Significant Human Resources Alterations in Store Under Biden Administration

 

 

FlexHR

HR changes employers can expect from the Biden administrative agenda.

Copyright © 2021 Flex HR, LLC. All rights reserved.


2020 was quite an unpredictable year, and employers are still working to restore stability as the nation transitions Presidents. One thing the past year has taught business leaders is the flexibility to adapt to such fluctuating environment. And businesses need to stay compliant because some major HR deviations are due to transpire. President-elect Joe Biden has communicated his initiatives to considerably change employment and labor laws that currently reside in the workplace today. His actions thus far prioritize filling his cabinet and surrounding offices with individuals that have deep roots in labor relations. Therefore, it’s imperative that Human Resources leaders be aware of the predicted upcoming modifications.

Key Human Resources areas possibly impacted by the new administration in 2021 will be: 

COVID Management

There are strong indications that the new administration will move very fast to implement new guidelines and standards. In fact, this first action could come as soon as a few days after the President-elect takes office. Instilling remote work and holding companies accountable for that, strengthening sanitation procedures, social distancing, and employee training is also on the shortlist of items that could be implemented quickly. We may see a band at any social events of more than 25-50 people. And if it is allowed, masks will be required or a fine can be imposed. These guidelines could take effect until the number of death cases drops substantially. To support these efforts the new administration is considering doubling the number of OSHA inspectors.

COVID-19 Direction

OSHA to issue more binding rules outlining workplace exposure prevention, testing, temporary closures, and penalties for employer COVID violations. We will also see a push for more monetary relief for those economically harmed by COVID.

Healthcare

Expanded coverage under the Affordable Care Act (ACA). This will take some time to see major reform. The only thing we see happening quickly is increased attention to health plans covering all care related to COVID. Another popular offering is to add Telemedicine as a requirement in ACA qualified plans.

COVID Paid Leave

Extended paid leave of the Families First Coronavirus Response Act (FFCRA) is currently voluntary for employers to retain through March 31, 2021. We may see swift action to require this Act to be followed as it was through December 31, 2020, and even extending the act several more months past March 31, 2021.

Paid Leave

Beyond anything related to COVID, the President, and Vice President-elect have made strong commitments to put a Company Paid Leave Act into law. Share on X

Previous communications of 12 weeks of paid leave have since dissipated. Most states that have implemented a paid family leave program are paid through a state tax charged to the employee as a payroll deduction. Also, this may be mandated by the size of the company.

Wage-And-Hour

Push for a nationwide minimum wage increase, overtime rule changes, and “wage theft” provisions to the Fair Labor Standards Act (FLSA) will be seen in the first 90-days of the new administration. There may be some occupations that will be allowed to sustain a lower wage such as agricultural and farming positions, for example.

Secretary of Labor

President-elect Biden has nominated Boston Mayor Marty Walsh to be the next Secretary of State. This is the first union member to fill this role in over 50 years, indicating the new laws will focus on employee-centric policy versus employer-supported rules.

Non-Competes

Only a few states today prohibit non-competes in employment agreements. However, President-elect Biden has strong commitments to supporting the California elected Vice President in following her state law of not allowing non-competes for all workers.

No-Poaching Agreements

This is where employers and employees agree not to poach and hire each other’s employees. The new administration has a strong commitment to ban this practice.

Harassment, Bullying, and Discrimination

Broadening on discrimination and harassment (gender, age), and possible required anti-harassment training every year or two. There are some state laws requiring this now so it would not be hard to model off of one of those states.

Immigration

Transference in executive orders affecting immigration and increased work visas. However, this may help support the shortage of high-tech open positions and other jobs for Nurses and even Doctors but resulting in the burden of bringing them to work for US companies at the expense of the employer. We most likely will see fees escalate your VISA applications, H1B’s, and green card administration services. And you guessed it, the cost will shift more to the burden of the employer.

