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Agenda
• Updated Stimulus Package
• Unemployment Benefits
• Covid-19 & FFCRA Leave
• Updated DOL Compliance & Facts
• Civil Rights Acts & Title VII Updates
• Additional Protected Classes
• Policy & Employment Practice Compliance
• Employee Trainings
• Employee Handbooks
• Employee Recruitment & Retention
• Equity
Agenda
• Recommendations
• Resources
Updated Stimulus Package
• President’s Executive Orders Saturday, August 8th:
• Extended Federal Unemployment Weekly Benefit
• $600 weekly to $400 Weekly
• Federal Government only paying $300 of total weekly, states
will need to add in additional $100.
• Payroll Tax Deferral of Payroll Taxes until end of 2020
• Student loan payments deferred until Dec. 31, 2020
• Eviction Protection
• *Please note, subject to change
Recruitment & Retention
• Unemployment Statistics
• DOL reported 1.2 million U.S. workers filed for new
unemployment benefits during the week ending
Aug. 1, a decrease of 249,000 from the previous week.
• The total number of workers continuing to claim
unemployment benefits fell to 16 million last week after
peaking at nearly 25 million in early May.
• Another 13 million people continue to claim unemployment
under the newly created Pandemic Unemployment
Assistance program providing jobless benefits to workers
previously not eligible for unemployment.
Source: www.dol.gov
Poll Question #1
Has your organization
been challenged with
recalling workers back
from unemployment?
Recruitment & Retention
• Show empathy & compassion for your employees
• Listen to their concerns
• Be flexible
• Provide additional training to upscale skillsets
• Take advantage of state wide training programs
• Open, honest & timely communication w/employees
Recruitment & Retention
• Review your recruiting and onboarding process
• Economy will improve – continue to seek
• skilled talent before everyone is looking to hire.
• Be open to new methods or recruitment
• Remote interviews
• Phone Interviews
• Think outside the box of traditional recruitment
methods
Families First Coronavirus Response Act
• The Families First Coronavirus Response Act
(FFCRA) includes 2 main provisions:
1) Emergency Family & Medical Leave Expansion
Act (EFMLEA)
2) Emergency Paid Sick Leave Act (EPSLA)
effective on: April 1, 2020
• Apply to leave taken between April 1, 2020, and December 31,
2020.
DOL Updates to FFCRA
• July 20, DOL added new questions and answers to
pandemic-related issues under the Fair Labor
Standards Act (FLSA), the Family and Medical Leave
Act (FMLA) and the Families First Coronavirus
Response Act (FFCRA).
DOL Updates to FFCRA
1) Do employers have to pay employees for
unauthorized telework hours?
• FLSA standards state employers must pay employees for
all hours of telework actually performed, including
overtime work, if the employer knew or had reason to
believe the work was performed. "This is true even of
hours of telework that you did not authorize," the DOL
said.
DOL Updates to FFCRA
2) Is hazard pay required for employees working
through a pandemic?
• Not under federal wage and hour laws. Additional
pay is "usually determined privately between
employers and employees or their authorized
representatives.“
DOL Updates to FFCRA
3) Will telemedicine visits count as in-person visits
to establish a serious health condition under
the FMLA?
• Yes. Through Dec. 31, the DOL will consider telemedicine
visits to be in-person visits per the following:
• Visit must include an examination, evaluation or treatment by a
health care provider;
• Is performed by videoconference; and is permitted and
accepted by state licensing authorities;
• Electronic signatures also will be accepted to establish a
serious health condition under the FMLA.
Poll Question #2
Do you expect employees
at your organization to
continue requests for
FFCRA leave?
Policy Compliance – Title VII – Civil Rights
Update
• Confirmation of Title VII provisions:
• Applies to employers with 15 or more employees
• Title VII prohibits employers from discriminating based
on color, national origin, race, religion, sex.
• Protected classes NOW also include:
• sexual orientation
• gender identity or expression
Title VII – Impact
• The employee handbook—such as in equal opportunity
and anti-harassment statements, or anywhere prohibitions
against discrimination based upon sex appearance.
• Policies—such as nondiscrimination and anti-harassment,
and dress code and grooming policies that are not already
gender-neutral
• Employee training—any diversity, equal opportunity or
workplace conduct training such as anti-harassment or
bullying and anti-discrimination. Employment Application
Title VII – Impact
• Benefits—any benefit that discriminates against employees
based on these categories that is not already prohibited
may soon be unlawful Employment Application
• Hiring practices—background checks and reference checks
may necessitate applicants divulge prior names that will
expose them to potential employers as transgender. Ensure
this information is kept confidential and not used against
applicants.
• Internal communications—eliminate wording that assumes
traditional gender roles and heterosexual relationships and
families as the norm.
Title VII – Impact
• Employee training—any diversity, equal opportunity or
workplace conduct training such as anti-harassment or
bullying and anti-discrimination.
