on employees scrambling to cover for each other is a risk at best and a chronic, chaotic scheduling disaster waiting to happen. Managers play an integral role in closely monitoring shift swapping. Their oversight assures that every shift will be fully covered.

Through innovative workforce management technology, managers can approve shift swaps with complete oversight of costs and compliance. The technology empowers managers to:

Control staffing levels — eliminating understaffing and overstaffing.
Monitor so staff members swap shifts with colleagues who have similar skills and experience.
Lower the potential for no-show employees.
Reduce overtime.
Create a deadline for shift swaps.
Distribute unwanted shifts fairly and evenly among all employees.
Customize to control cost, employee availability, qualifications and fatigue management.

Benefits for employees

Employees have lives away from work, and there are times when they need to get a shift covered. Family issues, a sudden illness or a day away for mental health, if the shift is claimed, the employee will be free to take the day off. If not, the employee remains responsible for the shift. Shift swapping software allows employees to:

Post the shift for all fellow employees to see.
Control their own schedules.
Get a shift covered quickly and easily.
Create a more complete work/life balance.
Build camaraderie and teamwork through communication.
Earn additional money by picking up extra shifts.

With the freedom that employees will enjoy through shift swapping technology, managers still control the approval process and hold the power to override a shift swap in case a specific exchange is seen as unworkable or create unnecessary costs.

Shift swap software allows managers to prevent employees from constantly posting their shifts and become a stand-in for requesting time off.

Additionally, no one benefits from the employee who continually volunteers to work day after day after day, double shifts and late night-early morning shifts. Managers can track that employee and curb shifts and hours, since there is the potential for burnout as well as safety concerns for fellow employees.

Finally, misunderstandings over a missed shift are a thing of the past. Shift swapping technology puts the responsibility to fill the shift squarely on employees. Managers OK the swap, leaving them with more spare time to do things other than babysit the schedule.

Organizations need a reliable employee scheduling plan while employees want job flexibility that adapts to life outside of work. With Workforce.com’s shift-swapping software, a carefully planned shift swapping policy manages employee costs, accommodates employer and employee needs and ensures that both get the schedule they want.

June 5, 2020October 7, 2021

A technology integration is an intervention to dissolve common payroll errors

pay for performance, payroll, compensation

Paying employees accurately and on time should be a forgone conclusion for employers. But that’s not always the case.

Incidents of unfair pay practices have surfaced since the COVID-19 pandemic hit. Lawsuits involving wage discrimination and unfair compensation practices also can cost an employer tens of thousands of dollars in damages.

According to law firm Seyfarth Shaw, wage-and-hour settlements are a leading cause of litigation exposure for corporations and that HR leaders must focus on prevention. While the majority of companies are fair and honest regarding their compensation practices, errors can occur. Prevent those mistakes from creeping into your compensation function by integrating workforce management software with your payroll software.

Eliminate the mistakes

Wage-and-hour lawsuits are unnecessary and largely avoidable. Payroll integrations in your tech stack can help ease a complex, arduous process fraught with opportunities for mistakes. By integrating a payroll system with Workforce.com’s platform for automated timesheet exports and calculations, a company can negate costly wage-and-hour lawsuits.

Poor record keeping and data entry. Mismatching names and Social Security numbers is so common that, according to AllBusiness.com, the Social Security Administration has established a special verification phone number. Errors in data entry and poor recordkeeping of employee hours can result in costly government penalties.
Misclassifying employees. The number of temporary employees and independent contractors continues to grow among the labor force, and organizations constantly confront problems in properly classifying those workers. Are they exempt or nonexempt employees? Are they an independent contractor or an exempt employee? While the Fair Labor Standards Act provides protections for most employees, it’s still easy to slip up on employee classifications without an integration of workforce management software into the payroll function. If neglected, it can turn into a costly payroll error.
Miscalculating pay and overtime. Poor time-tracking capabilities can lead to miscalculated pay. There are guidelines that must be followed when determining overtime, and miscalculations can be costly. Besides overtime, there are commissions and paid time off, among other things to track. State policies vary and it’s a best practice to default to the law that is more generous for the employee. Workforce.com’s payroll integration technology can help retool poor time tracking capabilities.
Adherence to pay deadlines. Payroll is the basic bond between employer and employee. While payroll should function like a well-oiled machine, missing deadlines can happen. Payroll technology can help with establishing a payroll calendar that encompasses deposits as well as timely payroll tax filings with federal and state agencies. Remember, late deposits can result in penalties and interest charges. Oil up the payroll machine and set up timelines both internally for paydays and externally for taxes for a smooth payroll process.
Mishandling garnishments and child support. An employee may owe money through a court order to other parties. Payroll is responsible for sending the money to the appropriate person or agency.