Labor relations

Most likely there will be a drive to enforce the “Right to Organize” Act, supporting major changes for Unions, which they will welcome. Over the past four years, the Labor Relation Board has not been at the forefront in labor activity. Under the Biden administration, expect to see the NLRB very active in employee-centric activities.

About Flex HR

Jim Cichanski – CEO FlexHR

Flex HR is an Administrative Services Organization (ASO) that provides leadership to deliver customized, scalable, and cost-effective HR outsourcing solutions. Flex HR offers a highly collaborative approach to consulting and outsourcing by aligning core human resources competencies needed to achieve the value expected from your company’s most important assets: your people.

 

 

Jim Cichanski | Founder & CHRO | Flex HR

JCichanski@FlexHR.com

404.966.0690

Thank you for visiting our blog.

 

Jim Weber, Managing Partner – ITB Partners

Jim Weber – Managing Partner,  ITB Partners

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What the COVID-19 Vaccine Could Mean for Companies Throughout the Nation

FlexHR

In the past week and a half Pfizer and Moderna have announced their COVID vaccines have proven 95% effective. “It’s just as good as it gets — 94.5% is truly outstanding,” Fauci told CNN.

According to Biopharma Dive, “no vaccine has ever been developed so quickly, never mind manufactured for the world. The goal, at least in the U.S., is to have a vaccine ready for use in some fashion by the end of the year, or early next.”

Although doctors suggest the vaccine may not be readily available for the general public for several months, business owners are already turning to their Human Resources professionals, such as Flex HR, Inc., wondering whether or not they should require their employees to be vaccinated. And if that is legal?

Can Employers Mandate Vaccines?

In short, the answer is yes. The U.S. Occupational Safety and Health Administration (“OSHA”) claims employers can require their staff to get influenza vaccines, for example, but emphasizes that employees “need to be properly informed of the benefits of vaccinations.” Obligatory workplace vaccinations are not a new concept despite the focus of our national conscience. For years employers have included mandatory vaccination programs into their policies and procedures within the company Handbook.

In fact, flu vaccine guidelines have been a part of specific industry policies for a very long time; particularly for healthcare workers. Amy Traub, an attorney with BakerHostetler in New York City, told the Society for Human Resource Management that hospitals and nursing homes, in particular, have a compelling argument for requiring the COVID-19 vaccine given that their employees interact largely with immunocompromised patients.

According to JacksonLewis, “Neither the EEOC nor OSHA has published guidance (yet) on the issue of COVID-19 vaccines in the workplace; however, currently, both the EEOC and OSHA recommend encouraging, not necessarily requiring, flu vaccines.”

What If An Employee Refuses?

It’s inevitable that some workers are going to reject getting the vaccine. Pushback could be for political or religious reasons, medical concerns, or even out of fear. OSHA goes on to explain that “an employee who refuses vaccination because of a reasonable belief that he or she has a medical condition that creates a real danger of serious illness or death (such as a serious reaction to the vaccine) may be protected under Section 11(c) of the Occupational Safety and Health Act of 1970 pertaining to whistleblower rights.” Flex HR, an industry-leading full-service HR firm supporting all HR functions, recommends employers take the time to listen to their employees’ concerns. If an individual opposes receiving the coronavirus shot, allow them to provide an explanation for their refusal of the vaccine. This could include justification of their religious beliefs or a note provided by their medical advisor addressing their medical condition and other health risks.

The Civil Rights Act also compels employers to issue a reasonable protective alternative — such as wearing a mask or allowing employees to work remotely (if possible) — in lieu of a vaccine. However, a worker who objected to a vaccine requirement “for moral or political reasons would not be protected,” CNN Business reported. If an employer puts a COVID vaccination mandate into the company policy as a term and condition of employment and an employee refuses to comply, he or she may even be fired if no accommodation can be made.

Considerations

Before an employer goes to their HR department requesting to add a vaccination policy for their staff, consider these premeditations below when weighing this very controversial decision.

