On this month’s podcast Rob, Scott, and Jason discuss relationships in the workplace. They cover recent news stories, pandemic relationship stats, reviewing your handbook, putting company policies in place, the importance of employee communication and disclosure, Title VII, what’s prohibited by law, and more.
We’re always happy to help with any questions you may have on the latest regulations, government policies, and trending HR topics: hr@employco.com
HR expert discusses how vaccine mandates have slowed down the supply chain and job stability
Truckers protesting mandated vaccines at the Canadian border have vastly slowed down the supply chain, which was sputtering back to a slow start after a difficult year. However, supply chain slowdowns are just the tip of the iceberg when it comes to the issues that are arising from vaccine mandates.
“The Freedom Convoy 2022 speaks to a larger social movement that is happening in Canada, the United States, and across the globe,” says employment expert Rob Wilson, President of employment solutions firm Employco USA. “While we all want to reduce COVID rates and recover from this pandemic, businesses are faced with a tough decision when it comes to mandating vaccines and potentially losing employees in an already competitive job market.”
The modern workplace has continuously evolved, constantly adapting and changing to meet employees’ preferences on where, how, and why they want to work. In response, employers strive to remain attractive to employees by offering compelling perks, better work environments, and training and development programs.
When the COVID-19 pandemic hit, it changed the work environment and put additional pressure on businesses and HR teams to better meet the needs of their workers. Here are five key HR trends to keep an eye on this year.
The Great Resignation will continue
In 2021, employees voluntarily left the workforce in droves. Some were driven by the need to be home with their families. Others left jobs for better opportunities. This trend of employees leaving their jobs will continue in 2022. In fact, research shows that employees will be more likely to leave in 2022, with 65% of workers saying they intend to stay in 2022 versus 70% of workers in 2021. The great exodus is driven by several factors, including workplace environment and culture, compensation and benefits, and prioritizing work-life balance. Companies that can meet their employees and prospects with the right blend of these will attract and retain better, happier, and more productive employees.
On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccination policy requirement for private employers with 100 or more employees.
ETS Litigation – The ETS went into effect on and has been in litigation since Nov. 5, 2021. It was blocked by the 5th U.S. Circuit Court of Appeals early on but was reinstated by the 6th Circuit on Dec. 17, 2021.
SCOTUS Reasoning – In its published decision, SCOTUS stated that OSHA was not given the power to regulate public health more broadly than occupational dangers. In addition, SCOTUS explained that challenges to the ETS were likely to succeed on the merits because the agency lacks the authority to impose the mandate. Specifically, the OSHA Act only allows the agency to set workplace safety standards, not broad public health measures. Finally, the court argues that the requirement that employees either become vaccinated or undergo weekly testing is not an exercise of federal power. Instead, SCOTUS stated the ETS represents a “significant encroachment into the lives—and health—of a vast number of employees.”
On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued 14 new answers to frequently asked questions (FAQs) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic. The new FAQs specifically address the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA).
ADA and COVID-19 Background – Under the ADA, employers with 15 or more employees may face liability if they take certain adverse employment actions against individuals who have been diagnosed with or are believed to have COVID-19. The ADA also requires these employers to provide reasonable accommodations for individuals with disabilities, including any related to COVID-19. Smaller employers may be subject to similar rules under applicable state or local law.
On Monday, Dec. 27, 2021, the Centers for Disease Control and Prevention (CDC) reduced its recommended periods for COVID-19 isolation (confirmed COVID-19 infection) and quarantine (potential COVID-19 exposure). Asymptomatic individuals infected with COVID-19 have been told to isolate for five days from the day they test positive—down from the original 10. After, they should wear a mask when around others for an additional five days.
The CDC’s new quarantine guidance was similarly updated. People who are unvaccinated or are more than six months out from their second vaccine dose (or more than two months after getting the Johnson & Johnson vaccine) and not yet boosted should avoid others for five days after COVID-19 exposure. Then, they should diligently wear a mask for an additional five days afterward.
We recently released the 1st quarter Attraction and Retention Newsletter. This edition of the newsletter includes the following information:
Many human resources (HR) functions were quickly reimagined in 2021 due to the COVID-19 pandemic, and organizations can continue to expect new employment-related challenges in 2022. Here are five HR trends to monitor this upcoming year:
HR expert Rob Wilson explains how COVID continues to challenge HR guidelines
Accessible and accurate COVID testing is a crucial part of our return to the ‘new normal,’ particularly when it comes to getting employees back to work. This is especially true when it comes to businesses which haven’t yet required the COVID vaccine, and instead will accept negative COVID test results from unvaccinated staff.
“One way that many human resource departments have navigated the challenging and divisive issue of vaccine mandates is by accepting negative COVID results in their stead. But as many cities in America are grappling with COVID testing shortages, this stopgap is no longer a viable solution, especially as even fully vaccinated people are now getting the new strain of the virus and the CDC has said that fully vaxxed Americans are still spreading Omicron,” says Rob Wilson, President of Employco USA, a nationwide employment solutions firm with clients across the country.
“And, the surge in COVID testing means that results are taking longer than before, especially without adequate lab staffing. So even if your employees CAN get tested quickly, they may be waiting days for the results.”
Employment trends expert examines reasons behind Great Resignation and what employers can do
The Great Resignation just became the Greatest Resignation. The January jobs report reveals that a record number of people quit their positions in November… 4.5 million of them, in fact.
Is it true that people just don’t want to work, or what can explain the millions of people who have decided they no longer need gainful employment?
Rob Wilson, employment trends expert and President of Employco USA, a nationwide employment solutions firm with clients across the country, weighs in:
“While much of the media focus has been on the fact that white-collar workers are turning in their proverbial keycards, this latest jobs report actually reveals that it is low-wage workers who are quitting in the millions,” says Wilson. “Sectors like food service and hospitality are the ones who have been hit hardest by the Great Resignation.”