Avoid payroll errors

To avoid costly wage-and-hour lawsuits, HR and business leaders should keep these tips in mind:

A reliable payroll software program maintains accurate time-keeping and record-keeping practices through up-to-date systems.
Supervisors must recognize the differences between exempt and nonexempt employees.
Rather than hide it until it’s too late, encourage managers to proactively report wage issues.
Conduct wage-and-hour audits to ensure correct classification of employees.
Assess your independent contractors.

Keep payroll mistakes from disrupting your organization by investing in payroll software. Workforce.com’s payroll system integration technology works seamlessly with more than 50 different payroll systems. Process your payroll minus the long hours, avoid the errors and easily run reports, file taxes and distribute pay stubs.

June 3, 2020June 29, 2023

Do Lake of the Ozarks employees sent home from work qualify for paid sick leave under FFCRA?

Last week I discussed how to handle employees who are not social distancing outside of work.

My thoughts were spurred by videos of employees partying over the Memorial Day weekend at Lake of the Ozarks and elsewhere around the country.

I said the following:

I would also place any employee who violated social distancing rules outside of work (whether the information is volunteered on a self-assessment or discovered through a viral video) on a mandatory two-week unpaid leave of absence and require a quarantine as a condition of continued employment.

It looks like I might have a reader in Lincoln County, Missouri.

According to KSDK, employers are mandating unpaid leaves of absence and quarantines for employees who spent their holiday weekend amid the throngs at Lake of the Ozarks, The story also quotes an attorney who says that placing an employee on an unpaid leave of absence, under those circumstances, might violate the FFCRA’s requirements for paid sick leave for an employee “advised by a health care provider to self-quarantine due to concerns related to COVID-19.”

I completely disagree, and the Department of Labor has my back.

Take a look at Question 77 to the DOL’s FFCRA Questions and Answers:

May I take paid sick leave or expanded family and medical leave under the FFCRA if I am on an employer-approved leave of absence?

It depends on whether your leave of absence is voluntary or mandatory. If your leave of absence is voluntary, you may end your leave of absence and begin taking paid sick leave or expanded family and medical leave under the FFCRA if a qualifying reason prevents you from being able to work (or telework). However, you may not take paid sick leave or expanded family and medical leave under the FFCRA if your leave of absence is mandatory. This is because it is the mandatory leave of absence—and not a qualifying reason for leave—that prevents you from being able to work (or telework).

In other words, if an employee’s leave of absence is the employer’s choice, as is the case in the Lake of Ozarks example, then the employee does not qualify for FFCRA paid sick leave, because it’s not a COVID-19 medical recommendation or quarantine that’s preventing the employee from working but the leave of absence.

It’s no different from a furlough, for which employees also do not qualify for FFCRA paid leave. As long as you place an employee on leave before they tell you they’ve been advised by a health care provider to self-quarantine because of COVID-19 concerns, you shouldn’t have to worry about paying the employee for that leave under the FFCRA.

June 2, 2020June 29, 2023

Justice Department indicts employee for COVID-19 workplace fraud

COVID-19, coronavirus, public health crisis

In mid-April the FBI warned employers to be on the lookout for fake COVID-19 diagnoses, doctors’ notes, and other coronavirus-related documents from employees.

The Justice Department has now indicted the first employee for committing this new breed of fraud.

The Justice Department provides the details:

Santwon Antonio Davis has been charged with defrauding his employer by allegedly faking a positive COVID-19 medical excuse letter, causing the employer to stop business and sanitize the workplace. Davis has since admitted that he did not have COVID-19. …

According to the … charges and other information presented in court: The defendant, who was employed by a Fortune 500 company with a facility located in the Atlanta, Georgia area, falsely claimed to have contracted COVID-19 and submitted a falsified medical record to his employer. In concern for its employees and customers, the corporation closed its facility for cleaning and paid its employees during the shutdown. This caused a loss in excess of $100,000 to the corporation and the unnecessary quarantine of several of the defendant’s coworkers.