• Workplace rules—any rules based on gender, such as
bathroom use, may need to be revised to allow for gender-
neutral or gender identity-based practices.
Policy Compliance – Employee Handbooks
• Employers should ensure employee handbook and safety
policies are updated.
• Consistent and current policies assist with administration
and mitigate risk for employee lawsuits.
• Provides your employees with resources regarding company
information and expectations.
• Employee Signature Acknowledgement forms provide
documentation for compliance and enforcement.
Policy Compliance – Employee Handbooks
• Policies should include the following:
• FFCRA
• EFMLEA & EPSLA – Recommendation to keep separate from
handbook
• FMLA – How do the above work together?
• ADA – American’s With Disabilities Act
• Pandemic & Emergency Preparedness
• Attendance
• Paid Time Off – definition of utilizing in conjunction with leaves
Policies – Handbook & Safety
• Safety policies should include the following:
• Training on new CDC guidelines, employer expectations
• Covid-19 Workplace Posters
• Location of safety supplies i.e., masks etc.
• Worker’s Compensation
• Accident reporting process
• Blood borne Pathogens
Poll Question #3
How recently has your
employee handbook
been updated?
Employee’s Mental Health
• Financial Wellness
• Safety
• Job Security
• Childcare
• Balancing Work/Home
• Elder Care
Employee Resources
• EAP Program
• Insurance Resources
• Mental Health Agencies
• Local Health Department
• Online Resources
Recommendations
• Review current FFCRA Policies & Leaves for compliance
• Review employee handbook & update policies
• Conduct Employee Trainings
• Consistent & timely communication with your employees
Free Resources Provided for our Listeners
• http://www.jfs.ohio.gov/
• www.dol.gov
• www.eeoc.gov
Employment
&
Compliance
• www.reacpa.com/service/c
ovid-19-resource-center/
• www.ohiodcd.gov
• www.cdc.gov
Compliance &
Covid-19
Questions?
Renee West, SHRM-SCP
senior manager
HR consulting services
Rea & Associates
330.308.6818
renee.west@reacpa.com

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[ON-DEMAND WEBINAR] Shifting the Business Infrastructure: HR Resources & Hot Topics To Keep Your Organization Compliant

  • 1.
  • 2. Agenda • Updated Stimulus Package • Unemployment Benefits • Covid-19 & FFCRA Leave • Updated DOL Compliance & Facts • Civil Rights Acts & Title VII Updates • Additional Protected Classes • Policy & Employment Practice Compliance • Employee Trainings • Employee Handbooks • Employee Recruitment & Retention • Equity
  • 4. Updated Stimulus Package • President’s Executive Orders Saturday, August 8th: • Extended Federal Unemployment Weekly Benefit • $600 weekly to $400 Weekly • Federal Government only paying $300 of total weekly, states will need to add in additional $100. • Payroll Tax Deferral of Payroll Taxes until end of 2020 • Student loan payments deferred until Dec. 31, 2020 • Eviction Protection • *Please note, subject to change
  • 5. Recruitment & Retention • Unemployment Statistics • DOL reported 1.2 million U.S. workers filed for new unemployment benefits during the week ending Aug. 1, a decrease of 249,000 from the previous week. • The total number of workers continuing to claim unemployment benefits fell to 16 million last week after peaking at nearly 25 million in early May. • Another 13 million people continue to claim unemployment under the newly created Pandemic Unemployment Assistance program providing jobless benefits to workers previously not eligible for unemployment. Source: www.dol.gov
  • 6. Poll Question #1 Has your organization been challenged with recalling workers back from unemployment?
  • 7. Recruitment & Retention • Show empathy & compassion for your employees • Listen to their concerns • Be flexible • Provide additional training to upscale skillsets • Take advantage of state wide training programs • Open, honest & timely communication w/employees
  • 8. Recruitment & Retention • Review your recruiting and onboarding process • Economy will improve – continue to seek • skilled talent before everyone is looking to hire. • Be open to new methods or recruitment • Remote interviews • Phone Interviews • Think outside the box of traditional recruitment methods
  • 9. Families First Coronavirus Response Act • The Families First Coronavirus Response Act (FFCRA) includes 2 main provisions: 1) Emergency Family & Medical Leave Expansion Act (EFMLEA) 2) Emergency Paid Sick Leave Act (EPSLA) effective on: April 1, 2020 • Apply to leave taken between April 1, 2020, and December 31, 2020.
  • 10. DOL Updates to FFCRA • July 20, DOL added new questions and answers to pandemic-related issues under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA) and the Families First Coronavirus Response Act (FFCRA).
  • 11. DOL Updates to FFCRA 1) Do employers have to pay employees for unauthorized telework hours? • FLSA standards state employers must pay employees for all hours of telework actually performed, including overtime work, if the employer knew or had reason to believe the work was performed. "This is true even of hours of telework that you did not authorize," the DOL said.
