Tag: The Practical Employer

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Please pay your employees for time off related to the COVID-19 vaccine

paid time off, PTO report

Earlier this week, the House passed an extension of the FFCRA as part of its $1.9 trillion COVID-19 stimulus bill. (I’ll cover its details in a future post, but if you’re curious now, head over to Jeff Nowak’s FMLA Insights.)

One of the new measures in this proposed extension is the inclusion of leave taken by an employee to obtain a COVID-19 vaccine or recover from any injury, disability, illness or condition related to the vaccine.

Bravo! But here’s the thing. Until this passes and becomes law, and even if it doesn’t become law, employers should be paying employees for time off related to the COVID vaccine. At least for now, vaccine appointments are scarce and employees who are eligible to get vaccinated must take appointments when they can get them. Many will need to get their vaccines during the workday. Moreover, post-vaccination, some employees will have a reaction serious enough to keep them house-bound for a day or so.

The way through the end of this pandemic and returning our lives to normal is by getting enough shots in arms as quickly as possible. As employers, want to encourage our employees to get vaccinated.

We don’t want employees to feel like they have to choose between obtaining a vaccine and obtaining a paycheck. Some will choose poorly. By paying employees for time off from work related to COVID-19 vaccinations, we are making the decision that these vaccines are a priority, and that we are not standing in our employees’ way from obtaining them as soon as possible.

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Employee grievances including wage theft, COVID-19 concerns come to a head for one brewery

beer, brewery

The sign on the door of Platform Beer’s Columbus, Ohio, taproom reads: “The entire Platform Columbus crew has quit. The taproom is closed until further notice. Thank you!”

The employees and their former(?) employer are battling it out on Twitter.

-vs-

Oliver Northern, the employee leading the walkout, told Alive Columbus that “employees started seriously discussing walking out about a week ago, frustrated by a growing list of grievances that he said the company had not taken steps to address.” He added that they initially intended to use the walkout as a bargaining tool with management, but that conditions had gotten so bad that no one had any interest in remaining with the company no matter its response.

What does it all mean?

1. If these employees simply walked off the job in protest instead of quitting their jobs, an alphabet soup of employment laws would have protected their jobs. The NLRA (protected concreted activity), FLSA (wage and hours), and OSHA (safety) are just a few examples of anti-retaliation protections these employees would enjoy. Because, however, these employees quit, these anti-retaliation measures are largely moot (although I could craft an argument that post-employment retaliatory acts such as defamation could still trigger one or more of these statutes).

2. This employer has a massive PR mess. No matter how meritorious or genuine the employees’ claims, the employees thought enough of them to quit their jobs en masse. An employer simply cannot allow these issues to fester until they boil over into a mass protest. If an employer doesn’t know that its employees have these concerns, then that employer’s managers and supervisors aren’t doing their jobs. They are your eyes and ears, and they must understand their role as such.

Moreover, open-door policies and other prophylactic measures aren’t worth their weight if you don’t take them (and the issues employees bring to you) seriously.

 

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How much does it cost an employer for not following COVID-19 safety rules?

construction, mask, mobile technology, COVID-19

OSHA has cited a Missouri auto parts manufacturer for failing to implement and enforce coronavirus protections, which ultimately lead to an employee’s death. The details, from OSHA’s news release.

Two machine operators … who jointly operated a press tested positive for the coronavirus just two days apart, in late August 2020. The two workers typically labored for hours at a time less than two feet apart; neither wore a protective facial mask consistently. Ten days later, two more workers operating similar presses together tested positive. On Sept. 19, 2020, one of the press operators fell victim to the virus and died.

The total penalty was $15,604. For someone who died during a global pandemic because of his employer’s irresponsibility.

Since the pandemic started, OSHA has issued citations arising from more than 300 inspections for violations relating to coronavirus. The average penalty is $13,101.27.

While I understand that OSHA lacks a specific standard covering most COVID-19 issues, these numbers seem awfully low. Look, I’ll be the first one to tell you that more government regulation and control is a bad thing.

But, if employers aren’t motivated by the carrot to take COVID-19 seriously (that being, having a healthy and safe workplace with employees who believe you care about their welfare), then perhaps they need the stick. Some $13,000, or $15,600 when someone dies, however, seems like a pretty small stick.

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Employee time off for the COVID-19 vaccine

COVID-19, vaccine, flu

At some point over the next few months, some (most?) of your employees will receive the COVID-19 vaccine.

Depending on the rules of your state, the nature of your business and the age or medical issues of your employees, some may already have. I’ve previously covered the legal issues surrounding the vaccine, here, here, and here. Today I want to cover a practical issue — time off related to the vaccination.