    • Is mandating a vaccine policy really necessary or are there other measures your workplace can take first?
    • Have you required your staff to wear masks in the office, created more physical distance between working spaces, or allowed employees to work from home in order to prevent the spread of COVID-19?
    • Encourage employees to get all vaccinations and be sure their vaccinations are up to date to keep themselves and their co-workers safe.
    • Employers that decide to put a vaccination policy in place should seek HR expertise in adapting this new requirement.
    • Offer flu shots and other vaccinations at no cost to the workforce and even make an on-site location for staff to get during working hours.

Requiring the workforce to receive the COVID-19 vaccine is a tough choice for one’s business. The pandemic has undoubtedly triggered employers to adapt to an unknowing, changing environment. Jim Cichanski, Flex HR’s CEO notes “I know we will receive more direction as we get closer to the arrival of a COVID-19 vaccine. In the past, guidance from OHSA has been to protect your workers and the workplace by allowing employers to demand COVID negative tests before returning to the office. One good piece of advice is to require employees to get tested for COVID. This protocol aligns with providing that safe haven working environment for all staff. Now we await potentially the same type of guidance once the actual vaccine is released.”

When Do Employers Have To Decide?

Employers have quite a few months to make the decision whether or not they will mandate their staff to get the new Coronavirus vaccine. The CDC indicates that the 21 million healthcare workers will be the priority, then followed closely by first responders, teachers, high risk, and over 65 years old. Dr. Moncef Slaoui, chief science adviser for the federal government’s Operation Warp Speed says, “each state will independently decide, taking account the guidance, who to immunize.” He goes on to say “20 million Americans could be vaccinated by next month.” As employers continue to explore all their policy options, they should remain vigilantly prepared, proceed with caution, and obtain expert HR support sooner rather than later.

Jim Cichanski – CEO FlexHR

Engaging business complexities is perplexing enough without the added burden of doing so during a pandemic. Dr. John Cascone, SVP at Flex HR, has commented “many CEOs are reaching out for guidance in an effort to provide sound direction to their management team and employees to keep them safe and productive during this critical period.” Leadership is continually challenged with making effective and balanced decisions for both staff and the organization. Simultaneously all while trying to enforce the company’s core values and safeguarding the well-being of employees. To ease the burden of management, Flex HR experts have created “helpful tips for managing the Coronavirus crisis” online, specifically addressing COVID-19 business impact concerns. For checklists, sample return to work letters, and other essential information for having your staff return to work, contact Flex HR now.

 Thank you for visiting our blog.

 

 

Jim Weber – Managing Partner, ITB Partners

Jim Weber – Managing Partner,  ITB Partners

I hope you enjoyed our point of view and would like to receive regular posts directly to your email inbox.  Toward this end, put your contact information on my mailing list.

Your feedback helps me continue to publish articles that you want to read.  Your input is very important to me so; please leave a comment.

Helping Businesses Navigate the COVID-19 Challenges

FlexHR

Ten months into the COVID-19 pandemic, companies are under unprecedented stress with challenges to keep their business afloat and their employees safe and productive. In spite of the barrage of federal and state attempts to provide assistance to small and medium-sized companies, the daily dissemination of conflicting information about the pandemic, and the pressures placed on management by their employees for guidance and direction concerning their job security and health in the workplace; many employers are struggling to make appropriate and sound decisions to successfully guide their company through this difficult period. Thus, Human Resource experts have never been more valuable than right now to help navigate these varying new work environments.