  • 12. DOL Updates to FFCRA 2) Is hazard pay required for employees working through a pandemic? • Not under federal wage and hour laws. Additional pay is "usually determined privately between employers and employees or their authorized representatives.“
  • 13. DOL Updates to FFCRA 3) Will telemedicine visits count as in-person visits to establish a serious health condition under the FMLA? • Yes. Through Dec. 31, the DOL will consider telemedicine visits to be in-person visits per the following: • Visit must include an examination, evaluation or treatment by a health care provider; • Is performed by videoconference; and is permitted and accepted by state licensing authorities; • Electronic signatures also will be accepted to establish a serious health condition under the FMLA.
  • 14. Poll Question #2 Do you expect employees at your organization to continue requests for FFCRA leave?
  • 15. Policy Compliance – Title VII – Civil Rights Update • Confirmation of Title VII provisions: • Applies to employers with 15 or more employees • Title VII prohibits employers from discriminating based on color, national origin, race, religion, sex. • Protected classes NOW also include: • sexual orientation • gender identity or expression
  • 16. Title VII – Impact • The employee handbook—such as in equal opportunity and anti-harassment statements, or anywhere prohibitions against discrimination based upon sex appearance. • Policies—such as nondiscrimination and anti-harassment, and dress code and grooming policies that are not already gender-neutral • Employee training—any diversity, equal opportunity or workplace conduct training such as anti-harassment or bullying and anti-discrimination. Employment Application
  • 17. Title VII – Impact • Benefits—any benefit that discriminates against employees based on these categories that is not already prohibited may soon be unlawful Employment Application • Hiring practices—background checks and reference checks may necessitate applicants divulge prior names that will expose them to potential employers as transgender. Ensure this information is kept confidential and not used against applicants. • Internal communications—eliminate wording that assumes traditional gender roles and heterosexual relationships and families as the norm.
  • 18. Title VII – Impact • Employee training—any diversity, equal opportunity or workplace conduct training such as anti-harassment or bullying and anti-discrimination. • Workplace rules—any rules based on gender, such as bathroom use, may need to be revised to allow for gender- neutral or gender identity-based practices.
  • 19. Policy Compliance – Employee Handbooks • Employers should ensure employee handbook and safety policies are updated. • Consistent and current policies assist with administration and mitigate risk for employee lawsuits. • Provides your employees with resources regarding company information and expectations. • Employee Signature Acknowledgement forms provide documentation for compliance and enforcement.
  • 20. Policy Compliance – Employee Handbooks • Policies should include the following: • FFCRA • EFMLEA & EPSLA – Recommendation to keep separate from handbook • FMLA – How do the above work together? • ADA – American’s With Disabilities Act • Pandemic & Emergency Preparedness • Attendance • Paid Time Off – definition of utilizing in conjunction with leaves
  • 21. Policies – Handbook & Safety • Safety policies should include the following: • Training on new CDC guidelines, employer expectations • Covid-19 Workplace Posters • Location of safety supplies i.e., masks etc. • Worker’s Compensation • Accident reporting process • Blood borne Pathogens
  • 22. Poll Question #3 How recently has your employee handbook been updated?
  • 23. Employee’s Mental Health • Financial Wellness • Safety • Job Security • Childcare • Balancing Work/Home • Elder Care
  • 24. Employee Resources • EAP Program • Insurance Resources • Mental Health Agencies • Local Health Department • Online Resources
  • 25. Recommendations • Review current FFCRA Policies & Leaves for compliance • Review employee handbook & update policies • Conduct Employee Trainings • Consistent & timely communication with your employees
  • 26. Free Resources Provided for our Listeners • http://www.jfs.ohio.gov/ • www.dol.gov • www.eeoc.gov Employment & Compliance • www.reacpa.com/service/c ovid-19-resource-center/ • www.ohiodcd.gov • www.cdc.gov Compliance & Covid-19
  • 27. Questions? Renee West, SHRM-SCP senior manager HR consulting services Rea & Associates 330.308.6818 renee.west@reacpa.com

Editor's Notes

  1. Impact on employee recruitment & recalling workers from layoff.
  2. This leads us to poll question #1:
  3. Next – Discussion on FFCRA
  4. Share story of top 2 applicant questions when interviewing -
  5. This leads us to poll question #1:
  6. Employers will continue to see potential leave requests for school and daycare issues.
  7. Employers will continue to see potential leave requests for school and daycare issues.
  8. Next slide – Continue discussions regarding Compliance with next slide.
  9. What areas employers need to review and update
  10. What areas employers need to review and update
  11. What other policies should organizations ensure are updated or added?
  12. Next slide – Continue discussions regarding Compliance with next slide.