1. Please offer your employees paid time off to obtain both doses of the vaccine. To reach herd immunity (the only thing that will end this pandemic), we need between 75 and 85 percent of the population to be vaccinated. We want to make it easier for employees to be vaccinated, not more difficult. Please don’t make employees choose between their paychecks and a vaccine. The hour or two you will pay for the amount of time they spend getting vaccinated will pale in comparison to the weeks off they will need if they catch the virus.

2. Understand that a certain percentage of your employees will have a reaction to the virus and be too sick to come to work in its immediate aftermath. The most common side effects, which most commonly follow the second dose, include pain at the site of the injection, painful, swollen lymph nodes in the arm where the vaccine was injected, tiredness, headache, muscle or joint aches, nausea and vomiting, fever or chills. For some, these side effects will mirror the virus itself in causing a high, debilitating fever. These side effects typically last no more than 24 hours. If I’m you, I’m telling employees that if they experience side effects you will provide a paid day off for recuperation. Again, we want to have policies that encourage employees to get shots in arms, not forcing a choice between a paycheck and a vaccine.

This pandemic won’t end until enough people are vaccinated. Employers, do your part by having policies in place that encourage as many vaccinations as possible.

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As new COVID-19 variants double down on transmissibility, OSHA steps up preventative measures

COVID-19, vaccine, flu
“Wear a mask and stay 6 feel apart.” It might sound like Groundhog Day to keep repeating this mantra. It’s also the most basic and most important steps we can take to remain safe, healthy and COVID-free.
Last week OSHA published new guidance for employers about mitigating and preventing the spread of COVID-19 in the workplace. While I recommend you read it, understand it and adopt its teachings in your workplace as best practices to keep your employees safe and healthy, I want to draw your attention to this language.

Not distinguishing between workers who are vaccinated and those who are not: Workers who are vaccinated must continue to follow protective measures, such as wearing a face covering and remaining physically distant, because at this time, there is not evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person. The CDC explains that experts need to understand more about the protection that COVID-19 vaccines provide before deciding to change recommendations on steps everyone should take to slow the spread of the virus that causes COVID-19.

COVID-19 is strengthening. New variants of the virus are making it more transmissible and potentially more virulent. Now is not the time to loosen COVID safety rules, especially around the most basic of steps we must take to remain safe and healthy—masks and physical distancing. This holds true even if your employees are vaccinated, as science does not yet know if the vaccine prevents the transmission from person-to-person.
The vaccine does offer us a light at the end of the very long and dark COVID tunnel, but we cannot allow it to give us a false sense of security. COVID-19 is fighting back; we must continue to fight back, too.
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Biden calls for extension and expansion of FFCRA

COVID-19, coronavirus, public health crisis

As you should hopefully be aware, the Families First Coronavirus Response Act (FFCRA), the federal law that provided paid leave to employees for COVID-related absences, expired on Dec. 31, 2020, with an option for employers to voluntarily expand leave through March 31, 2021. The problem, however, is that while this leave has expired or will soon expire, COVID-19 is not expiring any time soon.

Help, however, may soon be on the way, as part of President-elect Biden’s America Rescue Plan. A key part of that plan is a significant expansion of the FFCRA.

What would change?
  • The FFCRA would be reinstated and extended through Sept. 30, 2021.
  • The 500-employee cap on coverage would be lifted and all employers, regardless of size, would be required to provide paid leave for covered COVID-related absences.
  • The exemptions for health care workers, first responders and small employers would be eliminated.
  • The total leave entitlement would be expanded to 14 weeks.
  • Employers with less than 500 employees would be reimbursed for this paid leave through an extension of the already existing payroll tax credit. Employers with 500 or more employees would not receive the tax credit.
I applaud this expansion, which is sorely needed as we navigate this virus until we reach a vaccination critical mass. I also hope it is a step toward more broad-based paid sick and family leave for employees, an issue on which this country sadly lags behind every other industrialized nation in the world.
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8 of the 10 deadliest days in U.S. history are because of COVID-19

VF Corp., COVID-19, mask, education
While we’ve all been mentally overcome by the rebellion that unfolded at the Capitol and the civil war that I fear it started, COVID-19 continues to rage around the country. Hundreds of thousands are falling ill each day, hospitals are stretched to capacity, and thousands are dying daily.
The circle of people with COVID is closing in personally, and the number of calls I am receiving from clients with the question, “We’ve had an employee test positive; what do we do?” has increased exponentially. All the while, the rollout of the vaccine, which was supposed to save us from this pandemic, has been too slow and uneven.
The bottom line is that COVID-19 continues to win.
So please, let’s not forget that we are still in the middle of an awful pandemic even as our democracy is splintering. Wear your mask (over your mouth and nose), keep your distance, wash your hands and please stay home, especially, but not only, if you’re sick or have been exposed to the virus.
While the vaccine rollout has been mismanaged and mishandled, the vaccines still offer us a light of hope of a return to normalcy. I’d like to make it there, and I’d think you would, too.
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My one work rule to rule them all

Unify those far away workplaces with global mobility tools

George Carlin was a genius.