Under these conditions that show no signs of abetting in the near term, company leaders are re-examining changes to their internal operational policies and procedures. Additionally, the structural deployment of human resources is vital to organizations in an attempt to adapt to these continuously altering conditions. Some of these variations include among others:

    • Develop work-from-home policy mandatory for certain employees and positions
    • Consider split-shift and rotating schedules
    • Remote orientation of new employee to the company
    • Increased deployment of virtual training technologies to increase competency levels
    • Health screening procedures for employees and visitors in the workplace

While many of these changes may be desirable and necessary, prudent caution should be exercised when considering these actions. Sanctioning the proper HR expertise is more important now more than ever to successfully strategize and manage the modifications of new office policies. Businesses around the nation are trending towards outsourcing their human resources. Companies like Flex HR, Inc., a full-service HR firm based out of the Atlanta, GA area, oversee these adaptable transitions all while mitigating possible liability risks for the employer. HR professionals have become significant leaders of positive change; inventing new ways to work, altering job functions, developing new learning and communication methodologies.

When implementing updated policy changes it is important to deliberate the impact of the change on compliance requirements already in force. For example, if you institute a health screening policy designed to keep the workplace safe for employees, be sure the policy does not violate HIPAA guidelines. If you consider mandating work-from-home policies, be sure to include procedures that provide for liability protection for the company.

Further complicating these challenges are the alterations and additions to federal and state regulatory requirements that will most certainly follow the implementation of business assistance programs. New OSHA, FLSA, IRS, HIPAA, and EEOC rules associated with COVID-19 continue to have an impact on business operations. It’s critical for business leaders to take measured strategic action to address these challenges to their business. Small to medium size companies are confronting two major complexities daily: how to keep their employees and workplace safe and productive, and how to deploy their available resources to maintain business operations.

Employee and Workplace Safety

By far the greatest issue facing corporate leadership during the pandemic is the protection of employees and the workplace. Employees are scared to come back into the office, afraid they may contract the virus or worse bring the virus home to their family. Therefore, companies must develop detailed procedures that keep the workplace as free of the virus as possible including sanitizing all workspaces and surfaces, hand sanitizer throughout the office, health screening procedures for both employees and visitors, as well as assigned responsibility to ensure procedures and policies are enforced and documented.

It is critical that employers maintain communication outlining what actions the company is taking to keep their staff safe. Communication efforts should include, but are not limited to:

    • Set up regular weekly management communication to employees regarding safety policies and actions the company is taking to keep the workplace safe
    • Invite employees to share their concerns and recommendations with the company verbally and in writing
    • Create a Q&A mechanism where employees can ask, receive, and share issues and concerns as well as receive the same information on answers shared with them

Overall, the more accurate and uniform information shared with employees the more productive the employee workforce will be.

 

Re-engineering Workforce Deployment

If employers are contemplating re-engineering or restructuring workforce deployment, it is important to do so by considering the integration and interdependence of the following reengineering guidelines. Re-engineering and workforce restricting can include work-from-home mandates, job restructuring or redesign, departmental reorganization, career track restructuring, compensation adjustments, or position reclassification. Foremost among management’s consideration is ensuring key change management initiatives are well-conceived and well implemented. Phil Davis, SVP of Flex HR, notes “HR needs to play a major role when change management methodologies are being determined. Companies call on me to support leadership and upper management, ensuring their teams are communicating these efforts properly.”

Guideline considerations include:

 

    • Cost/Benefit Assessment Protocols

Assessment protocols should be defined prior to instituting any modification to determine if the planned benefit resulting from the change is worth the costs in human as well as monetary terms.

    • Productivity and Performance Metric Realignment

When deviations are considered in the job responsibilities, supervision reassignment, and/or primary work location, attention should be given to realigning performance and productivity metrics in consultation with the employee.

    • Policy and Guideline Considerations

Whenever redeployment of employees, responsibilities, or performance metrics are undertaken, all affected policies and procedures should be reviewed for required changes in employee handbooks and communicated to all employees.

    • In-house and Remote Training Requirements

When making structural changes that impact the training and development of employees, it’s important to confirm that the requisite communication and training technology is available, and employees know how to use it.

    • Compliance Issue Management

All changes considered should be reviewed against any potential violation of compliance requirements, ensuring compliance issue management and clarification be conducted prior to implementing any adjustments.

    • Corporate Management and Governance

Any re-engineering fluctuations that may require a reexamination of corporate governance issues or modifications should be resolved prior to initiate the change action.

