On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued 14 new answers to frequently asked questions (FAQs) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic. The new FAQs specifically address the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA).

ADA and COVID-19 Background – Under the ADA, employers with 15 or more employees may face liability if they take certain adverse employment actions against individuals who have been diagnosed with or are believed to have COVID-19. The ADA also requires these employers to provide reasonable accommodations for individuals with disabilities, including any related to COVID-19. Smaller employers may be subject to similar rules under applicable state or local law.

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On Monday, Dec. 27, 2021, the Centers for Disease Control and Prevention (CDC) reduced its recommended periods for COVID-19 isolation (confirmed COVID-19 infection) and quarantine (potential COVID-19 exposure). Asymptomatic individuals infected with COVID-19 have been told to isolate for five days from the day they test positive—down from the original 10. After, they should wear a mask when around others for an additional five days.

The CDC’s new quarantine guidance was similarly updated. People who are unvaccinated or are more than six months out from their second vaccine dose (or more than two months after getting the Johnson & Johnson vaccine) and not yet boosted should avoid others for five days after COVID-19 exposure. Then, they should diligently wear a mask for an additional five days afterward.

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We recently released the 1st quarter Attraction and Retention Newsletter.  This edition of the newsletter includes the following information:

• 3 Pandemic-influenced Recruiting Trends to Watch in 2022
  • Remote Interviewing and Scheduling
  • Passive Candidate Recruiting
  • Holistic Benefits Offerings

• The Case for Considering “Boomerang” Employees
  • Easier Vetting
  • Faster Onboarding
  • Greater Skillsets

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Many human resources (HR) functions were quickly reimagined in 2021 due to the COVID-19 pandemic, and organizations can continue to expect new employment-related challenges in 2022. Here are five HR trends to monitor this upcoming year:

1. Hybrid Workplace Sustainability – Most workplace leaders expect that at least some of their employees will work remotely after the pandemic. As such, many employers will factor in hybrid work when creating or updating workplace policies and processes.

2. Attraction and Retention Amid Labor Shortages – The current labor shortage has been an obstacle for most employers and is likely to continue into the new year. Generally, employees are seeking opportunities that offer better compensation, benefits and flexible work arrangements.

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On Dec. 7, 2021, a Georgia federal judge blocked the federal contractors mandate nationwide. This new order comes right after a Kentucky federal judge issued a preliminary injunction effectively blocking the implementation and enforcement of President Biden’s COVID-19 vaccine mandate for federal government contractors and subcontractors for Kentucky, Tennessee, and Ohio on Nov. 30, 2021.

Federal Contractor Vaccination Mandate – On Nov. 10, 2021, the Biden administration updated its guidance for the Safer Federal Workforce Task Force, clarifying that federal contractor employees must be fully vaccinated by Jan. 18, 2022. This update was released in conjunction with the Occupational Safety and Health Administration (OSHA) vaccine mandate for private employers and the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for health care workers, both of which have also since been blocked in federal court.

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Many employees look forward to year-end workplace holiday celebrations. These events allow employees to celebrate with their colleagues and sometimes even family and guests. Importantly, these celebrations can also be a great way to drive employee engagement. While these events are often a long-standing company tradition, many organizations canceled holiday parties last year or found ways to connect virtually due to the COVID-19 pandemic.

This year, holiday parties—including in-person celebrations—may be making a comeback. Some key COVID-19 vaccine developments like widespread vaccine availability and workplace vaccine mandates may be driving change in the second holiday season of the pandemic.

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The COVID-19 pandemic forced businesses to adapt and test their operational capacities. One of the most common pivots has been remote work.

Now that workplaces are reopening, a significant number of employees want to retain their remote status. In fact, 58% of workers said they want a fully remote position, and only 3% said they wanted to return to fully in-person work, according to a recent FlexJobs survey.

So, how does a business that wants to utilize its in-person workspace deal with employees who want to stay home? For some, the answer is a hybrid work model.

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Employers across the country are facing an unmistakable issue right now: too many open positions and not enough workers. On its face, it might seem like there are not enough workers available for jobs—hence all the openings. But, confoundingly, that’s not the case.

The unemployment rate is still hovering just below 5%, translating to around 7.5 million unemployed Americans, according to the Bureau of Labor Statistics. Additionally, several key COVID-19 initiatives ended at the end of summer—expanded unemployment benefits ceased, and children returned to in-person classes. As such, many economists expected workers to be spurred back into the workforce this fall. That’s decidedly not been the case; while some individuals are returning to work, others are quitting in record numbers.

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Check out our chart below for a full list of states that have upcoming minimum wage increases in 2022:

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