Public Health Emergency No More: Pitfalls Employers Should Avoid While Easing Their COVID-Era Policies

By Andrew C. Karter on June 6, 2023 Posted in Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves

After more than three years, both the U.S. Department of Health and Human Services (HSS) and the World Health Organization (WHO) have ended their classification of COVID-19 as a public/global health emergency. In conjunction with those announcements, President Biden likewise ended the COVID vaccine mandates that had been in effect for federal workers and contractors.

With the health emergency officially over and the federal mandates lifted, private employers are following suit. But even as the restrictions are relaxed, the virus remains and continues to sicken people. Thus, while some may welcome this news, others may find it anxiety inducing. Employers who had instituted and enforced their own COVID policies should seriously consider reviewing those policies and how to proceed with any decision to lift such requirements.

Child Labor Law Violations On the Rise – What Should Employers Do?

By Ryan Krone on June 5, 2023 Posted in Employment Counseling & Workplace Claims Prevention

Anyone who has been watching the news lately has probably noticed a recent uptick in stories about child labor. What is causing this increased attention? The Department of Labor’s (DOL) increased focus on child labor is probably a significant factor; the DOL has identified as one of its key efforts “hold[ing] all employers accountable” to ensure child labor is removed from supply chains. Perhaps as a result of this increased focus, child labor law violations at high profile businesses are making news around the country. At the same time as the federal government is pushing back against child labor, some states are actually rolling back child labor protections under their own laws, creating tension with the tightening of enforcement at the federal level.

Many employers are asking why they should be worried about this since they are “certain” they are not violating child labor laws. Well, the truth is, no matter what an employer does, there is never a “certainty” that they are not violating child labor laws, particularly with the growing use of high-quality false identification documents. However, there are best practices employers can follow to help minimize risk.

Promoting Employee Mental Health Well-Being Pays Off

By Tiffany D. Hendricks on May 22, 2023 Posted in Employee Benefits, Employee Handbooks & Policies

May is Mental Health Awareness Month and the perfect time for employers to check on the mental well-being of their employees and examine their current policies, because doing so will ultimately improve their bottom line. Since the COVID-19 pandemic, workers have reported experiencing stress at work due to compensation not keeping up with inflation, longer hours, increased workplace monitoring, and lack of involvement in their organization’s decisions. Workers who are highly stressed are more likely to be less engaged and committed to achieving organization goals and may commonly suffer anxiety and depression. That could translate to higher costs to the employer and lower productivity. Employers who promote and support mental health initiatives are more likely to avoid the common financial pitfalls of a highly stressed work environment. Employees who feel supported at work are more likely to stay at a job which reduces turnover costs. Employers who foster a positive work environment and provide mental health resources and benefits to their employees are able to attract and recruit top talent in a competitive labor market. That investment could pay off in the long run.

Let’s “Chat-a-Bot” Artificial Intelligence in the Workplace

By Kevin Finley on May 11, 2023 Posted in Employee Handbooks & Policies, Employment Discrimination Harassment & Retaliation, Privacy

With the rise of chatbots, such as ChatGPT (OpenAI), Bard (Google), and Claude (Anthropic), and other generative artificial intelligence (AI) tools developing at a rapid pace, employers need to consider whether, and to what extent, employees should be permitted to use them in workplace. On the one hand, there are confidentiality and privacy issues, bias and fairness concerns, legal compliance headaches, and other potential liability pitfalls. Yet, generative AI tools promise revolutionary insights, creative content creation, conversational interfacing, and efficiencies that may outweigh those risks. Should employers embrace or restrict the use of generative AI in their workplaces? Either way, employers must be proactive in considering, developing, and implementing best practices and policies governing their employees’ use of AI.

Pay Equity Audits For The Pay Transparency Era

By Rukayat Salaam on April 26, 2023 Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Investigations & Audits

In recent years, workplace pay equity has become a priority for many states and cities, as seen by the growing number of pay transparency laws being implemented across the country. In turn, pay equity has become a critical priority for employers. With that, companies are left wondering what steps they need to take to ensure they are contributing to a more equitable workforce. Pay equity audits are most likely the answer, and can be a useful tool for employers to ensure they are promoting workplace equity and inclusion, as well as complying with any applicable federal, state, or local guidelines. Pay equity audits are extremely beneficial for companies both big and small. However, there are potential risks associated with conducting these audits and certain steps that can be taken to ensure these risks are minimized.