 

Jim Cichanski – CEO FlexHR

Engaging business complexities is perplexing enough without the added burden of doing so during a pandemic. Dr. John Cascone, SVP at Flex HR, has commented “many CEOs are reaching out for guidance in an effort to provide sound direction to their management team and employees to keep them safe and productive during this critical period.” Leadership is continually challenged with making effective and balanced decisions for both staff and the organization. Simultaneously all while trying to enforce the company’s core values and safeguarding the well-being of employees. To ease the burden of management, Flex HR experts have created “helpful tips for managing the Coronavirus crisis” online, specifically addressing COVID-19 business impact concerns. For checklists, sample return to work letters, and other essential information for having your staff return to work, contact Flex HR now.

 Thank you for visiting our blog.

Jim Weber – Managing Partner, ITB Partners

 

Jim Weber – Managing Partner, ITB Partners

Jim Weber – Managing Partner,  ITB Partners

I hope you enjoyed our point of view and would like to receive regular posts directly to your email inbox.  Toward this end, put your contact information on my mailing list.

Your feedback helps me continue to publish articles that you want to read.  Your input is very important to me so; please leave a comment.

Human Resources Bootcamp for Business Owners

FlexHR Consulting Business Bootcamp

HR trends and best practices for business owners and management.

Distress in the workplace lately? You’re not alone.  Flex HR consultants often get asked to come to speak to businesses in various industries regarding the vital HR functions to keep their businesses sustained properly. Thus, Flex HR offers a Human Resources Bootcamp for business owners and managers.

Recently, Flex HR hosted a Human Resources Trends Bootcamp in Denver, CO. This discussion focused specifically on Veterinary Practice initiatives essential to HR that owners and managers must comprehend to stay compliant with labor and IRS laws.

This presentation took a deep dive into HR best practices, current HR trends, clarifying policy, laws, handbook communications, managing millennials, HR operations, onboarding & termination, and of course the impacts from COVID-19. Jim summarized tangible situations and how the repercussions can cost tens of thousands of dollars to your organization. He also outlined the “Risk Factor” of actions that are critical for managing the human side of an organization’s enterprise providing examples on how to get the most out of your human capital, along with tools to take back and implement in your practice. It’s imperative for businesses of all sizes to protect and grow their assets, but lack the HR knowledge to do so. Consequently, nearly 85% of organizations outsource at least some HR functions.*


Jim Cichanski – CEO FlexHR

Jim Cichanski was the presenter. He is the founder and CEO of Flex HR, Inc. and a Preferred Partner of VSG. Jim also spent 26 years in the Army National Guard achieving the rank of Colonel, was inducted into the Officer Candidate School Hall of Fame, and received numerous awards including the Legion of Merit. Jim holds a BA in Applied Behavioral Sciences, is a graduate of the Department of Defense Equal Opportunity Institute, has served on the board of HealthSource of Georgia, and was an inside board member of 17 companies.  He is an active member of many HR professional organizations. He recently served on the Board of Directors for HomeStretch and is an Angel investor in several Human Resources related ventures.

 

FlexHR

Flex HR, Inc. is among the top HR outsourcing and consulting firms, based out of the Atlanta, GA area. They were selected Best of Johns Creek Award in the Business Human Resources Consultant category by the Johns Creek Award Program last year, and this year was inducted into the Johns Creek Business Hall of Fame. The Atlanta Journal-Constitution awarded Flex HR “Best of Atlanta Business Profiles” while Outsourcing Gazette magazine listed Flex HR as the Top Most Promising HR & Staffing Service Vendors.” For 3 years INC Magazine recognized Flex HR as an Inc 5000 “Fastest Growing Privately Held Companies in America”. Jim was also recognized by the North Fulton Chamber of Commerce as the “Small Businessperson of the Year.” Catalyst Magazine acknowledged Flex HR as 1 of 18 Companies CEO’s in Atlanta would like to own.

