Can Employers require these tests? On June 17, 2020 the Equal Employment Opportunity Commission (EEOC) clarified how employers may screen workers for COVID-19. If an organization decides to utilize any or all the tests make sure COVID-19 testing is implemented consistently, stay within EEOC guidelines and follow U.S. Centers for Disease Contro...
On July 20, 2020, the U.S Department of Labor's Wage and Hour Division (WHD) provided additional guidance about the workplace during the Coronavirus pandemic. The guidance is focused on the following workplace-related legislation:Fair Labor Standards Act (FLSA) Family and Medical Leave Act (FMLA) Families First Coronavirus Response Act (FFCRA)...
At the outset of the Covid-19 crisis, U.S. companies — startups to large corporations across all industries — faced the challenge of remote work.As the COVID-19 crisis continues, employers should recognize that a remote workforce may be a strategic advantage. Employees who can adapt well to work at home are an asset in stressful times. Now companie...
ADA​The Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodation and non-discrimination based on disability, and rules about employer medical examinations and inquiries), continue to apply during the COVID-19 pandemic, but they do not interfere with or prevent employers from follow...
Sexual Orientation and Gender Identity ProtectionsFederal employment law protects employees from discrimination based on sexual orientation and gender identity, according to the landmark U.S. Supreme Court decision Bostock v. Clayton County. Now an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil ...
As restaurants reopen under current CDC, OSHA, state and local guidelines HR considerations are a critical part of the plan. Following are key HR considerations for your beyond "take-out" reopening.Restaurant Staffing​As restaurants initially operate at reduced dining capacity, furloughed and laid off employees may not be hired back all at once. Th...
The Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) have issued new COVID-19 guidance to employers as of May 2020.The guidance applies to workplaces and employers generally and to specific industries, such as bars and restaurants, manufacturing, child care, schools, and mass transit.CDC ...
​Effective January 1, 2020, the U.S. Department of Labor (DOL) increased the wage threshold for classifying employees as exempt from overtime pay under the Fair Labor Standards Act (FLSA). The threshold has been increased 50% from $455 to $684 per week. Annualized this is equivalent to $23,660 to $35,568 per year for full-time employees. Employees ...
There's a new W-4 form effective January 1, 2020, which significantly differs from previous versions. The W-4 is a required document that every new employee needs to complete so employers can properly withhold the correct amount of tax to submit to the IRS.In previous years, employees would select the number of dependents, which would dictate the t...
Tom Pecoraro, Co-Founder and Managing Director of Excelerator®, spoke with Joe Flood, Founder of N2 Communications, in a recent podcast available HERE. They discussed how COVID-19 is changing the workplace now and in the future.Key points from the audio podcast:Remote Business Operations​Daily Video and Audio Employee Meetings: Remote meetings can ...
The coronavirus -- named COVID-19 -- outbreak situation changes by the hour. Employers should carefully review their strategies, policies and procedures to ensure their business and employees are prepared to respond.COVID-19 spreads largely through respiratory droplets from coughing and sneezing, and it seems to spread easily. It may also be possib...
Many retailers have implemented immediate layoffs or are considering potential layoffs, shift reductions, remote work scenarios for management as well as temporary or permanent store closures. Some are remaining open to serve customers in ways that are permitted by changing government guidance.Management decisions, even in a time of crisis, should ...
​Many businesses have been forced to immediately offer temporary remote employment to their employees. Employers must now know how to manage, train and provide resources to their employees so work can continue in compliance with federal, state and local laws. Companies should be implementing an HR crisis management plan that includes, but is n...
​Many restaurants and hotels have implemented immediate layoffs or are considering potential layoffs, shift reductions, remote work scenarios for management as well as temporary or permanent store or hotel closures. Some are remaining open to serve customers in ways that are permitted by changing government guidance.Management decisions, even in a ...
Employers are utilizing biometrics to identify employees and track hours worked. However, unlike other methods of authentication such as passwords, biometric identifiers may not easily be changed once compromised. Employers that use biometrics need to be aware of regulations such as the Illinois Biometric Information Privacy Act (BIPA). Similar sta...
​Stop making resolutions and instead make 5 HR Commitments in 2020.Based on HR trends that Excelerator® has tracked, here are 5 commitments your company should consider making in 2020:1. Get a big-picture idea of the year aheadThis is an important commitment, and it takes less time than you think. Calendar important dates, including HR and Payroll ...
​Tis the Season for .... fun holiday parties and other seasonal festivities!While holiday festivities can be fun, there is little question that conduct that can be perceived as harmful occurs at company holiday parties every year. Now is the time to consider what you should be doing before this year's holiday party in order to get ahead of this iss...
​It's hard to believe that Election Day is just around the corner again! Despite the fact that the polls in many states are open for at least 12 hours (or more) on election days, and that some states have extended the polling over several days and/or have mail-in ballots for the election, many employers will still be asked by their employees if the...
​Why Your Current Drug and Alcohol Policy May Have Gone to PotFor employers that already have a Drug and Alcohol Policy, the following language should be very familiar:Employees should report to work fit for duty and free of any adverse effects of illegal drugs or alcohol. This policy does not prohibit employees from the lawful use and possession o...
​Back in May we alerted you to recent amendments to the NYS Human Rights Law that required all NYS employers to adopt and distribute a sexual harassment prevention policy that meets or exceeds certain minimum standards by October 9, 2018. Employers were also required to provide compliant sexual harassment training to all employees by that same date...

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