Question: We have under 100 employees and are not required to mandate the COVID vaccine. We’re considering doing so anyway, but we’re also interested in other ways of encouraging our employees to get vaccinated. What incentives have been most effective?
Can we ask for proof of vaccination? Isn’t this a HIPAA violation or an illegal inquiry under the ADA or somehow confidential information?
Employers can ask for proof of vaccination unless there is a state or local law or order to the contrary.*
The spread of the Coronavirus (COVID-19) has employers rightly concerned about how to handle threats of contagion in the workplace. Along with those worries come concerns about violating other laws in the process of trying to keep the workplace safe. Specifically, the ADA comes to mind; if we send someone home who appears sick, have we then discriminated against someone with a disability? Thankfully, the Equal Employment Opportunity Commission (EEOC) has answered a number of common questions that employers are asking. Additional EEOC guidance can be found here.
A new $900 billion coronavirus relief bill has become law and answers the question of whether federal Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave (EFMLA) will be extended.
The answer is yes, but it’s an option, not a requirement. Here’s what employers need to know:
When it comes to any business with tipped employees, the FICA tip credit is very important when completing your year-end taxes with your tax preparer or CPA. The FICA tip credit can be applied to all taxes paid on tips your employees make throughout the year.
Answer: We would certainly recommend not having an in-person event this year, which could put your company, employees, customers, and community at risk. If your event spreads the virus, your employees could become sick, much of your workforce may need to quarantine, and your event could make the news.
Starting on November 5, 2020, employers in New Jersey are required to follow specific safety measures to protect employees against COVID if they are physically present at the workplace. Specifically, employers are required to:
Everyone experiences grief at some point in their life, and yet for being such a common experience, it’s also one that few of us are fully equipped to navigate when it comes. In part, this is because grief is such an overwhelming and horrible experience. Nothing can prepare you for it. You just have to go through it and get through it. Grief is also a unique experience for each person. Everyone has their own path through its stages, and what helped one person work through their grief may not help another.
Question: One of my employees has requested time off to vote. My state doesn’t require voting leave, but this employee works in a different state, and we have employees located across the country. What do I need to do here?
Answer: If an employee of yours works in a state with a voting leave law, you will need to comply with that law. Most states require that employers provide at least a few hours to vote, and many of those states require some or all of that time to be paid. In New York, for example, all registered voters are allowed to take off as much time as is necessary to enable them to vote and are entitled to be paid for up to three of those hours. You’ll also want to check any applicable voting leave laws for notice requirements and for specifications on when during an employee’s shift the time off should be given. You can find all this information on the HR Support Center by entering “voting leave” in the search bar.