 Visit our Coronavirus pandemic page or more information on how businesses are managing their HR assets during the continued consequences of COVID-19.

Do you need an HR Bootcamp for your business or more information? CONTACT US NOW

Outsourcing HR: Big Savings for Small Business,” by Adam Skolnick, The Fiscal Times, Atlanta, GA, July 22, 2013.

 

ITB Partner, Barry Flink Named to Magazine Board

Longtime community leader brings four decades of management experience, including in the hospitality industry.

Barry Flink

Barry Flink, executive vice president and partner of Flex HR, Inc., has been named to the advisory board of Departures Magazine. The publication is a source for high-end travel, restaurants, hotels, and fashion, shopping, art, and culture.

Flink has 40 years of management experience in multiple industries. His favorite jobs have always been in the hospitality industry. He has held senior-level management positions in Westin Hotels & Resorts, InterContinental Hotels, Service America Corporation, the Greyhound Corporation, and the Peasant Restaurants, Inc., based in Atlanta. He began his career in the hospitality industry as the Hyatt Hotel Corporation’s first national management trainee.

Flink is also an executive in residence at Kennesaw State University and has served on the board of directors of Georgia Tech’s College of Management as well as KSU’s Coles College of Business. He has also served on the President’s Advisory Board of Oglethorpe University.

He has been a visiting lecturer at Cornell University, Washington State University, Florida State University, Georgia Tech, Georgia State University, Emory University, and the University of Guelph and Ryerson University in Canada. He also wrote a chapter for a college textbook, “Business Acumen II.”

Flink was board chair of the Edge Connection and has served on the Small Business Council of the Metro Atlanta Chamber of Commerce, the board of directors of the American-Israel Chamber of Commerce, and an advisory board of Saint Joseph’s Hospital.

For More information contact:

Marilyn Pearlman

Atlanta Cause Marketing & PR

Phone: 404-298-6910

Mobile: 404-395-2602

Web: http://www.atlantacausemarketing.com

Email:  mpearlman@atlantacausemarketing.com

 

How to Design A Successful HR Strategy For Returning To Work During Pandemic

Successfully-Returning-To-Workplace: by Jim Cichanski and Jamie Sieja

The past few months have been unpredictable as the pandemic has taken a toll on most businesses. Almost all small to midsize companies have learned to adapt to these arbitrary and varying new working environments. However, it seems the change is actually going well for workers. 57% of U.S. employees think COVID-19 has changed the way we work for the better.*

Workplace Flexibility Moving Forward After Coronavirus

Therefore, it’s time to start looking ahead and getting businesses back on track by implementing updated work policies as the economy restarts. It’s imperative that Human Resources communicate their restructured plans to ensure a healthy and safe operational environment. Jim Cichanski, CEO of Flex HR states “we are working with hundreds of clients to bring back the workforce into their offices. The one key message I urge companies to convey to their employees encompasses the measures you are taking to keep them as safe as possible upon returning to the office. Conversely, be careful not to over promise-keeping your workforce completely safe. The research is still unclear as to exactly how an individual can catch, and spread, COVID-19; therefore, there is no way to create a perfectly protected environment while at work.” While some organizations have begun opening their doors for staff to return to physical locations, the majority of businesses are acclimating toward a remote workforce. Consequently, this means companies are fully transitioning to flexible working arrangements in the foreseeable future.

“If workplace flexibility is an expected employee perk, then employers will continue to offer that benefit to hire and retain quality people, which should be a prime the goal of the employer,” says Karen M. McGrath, assistant professor of finance at the Freeman College of Management at Bucknell University. “So as long as productivity remains strong, and employees experience greater job satisfaction, then I do not see things changing.”

