Check out the following links and PDFs to help you navigate current state and local legislative updates.

• California and Cal/OSHA Establishes Emergency Regulations to Protect Workers from COVID-19

• Colorado Adopts Regulations for Paid Sick Leave, Effective Jan. 1

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On Nov. 3, 2020, the U.S. Department of Labor (DOL) published two new opinion letters providing the DOL’s official position on how the Fair Labor Standards Act (FLSA) applies to employee pay when there is work-related travel or employee training.

Voluntary Training Programs – The FLSA requires employers to compensate their employees for all hours of work. While the FLSA does not define what qualifies as “work,” the U.S. Supreme Court has determined that employees should be compensated for any time that “is spent predominantly for the employer’s benefit.” One of the new DOL opinion letters, FLSA2020-15, addresses six different scenarios that exemplify how DOL regulations apply in situations where employees participate in voluntary training that is related to their work, both within and outside working hours.

Travel Time for Non-exempt Employees – The FLSA requires employers to compensate their employees for any time they are “suffered or permitted to work.” Compensable time may include time spent walking, riding or traveling if it is related to the employee’s principal activities. However, an employee’s commute to and from work is not typically compensable. FLSA2020-16 addresses three different scenarios where employees are required to travel to complete their work assignments. For each scenario, the opinion letter outlines the process the DOL uses to determine whether travel:

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Successful business is all about accountability. Each worker’s individual contributions build on one another and culminate into something greater, to the benefit of the company and its customers. Conversely, when some individuals struggle with their performance, the entire organization can suffer.

Unfortunately, addressing poor performance isn’t always easy. This is especially true amid the COVID-19 pandemic, as remote working often makes accountability more complicated. This article offers five tips to help employers manage poor performance in the workplace, even while everyone is working from home.

1. Address the problem quickly
2. Have difficult conversations
3. Follow up on progress
4. Keep a detailed report
5. Seek additional manager training

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When the COVID-19 pandemic began, remote work was a fringe benefit at many organizations. Now, nearly 40% of employees have transitioned to remote working arrangements. This signals the new workplace reality: Remote work is here to stay.

Unfortunately, that’s not a welcomed change for many people. Namely, some employers are concerned about burnout and dwindling employee connections. Considering that impromptu hallway talks and quick chats after meetings are effectively gone, this sentiment is understandable. With workers virtually isolated, it can seem like entire teams have been broken up into individual silos, no longer operating in tandem.

However, remote work doesn’t need to come at the cost of human connections. With a little effort, employers can help foster virtual connections among their employees. And that’s important, especially given that 43% of workers consider team building and collaboration as critical workplace aspects.

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At the end of the year, workplace holiday celebrations are experiences that many employees look forward to. However, in response to the COVID-19 pandemic, many organizations are evaluating how to engage employees safely this holiday season. Leaders find themselves tasked with deciding whether they should cancel or postpone celebrations, or offer an amended version that prioritizes safety—with many choosing to offer a virtual holiday party.

Considerations for Employers – Holiday celebrations can positively impact employee engagement, but benefits should be weighed against other factors such as financial costs and concerns over safety. For employers choosing to offer a celebration, an event can be comprised of a variety of activities—with many options that can take place virtually.  These include a:

• Secret Santa gift exchange
• Virtual mixer
• Gingerbread house contest
• Ugly sweater contest
• Holiday karaoke
• Online escape room
• Trivia contest

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We have created the following overview PDFs to help you navigate the upcoming legal and compliance updates for 2021.

• Minimum Wage Changes – Almost half of the states have announced new minimum wage rates for 2021.

Link to overview: 2021 State Minimum Wage Rates

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Employees want not only good pay and benefits, but also opportunities to contribute to their employer, customers and other stakeholders through their work, and feel valued and appreciated for their efforts in the workplace. Unfortunately, 65% of employees reported that it had been over one year since they received any form of recognition for their work, according to a Gallup poll.

To help express appreciation, many employers implement ongoing employee recognition programs. A more promising statistic from the Society for Human Resource Management (SHRM) survey revealed that 80% of organizations have an employee recognition program in place. The goal of employee recognition is to reinforce certain behaviors, practices or activities that result in better performance and positive business results. It comes down to acknowledging and appreciating exemplary performance.

While most would relate rewards and recognition to monetary bonuses or award ceremonies, employee recognition or appreciation doesn’t have to be that expensive or glamorous. Praise can be as simple as a pat on the back or a genuine compliment. Just as informal, a thank-you email or a friendly greeting in the workplace can go a long way with employees too.

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An employee’s well-being is defined by various factors, both inside and outside of work—including physical, mental, social and financial well-being. Overall well-being is something that employees desire but can be challenging to achieve. Not only can employees who achieve well-being thrive in their personal and professional lives—they offer immense benefits to organizations.

The good news for employers is that the efforts they take to ensure employee well-being can not only help their employees and their bottom line, but are also very attainable. A Harvard Business Review survey found that 95% of employees feel that their organization has at least some control over employee well-being, with 38% reporting that they feel their organization has a high degree of control.

In response to the coronavirus pandemic, many employers find themselves revamping their remote work arrangements. According to a study from PwC, 55% of executives plan to have employees work remotely at least one day a week post-coronavirus. Likewise, the same survey found that 72% of employees would prefer to work from home at least two days a week. While some employees may desire to go back-and-forth between an on-site and remote location, 32% of employees reported that they would prefer to work entirely remotely. That means that, as leaders plan to achieve a high level of employee well-being, remote employees should be accounted for.

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With Joe Biden on pace to become the 46th president of the United States, employers can expect several changes to the workplace legal landscape over the next four years. Here are the TOP 5 expected changes following Biden’s inauguration on January 20, 2021:

1. Affordable Care Act (ACA) – President-elect Biden has pledged to strengthen the ACA including an expansion of coverage to more uninsured and underinsured. The Supreme Court’s decision in California v. Texas, which has the potential to significantly affect the future of the ACA, is expected in early 2021.

2. Employee Leaves of Absence – The U.S. workforce is anticipating the introduction of a new federal paid leave law.  Although the nation got a glimpse of temporary federal paid leave under the Families First Coronavirus Response Act (FFCRA), a new program could provide employees with up to 12 weeks of paid time off.

3. Labor Relations – Biden has been vocal with his eagerness to bolster union representation including additional protections for organizing activity and new appointments to the National Labor Relations Board (NLRB).

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Each year, the Kaiser Family Foundation conducts a survey to examine employer-sponsored health benefits trends. On October 8, 2020, Kaiser released this year’s survey results – the following notes summarize the main points of the 2020 survey:

Worker Contributions – The average worker contribution toward the premium (payroll deduction) was 17% of the total premium for single coverage and 27% for family coverage. Employees at organizations with a high percentage of lower-wage workers (where at least 35% make $25,000 or less annually) made above-average contributions toward family coverage—35% vs. 24% when compared to employees at firms with a smaller share of lower-wage workers. In terms of dollar amounts, workers contributed $1,243 and $5,588 per year toward their premiums for single coverage and family coverage, respectively.

Plan Enrollment – The following were the most common plan types in 2020:

• Preferred provider organizations (PPOs)—47% of workers covered
• High deductible health plans (HDHPs)—31% of workers covered
• Health maintenance organizations (HMOs)—13% of workers covered
• Point-of-service (POS) plans—8% of workers covered

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