You can read the full affidavit submitted by the U.S. attorney in support of the criminal complaint here. (Disclaimer: Mr. David is presumed innocent until proven guilty.)

This is as good as time as any to remind you of the steps can you take if you think an employee is faking a coronavirus diagnosis.

Pay attention to inconsistencies on notes and other documents in fonts and spacing, or grammatical or spelling errors.
Look for computer-generated, versus hand signatures.
Compare legitimate medical excuse letters from health care providers to be aware of their typical format and structure.
Contact the medical provider to authenticate the document (after first providing the employee the opportunity to authenticate).

Be alert, because it’s fair to assume that as more employees return to work, more employees will try to take advantage.

May 28, 2020June 29, 2023

Is your business ready for the COVID-19 golden age of union organizing?

“Among the many lessons we will learn from the COVID-19 pandemic is its demonstration of the importance of union membership for essential workers.

“Of all the injustices exposed by the pandemic, the risks faced by non-union workers have become the most apparent. Non-union workers are being asked to risk their safety with little or no protections of their own.”

— Gary Perinar (executive secretary-treasurer of the Chicago Regional Council of Carpenters), The importance of unions is more obvious than ever during the COVID-19 pandemic, Chicago Sun-Times, Apr. 30, 2020

One of the unexpected byproducts of the COVID-19 pandemic is a corresponding rise in union organizing.

This crisis has magnified attention on key labor union agenda items and talking points such as worker safety and higher pay. Unions have been pressing these issues not only for current members but also more importantly for potential members.

The Teamsters is backing Amazon warehouse workers.
The UFCW is helping organize Instacart shoppers.
The SEIU is funding fast-food activists and Uber/Lyft drivers.

Indeed, according to Richard Berman, the founder of the Center for Union Facts, this union activity is part of a much larger trend:

This is the first time since the early 1980s where I sense significant interest by employees in “collective action” and “3rd party representation”.
Gallup polling in 2019 shows the 18-34 demographic has a 69% approval of unions. In 2017, 76% of those joining unions were younger than 35.
Employees who feel they will be exposed to co-workers or customers who have the virus are communicating on Facebook and other platforms about their jointly held concerns. Union organizers have access to these conversations and are making themselves available to help.
Most current HR professionals have no history in dealing with a partial workforce rebellion. This will most likely happen in individual companies or it could be a wider industry movement in a city or region.

That last point might be the one most important to your business. “Most current HR professionals have no history in dealing with a partial workforce rebellion.” What should your business be doing right now to best prepare itself in the event a union starts talking to your employees? The best defense is a good offense. I recommend that employers adopt the T.E.A.M. approach to union avoidance:

Train supervisors.
Educate employees.
Affirm the open door.
Modernize policies.

1. Train supervisors. If a union is organizing, supervisors are likely to be the first people to know. They will also be the people who rank-and-file employees will come to with questions or concerns. Thus, supervisors need to know how to report, monitor and legally respond to union activity.
2. Educate employees. Employees should not be told that the company is anti-union, but why it is anti-union – competitive wages and benefits; a strong commitment to worker safety and health; positive communication between management and employees; a history of peaceful employee/management relations; management’s openness to listen to employees and handle their concerns without an intermediary; and an unwillingness to permit a third-party to tell the company and employees how to do their jobs. Of course, if this is just lip service, you might as well not say it at all.
3. Affirm the open door. Management should routinely round its employees up to learn what is happening within the rank-and-file and what they are thinking about. Management should walk the floor on a daily basis. It should also hold regular meetings with employees, whether in small sessions with HR or large town hall-style meetings. And management’s door should always be open to listen to employees’ concerns, offer feedback and adopt positive change when feasible and practical.
4. Modernize policies. In an ideal world, employee handbooks and other corporate policies should be reviewed and updated annually. I’ve yet to come across a company that does so this frequently. Issues to consider and review? Do you have a written statement on unionization? An open-door policy? An issue resolution procedure? Peer review? An employee bulletin board? An electronic communications policy? Most importantly, do you have a no-solicitation policy? It is the single most important policy to help fight labor unions.

No avoidance program is foolproof. No matter what steps are taken and no matter the quality of employee relations, every company is at some risk for a union organizing campaign. Some, however, are more at risk than others.

All businesses should strive to be an employer of choice for employees and not an employer of opportunity for labor unions. The steps you take before that representation petition ever arrives will help define whether you remain a non-union employer.