The Equal Employment Opportunity Commission (EEOC) has issued FAQ guidance about how employers should comply with the Americans with Disabilities Act (ADA) and other federal fair employment laws while also observing workplace safety guidelines during the COVID-19 pandemic. The FAQs were originally released on March 17, 2020, and were most recently updated on March 14, 2022.

In section N of the guidance, the EEOC addresses the definition of “disability” under the ADA and how COVID-19 may or may not fit that definition.

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Cyberattacks are a growing concern for employers across the globe but especially for those in the United States. According to the Identity Theft Resource Center, the number of reported U.S. data breaches rose 68% between 2020 and 2021, increasing to a record-setting 1,862 incidents. Of these breaches, 83% involved sensitive information, such as Social Security numbers.

These breaches targeted various organizations and industries, including those in manufacturing, utility services and finance. Essentially, any business that retains potentially valuable information could be a target; cybercriminals are frequently looking for the personal information of everyday citizens to sell or use to gain access to other systems.

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Businesses of all sizes are currently facing attraction and retention challenges. Successful efforts to win over employees can require an investment of time and carry high costs. Unfortunately, small businesses often don’t have an excess of resources to invest in attraction and retention efforts in today’s worker-friendly labor market.

In what’s been labeled as the “great resignation,” an increasing number of employees are leaving jobs not only for better compensation and benefits but also to prioritize desires such as flexible work arrangements or career development opportunities. Losing an employee is particularly costly for small businesses, impacting both attraction and retention. Along with costs associated with recruiting, hiring and training a replacement, the employee that left was likely a key contributor in the smaller environment, potentially leading to a significant impact on the operations and culture of a workplace.

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On Tuesday, March 29, 2022, the U.S. Bureau of Labor Statistics (BLS) released its February Job Openings and Labor Turnover Summary. Notably, the number of quits—defined by the BLS as a “voluntary separation initiated by the employee”—increased to around 4.35 million recorded in February, up from around 4.25 million in January. Experts typically use “quits” as a measure of workers’ willingness or ability to leave jobs.

This upward trend comes after the year 2021 saw record quit rates. In particular, around 4.5 million workers left their jobs in November 2021. In February’s report, many industries, including retail trade, durable goods manufacturing, and state and local government education, saw significant increases from January’s numbers. In contrast, the finance and insurance segment saw a notable decrease in quits.

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On March 3, 2022, U.S. President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act into law. Effective immediately, the new law prohibits employers from requiring employees to resolve claims of workplace sexual harassment or assault through arbitration or other alternatives to court litigation, or to waive them in advance.

Ending Forced Arbitration Act – Under the new law, an employer may not enforce a pre-dispute arbitration agreement or pre-dispute joint-action waiver against a person who files a case alleging sexual harassment or sexual assault in a federal, state or tribal court. An individual making a claim of sexual harassment or assault may choose to participate in arbitration or other litigation alternatives, but may not be required to do so.

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Workplaces are currently facing a variety of challenges. One of the most pressing concerns is employee voluntary resignation; many entry-level, retail and hospitality workers are quitting in record numbers. However, this problem is affecting virtually every industry.

Certain employers are combatting this trend by emphasizing how much value they can bring to their workers beyond a simple paycheck. For some workplaces, these efforts entail promoting career growth with learning and development (L&D) solutions. Yet, an L&D program will only succeed if employees are eager to participate. This article outlines how employers can create enticing L&D programs.

Understanding the Value of L&D Programs – A quality L&D program can allow employers to help support employees on their learning journeys. When employees don’t have development and career advancement opportunities, they may feel unchallenged or unmotivated in their roles.

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Recently, President Joe Biden urged employers to bring back workers into the office. During his remarks, Biden noted that with COVID-19 vaccination rates up and hospitalizations down, most Americans can remove their masks, return to work and move forward safely.

President Biden also made similar comments days earlier during the 2022 State of the Union address, where he encouraged in-person activities, including working and learning, which could enable more working parents to return to the physical workplace.

“Because of the progress we’ve made in fighting COVID[-19], Americans can not only get back to work but they can [get] going to the office and safely fill our great downtown cities again.” —President Joe Biden

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The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) enforces federal minimum wage, overtime pay, recordkeeping and child labor requirements of the Fair Labor Standards Act (FLSA). The WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act (FMLA), wage garnishment provisions of the Consumer Credit Protection Act, as well as a number of employment standards and worker protections as provided in several immigration-related statutes.

Generally, the WHD will initiate an investigation after a current or former employee files a complaint. An investigator may visit an employer to provide information about the application of, and compliance with, the laws administered by the WHD. A WHD investigator may also visit an organization to conduct interviews, examine time clocks and ensure all employment notifications are available to employees. Additionally, the investigator may review up to three years of wage and hour records to determine whether there are any violations in an employer’s payroll practices.

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Benefits have always been crucial for attracting and retaining top performers, and voluntary benefits are a great way for employers to round off their offerings. These extra perks allow for more personalization that can help satisfy the unique needs of each worker, especially in today’s multigenerational workforce. A rising number of organizations recognize that voluntary benefits are beneficial to employees and their families—and many come at little to no cost for the employer. This article highlights three voluntary benefits trends to monitor in 2022.

1. Emphasis on Holistic Voluntary Benefits Offerings – The voluntary benefits market has been expanding steadily over the years and will continue to grow in 2022. Nearly all employers (94%) find voluntary benefits important to their talent and total rewards strategies over the next three years. Back in 2018, just 36% of employers felt that way. It’s expected that more employers this year will offer a wide range of voluntary benefits options to meet the needs of their current and prospective employees. Dental and vision care continue to be standard voluntary benefits. As the pandemic continues to impact workplaces and personal lives, nontraditional offerings like critical illness, hospital indemnity, pet insurance, identity theft and group legal are becoming popular. One of the best perks of voluntary benefits is that they are, in fact, optional, so employees can opt for the coverage that matters most to them. Since employees often face unique stressors or challenges, employers can offer a wide array of benefits or services to support their workforces. Supplemental offerings could be precisely what employees need to fill in coverage gaps as the pandemic continues.

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Mental health has been a hot topic recently, thanks to the COVID-19 pandemic. Over the past two years, so many people have experienced issues such as burnout, depression, anxiety and substance addiction. In fact, 40% of U.S. adults said they have struggled with mental health or substance abuse during the pandemic, according to a Jellyvision survey.

In 2022, mental health will continue to be a top concern for workplaces, and employers are taking notice. Over 30% of employers have added new mental health benefits within the past year, McKinsey and Company says. Yet, despite increased efforts, nearly 25% of employees still don’t feel supported when it comes to their mental health.

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