Employers and Staff Returning to the Workplace

“HR executives should be the leaders in transitioning employees back to the workplace,” says David Osborne, chief executive officer of Virgin Pulse, a wellness company. Several employers are phasing employees back into offices, staggering workdays, moving office spaces (or cubicles) 6 -10 feet apart, and conducting temperature screenings before entering the building. Furthermore, other companies are asking their workers to self-administer temperature checks at home and attest that they have no COVID symptoms before entering their workspace each day. All of these transformations throughout the organization need to be relayed to all employees to ease their anxieties and to provide peace of mind. In short, companies are being trusted by their employees to do the right thing, follow the right guidance, and bring them back safely.

Overcoming New Office Challenges During The Pandemic

As the impact of Coronavirus across the country is lingering, one new challenge that organizations are experiencing is navigating day-to-day productivity efficiently. Thus, it’s essential to design a return to work plan that is sufficiently adaptable to evolving recommendations, guidelines, and orders issued by federal, state, and local governments, such as the Families First Coronavirus Response Act (FFCRA). Additionally, employers should reference guidelines published by the U.S. Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA), which summarize key considerations for preparing workplaces when bringing back employees.

Human Resources Is Vital Right Now

Business owners need to invest in the proper HR expertise now more than ever to successfully strategize and manage the modifications of new office policies. Businesses around the nation are trending towards outsourcing their human resources. Companies like Flex HR, Inc., a full-service HR firm headquartered in Johns Creek, GA, oversee these adaptable transitions all while mitigating possible liability risks for the employer. HR professionals have become the principal leaders of positive change; inventing new ways to work, altering job functions, developing new learning and communication methodologies. “The HR profession has taken on a heroic role. I am more inspired and energized to support the HR profession than ever. HR leaders are rolling up their sleeves, partnering with IT, facilities and legal functions, and figuring out how to react, respond and re-engineer all aspects of work,” notes Josh Bersin of Human Resource Executive.

Streamlining business complexities during the COVID crisis is perplexing in itself. Leadership is currently overwhelmed in making effectively-balanced valuable decisions for both staff and the organization. Simultaneously all while trying to enforce the company’s core values and safeguarding the well-being of employees. To ease the burden of management, HR companies, like Flex HR, have created “helpful tips for managing the Coronavirus crisis” online, specifically addressing COVID-19 business impact concerns. For checklists, sample return to work letters, and other essential information for having your staff return to work, contact Flex HR now.

*Source: WalletHub using https://datavisu.al/

 

Jim Cichanski

Jim Cichanski, the founder, President, and CEO of Flex HR, Inc., has 30+ years of experience in human resources, holding senior-level positions in companies that were privately held, pre-IPO, foreign-owned, joint venture, Fortune 50 and one labeled the “fastest-growing F1000 in America.”

Jim Cichanski
Flex HR, Inc.
President and CEO
Flex HR, Inc.

 

Thank you for visiting our blog.

Jim Weber – Managing Partner, ITB Partners

I hope you enjoyed our point of view and would like to receive regular posts directly to your email inbox.  Toward this end, put your contact information on my mailing list.

Your feedback helps me continue to publish articles that you want to read.  Your input is very important to me so; please leave a comment.

Jim Weber – Managing Partner,  ITB Partners

 

COVID-19 HR Quick Guide for Small Businesses* – FMLA for small Businesses (under 500 Employees)

FMLA for small Businesses (under 500 Employees)

There are several basic different benefits under the provision of the Family First Coronavirus Response Act (FFCRA or Act) and are broken out down below:

General Guidelines:

  • Employers will receive 100% reimbursement for paid leave pursuant to the Act.
  • Employers will get paid for via Payroll tax credits.
  • Businesses under 50 employees can request an exemption to provide the leave under this Act where the viability of the business is threatened.
  • Items in this Act will most likely apply from a date in January that will be defined in the April 2nd completing of the rules.
  • If a business developed a paid leave plan for COVID-19 in the past month, that policy must be exercised prior to using this Act’s provisions (unless overwritten in final instructions).