He just had a way of breaking down language into its most simple parts. Whether it was The 7 Dirty Words or The 10 Commandments, Carlin was just brilliant with language. For example, he dismantled each of the 10 Commandments into just two:

First:

  • Thou shalt always be honest and faithful, especially to the provider of thy nookie.

And second:

  • Thou shalt try real hard not to kill anyone, unless, of course, they pray to a different invisible man than the one you pray to.
I thought of this yesterday after stumbling upon a tweetstorm authored by Kate Bischoff reacting to the New York Times article suggesting that Jeffrey Toobin’s long and esteemed career justifies that he should get his job back despite his Zoom full monty faux pas.
After asking, “Is this even open to debate,” I settled on my one work rule to rule them all. Here it is:

Don’t be the asshole!

Don’t believe me?

  • Don’t cheat or steal = Don’t be the asshole.
  • Don’t sexually harass = Don’t be the asshole.
  • Don’t refuse to wear a mask or follow other safety rules = Don’t be the asshole.
  • Don’t no-call/no-show = Don’t be the asshole.
  • Don’t fight = Don’t be the asshole.
  • Don’t be insubordinate = Don’t be the asshole.
  • Don’t whip it out at work, or a Zoom call = Don’t be the asshole.
  • Don’t use the n-word = Don’t be the asshole.

If you don’t want to lose your job for something you do or say, don’t be the asshole. Employees, it’s really that simple.

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If you’re tired of reading about the Worst Employer voting, you can now hear me talk about it

Marc Alifanz and Kate Bischoff are two of my favorite people. They also happen to host one of my favorite podcasts, Hostile Work Environment. I promise that I’m not just dishing out these high praises because Marc and Kate invited me to guest on this week’s episode to discuss the 10 nominees for this year’s Worst Employer poll.

You can listen to the episode on Apple Podcasts, Spotify, or wherever you choose to get your podcasts. (And while you’re there do us all a favor and click that subscribe button if you already haven’t.)

This post also serves as your final warning to get in your vote for this year’s nominees. Polls close at 11:59 p.m. Wednesday, Dec. 16. Over 1,000 of you have already voted (thank you!), and the margins (at least in the COVID-19 category) are razor-thin. A few votes either way could literally decide this year’s winner. Make sure your voice is heard. No whining about the results if you don’t vote.

Voting is available at this link. Remember that this year’s vote is different than years past in that we have two categories — Worst Employer and Worst Employer COVID-19 Edition. In each category, you rank each of the five nominees from 1 (worst) to 5 (least worst). Ranking all five is important because the relative rankings count in the final tally.

The polls are open until 11:59 p.m. Wednesday, Dec. 16, and I’ll announce the winners (err … losers) early next week. Continued bad luck to all of this year’s very worthy nominees.

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Tipped restaurant and other service workers at high risk for ‘maskual harassment’

construction, mask, mobile technology, COVID-19
Everyone has been hit hard during the COVID-19 pandemic. Service industry employees, however, have been hit particularly hard. Many are out of work. And those who are able to work are working fewer hours and earning less in wages and tips.
Moreover, according to this survey (h/t: NPR), a majority of service industry workers are being forced to choose between earning valuable tips and staying safe by wearing a mask.

Consider these statistics regarding tipped employees:

  • 78 percent report experiencing or witnessing hostile behavior from customers in response to staff enforcing COVID-19 safety protocols.
  • 83 percent report that their tips have declined during COVID-19, with two-thirds reporting a decline of more than half.
  • 58 percent report feeling reluctant to enforce COVID-19 protocols out of concern that customers would tip them less.
  • 67 percent report actually having received a lesser than usual tip after enforcing COVID-19 protocols.
  • 84 percent report being within six feet of at least one person who is not wearing a mask in every shift, and one-third report being within six feet of 30 or more maskless individuals on every shift.

The kicker: 37 percent of tipped workers reported that their employer had not conducted mandatory training on COVID safety protocols and 69 percent reported that their employer is not consistently following all COVID safety protocols.

This is unacceptable. Restaurant workers are on the front lines of this virus working inside one of this pandemic’s most dangerous spreading environments.

They shouldn’t have to be de facto safety sheriffs, enforcing mask mandates and other health rules. Yet, that is the position in which many of their employers have put them, which, according to the above survey, is often without training or the enforcement of COVID safety rules.

Employees should not be placed in the position of enforcing COVID safety rules with a customer, especially when they risk the loss of tips and revenue as a result. Employers, do your part. Train your workers and set up a system of enforcement that takes your front-line workers out of the enforcement equation.