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MANAGING STAFF

A manager tries to hold it all together during Omnicron surge

By Lynne Curry “I’m overwhelmed,” the manager said when he called. “Senior management pressures us to maintain high levels of productivity, but nearly a fourth of our employees call in sick every morning. On our last all-manager Zoom call, our CEO said our productivity is down and made it clear we’re expected to handle our employees’ anxiety and get them refocused on their work.” “What about my stress? Every time an employee pokes his head in my door, I know I’ll hear a complaint or get handed a resignation. Omicron sent us all into a tailspin. I supervise employees who fear they risk infection every day they come to work. And I’m supposed to convince them to work harder? Do you have a magic bullet?” Supervisors in the vise You’re… . . . read more

MANAGING THE OFFICE

Fear of COVID-19, demand for flexibility dominate return to the office

As the Delta variant continues to proliferate, 42 percent of workers are worried about returning to the workplace for fear of contracting COVID-19. This marks a substantial jump to Sept. 1 from June 2021 when only 24 percent had that concern. “With headlines about the rise of the Delta variant, breakthrough cases among the vaccinated, and an overburdened healthcare system in much of the country, COVID-19 concerns that were subsiding just two months ago have risen,” said Rebecca Ray, PhD, Executive Vice President of Human Capital at The Conference Board. Conducted in August by The Conference Board, the new survey captured the thoughts of more than 2,400 US workers on topics including return-to-work anxiety, factors driving them to pursue new job opportunities, opinions about remote work, and more. The survey… . . . read more

TOOL

Model Code of Conduct for Virtual Meetings

Far from eliminating workplace harassment, telecommuting has only caused it to morph into digital forms. As a result, law offices and other employers need to tweak their harassment policies to deal with the new face of harassment. The virtual meeting, in particular, has become the digital age version of the holiday office party where employees feel emboldened to do and say things they wouldn’t dream of doing and saying to co-workers in-person. How do you crack down on this behavior? The starting point is to implement a Code of Conduct Virtual Meetings. Here’s a template you can adapt.

COMPLIANCE

How to give your analog workplace harassment policy a digital makeover

One of the only nice things about the pandemic is the relief it’s provided from workplace harassment. After all, employees are far less vulnerable to workplace harassment when they work from home. Right? Absolutely wrong!!! Since the pandemic began: More than 4 in 10 U.S. workers (41 percent) reported that they’ve been subjected to some form of digital harassment (Pew Research); Nearly half (45 percent) of women experiencing sexual harassment say it happened remotely (Rights of Women, UK and Wales (“ROW”)); 23 percent of women reporting that they’ve been harassed say the problem has actually gotten worse since they began working from home (ROW); and More than 7 in 10 (73 percent) of victims say they don’t think their employer is doing enough to protect them from remote harassment (ROW)…. . . . read more

TOOL

Model Law Office Workplace Vaccine Passport Policy

Although courts have yet to weigh in on the issue, guidelines from the US Equal Employment Opportunity Commission and other regulatory agencies indicate that employers may implement vaccine passports if they perform a workplace assessment and determine that limiting entry to the vaccinated is a necessary health and safety measure to prevent an imminent risk. Employers must also ensure that their passport policies comply with anti-discrimination and privacy protection requirements. Here’s a Model Policy that you can adapt for use at your own medical office, depending on the workplace-specific circumstances involved.

COMPLIANCE

5 things to do when implementing a vaccine passport policy at your law office

Like many other employers, you might have been undecided about whether to mandate that your employees get the COVID-19 vaccine. However, now that the FDA has fully approved a coronavirus vaccine, namely, the Pfizer BioNTech, you are on much stronger legal ground in requiring that employees get vaccinated. One strategy that may work, especially for offices that aren’t administering the vaccine for their own employees, is to implement a vaccine passport, i.e., a policy requiring personnel to present proof of their vaccination status to gain entry to the workplace. What is a vaccine passport? A “vaccine passport” is a commonly accepted means of showing that a person has received the COVID-19 vaccine. Some foreign governments are creating official, uniform cards that individuals must display. (Go to this link for a… . . . read more

EMPLOYMENT LAW UPDATE

All private-sector employers with 100 or more employees must mandate vaccination or a weekly negative COVID-19 test

By Mike O’Brien President Biden spoke from the White House Sept. 9 to announce his new Path Out of the Pandemic Plan. Among other things, President Biden has instructed the Occupational Safety and Health Administration (OSHA) to develop rules that will require private-sector employers with 100 or more employees to mandate that their employees be vaccinated or receive a weekly negative COVID test. Employers who fail to do so will face fines. Some media outlets report that such fines could be up to $14,000 per violation. Along with President Biden’s spoken remarks, the White House also issued this statement: The Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated… . . . read more

EMPLOYMENT LAW UPDATE

OSHA updates guidance to track the latest CDC mask recommendations

By Mike O’Brien The U.S. Occupational Safety and Health Administration (OSHA) has updated its COVID workplace safety guidance entitled, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. OSHA’s latest update on Aug. 13 “reflect[s] the July 27, 2021 Centers for Disease Control and Prevention (CDC) mask and testing recommendations for fully vaccinated people.” Prior to this update, OSHA had stated that fully vaccinated employees did not need to wear masks and that COVID safety precautions really were focused on protecting only unvaccinated workers. However, that guidance has now changed in response to the highly contagious Delta variant. OSHA’s guidance includes “recommendations,” that do not carry the force of law and “creates no new legal obligations.” Still, OSHA’s counsel likely becomes a standard of reasonableness… . . . read more

WORKPLACE SAFETY

COVID-19 delta variant: What managers need to do

By Lynne Curry You’ve heard. Now you need to act. If you had hoped the pandemic had faded away, you need to buckle down once more. The highly contagious Delta variant has caused illness and hospitalizations to rise. While it spreads primarily among the unvaccinated, no one is immune. Further, new variants could prove even more threatening. What does that mean to you as an manager? To you as an employee? What do offices need to do to provide their employees and clients with safe workplaces? Keep infections out of the workplace If you’ve let yourself relax your safety precautions, you need to tighten them again to keep infections out of your workplace. Encourage vaccination. Vaccination remains your and your employees’ best method for staying COVID-free. If you’re an employer,… . . . read more

EMPLOYMENT LAW UPDATE

Masks making a comeback and vaccine mandates are on

By Mike O’Brien Masks make a comeback On July 27, 2021, the CDC issued new guidance for people that have been fully vaccinated against COVID-19. Previously, the CDC had said that fully vaccinated individuals did not need to wear masks in public. However, largely in response to the spread of the Delta variant, the CDC now recommends wearing a mask indoors in public if you are in “an area of substantial or high transmission.” The CDC has provided a “county tracker” tool for determining what areas have “substantial or high transmission.” A large portion of the State of Utah appears to be in the high transmission range. So far, OSHA hasn’t weighed in on the CDC’s updated guidance, but when the CDC has issued mask guidance in the past, OSHA… . . . read more


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