Paid Leave for Child Care:

If an employee cannot come to work because the employee’s child’s school or daycare is closed, that employee will be paid per the guidelines below:

  • The employer is required to pay this benefit to the employee.
  • The 1st two weeks may be unpaid, or the employer may allow the employee to take PTO, vacation or sick leave this employee has established in regard to the allotted amount outlined in the organization.
  • Thereafter, the following 10 weeks will be paid by the organization at two-thirds of the regular wage, up to $200.00 per day for a total aggregate of $2,000.00.
  • Under guidelines provided on April 2, 2020 the employer will be granted a credit from payroll taxes paid. If there are not sufficient taxes, accelerated payment from the IRS will be available.
  • Details will be available on April 2nd explaining tax credits to maintain the employees benefits during this time.
  • Employers are encouraged to set up a new paid leave code in the payroll system for keeping this expense separate for reporting reasons to get appropriate tax credits.

Paid Sick Leave:

  • Paid Sick leave is permitted if an employee is unable to work because of COVID-19 concerns such as:
  • Quarantine directed by a Doctor or isolation order.
  • Self-quarantine advised by a healthcare advisor.
  • Has symptoms and is seeking medical diagnosis.

 

  • Caring for an individual with an isolation order or advised by a healthcare provider to self-isolate (max payment is $200.00 per day for caring for others).
  • Employer must pay full wages for up to two weeks.
  • Maximum payment is $511.00 per day.
  • Under guidelines provided on April 2, 2020 the employer will be able to take a credit from payroll taxes paid. If there are not sufficient taxes, accelerated payment from the IRS will be available.
  • Details will be available on April 2nd on tax credits to maintain employee benefits during this time.
  • Once again, employers are encouraged to set up a new paid leave code in the payroll system for keeping this expense separate for reporting reasons to get appropriate tax credits.

 

Small Business loan:

  • Not approved yet; however, the Senate has strong details on small business loans that both the House and Senate seem to be in agreement.
  • Loans will automatically be approved as a Small Business Loan.
  • If you keep 90% of your employees without Furloughs or Layoffs, the loan will be forgiven.
  • Loan may be used to pay employees, employee benefits and leases for facilities.
  • Amount is undetermined at this time, although one to two months of operating costs has been discussed.

 

If you must reduce staff:

What is the difference between laying a person off versus a furlough?

  • Furloughs are where the employer agrees to continue to pay both the employee and employer benefits during a set period of time; for example: 2 weeks or even 2 months. Employees should receive a letter from the employer stating the terms and conditions of the furlough including the anticipated timeframe.
  • A furlough timeframe can extend the furlough time. A new letter of terms should be prepared and sent out at that time.
  • A Full Furlough is a complete stop of all work and employees, including exempt employees. Employees cannot do any work including answering email.
  • A Partial Furlough is a reduced schedule. Some examples are working 25 hours a week, or the employee doesn’t come in for the next three days, or work M-W-F etc.
  • For employees with partial furloughs, the employer will need to enter hours at the end of each week through the DOL site (based on the business’s state’s guidelines). The employer should set up an online account for the FID Entity.
  • This data entry of hours work is how the DOL will pay the partial employees their Unemployment payments.
  • Each state may have different guideline so we familiarity with those for each state in which businesses have employees is important.
  • Reiterating that employers are highly encouraged to set up a new paid leave code in the payroll system for keeping this expense separate for reporting reasons to get appropriate tax credits.
  • A Lay-Off not having an employee come back to work for the company. Consider the future months ahead and if that employee is worth bringing back to work. If not, in this case, you would lay the person off. You cut the cord in paying benefits, releasing them for any employee status with your company.
  • Employers ought to set up a new paid leave code in the payroll system for keeping this expense separate for reporting reasons to get appropriate tax credits.

Follow Flex HR’s latest HR advice on the Coronavirus.

Written by Jim Cichanski, CEO, Flex HR, Inc.

jcichanski@FlexHR.com

* Statistics and government guidance are rapidly changing. This is the most updated information as of 3/23/20. 

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