Your Employee Benefit Plans May Need a Check Up: Nearing the End of the COVID-19 Public Health Emergency

By Gregg Moran and Beth Alcalde on April 19, 2023 Posted in Employee Benefits, Employee Handbooks & Policies

Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the time is now (or 4:50 p.m. on May 10, based on historical trends) for benefit plan sponsors to think about the necessary changes to their plans to mark the occasion. From the employers’ perspective, there are some key changes to take note of as the sun begins to set on COVID-19 emergency measures which may have impacted employee benefit plans over the past few years.

Retrogression and Further Delays Expected in the Employment-Based Immigrant Visa Process During May 2023

By Anthony El-Hashem on April 14, 2023 Posted in Immigration Planning & Compliance

Employers sponsoring foreign nationals should be aware that some cut-off dates for filing immigrant visa applications in certain employment-based (EB) preference categories have recently “retrogressed” or moved backwards in time due to increased demand. The Department of State publishes a monthly Visa Bulletin, which apprises foreign nationals of the time to file their immigrant visa application. The date that a foreign national may submit their application depends on a combination of factors, including their country of birth; the Priority Date and EB preference category listed on the approved I-140 Immigrant Petition for Alien Worker; and the cut-off date on the relevant Visa Bulletin chart. Recent Visa Bulletins for March and April 2023 included retrogressed dates, and the Department of State warned that additional corrective action to limit the number of visas issued may be on the horizon. As predicted, the May 2023 Visa Bulletin, published on April 13, 2023, provides that the final action cut-off date for foreign nationals from all counties except India and China in the second EB preference category will retrogress by four and a half months to February 15, 2022. It also establishes a worldwide final action cut-off date of June 1, 2022, for the third EB preference category, significantly delaying the issuance of immigrant visas to foreign nationals that are otherwise eligible.

New Protections for Working Mothers: The PUMP Act

By Emily Ayvazian on March 28, 2023 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention

Nursing mothers now have pumped up rights at work. Congress recently passed the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act which went into effect on December 29, 2022, and expands the employment protections previously afforded to nursing employees through the Break Time for Nursing Mothers Law (Break Time Law).

Despite American Academy of Pediatrics guidance and the known benefits to breastfeeding, studies consistently show that only a minority of babies are still exclusively breastfed at six months. The recent formula shortage crisis has only revived conversations around family and breastfeeding support, especially for low-income workers who are more likely to work in jobs without parental leave or spaces to safely pump and store breastmilk. In fact, according to the U.S. Breastfeeding Committee, nearly one in four women of childbearing age were not covered by the previous Break Time Law. The PUMP Act has not only closed this legal loophole but also expanded employment protections to millions of working moms.

Handle With Care: Dealing With the Aftermath of Layoffs

By Paige Newman on March 23, 2023 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention

Mass layoffs have been the topic of discussion in the technology industry over the last several months, with tens of thousands of employees laid off so far in 2023 alone. In many cases, the layoffs are tied to concerns related to the current economic environment, as companies exercise caution in reducing expenses in anticipation of a global recession.

Temporary Workers’ Bill of Rights: New Jersey Enacts Trailblazing Protections

By Andrew C. Karter on March 14, 2023 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Wage & Hour

Temporary Workers’ Bill of Rights: New Jersey Enacts Trailblazing Protections

New Jersey has recently trailblazed a path in the temporary staffing market by enacting a “Temporary Workers’ Bill of Rights.” In a possible harbinger for things to come nationwide – particularly in more worker-friendly states—New Jersey’s new law represents the most significant step yet that a state has taken to protect a segment of the workforce that is often overlooked by state law. Employers who dispatch and/or use temporary workers in New Jersey and around the country should take note of this new law and growing trend.