In a March 21, 2021 article the Society for Human Resource Management (SHRM) advised businesses to be prepared for a turnover “tsunami” once the pandemic ends. Although turnover rates were high pre-pandemic, they stalled as employees settled in to whatever their personal situation might have been during the shutdown. Research and consulting firm, The Work Institute, references a pent up turnover demand ready to be unleashed as companies ramp up hiring again. Recent surveys reveal that as much as 50% of the North American workforce is planning to quit their jobs or seek new employment in the coming year.
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Employers
NH ISSUES NEW QUARANTINE GUIDANCE FOR EMPLOYERS

On January 11, 2021, the NH Department of Health and Human Services updated its New Hampshire COVID-19 Employer Travel, Screening, and Exclusion Guidance for employers and workplaces. The guidance updates some exceptions to the quarantine requirements related to those who have been vaccinated and those who have more…
EEOC PROVIDES GUIDANCE TO EMPLOYERS ON VACCINES
Employers have been asking for months whether they may mandate employees to get a COVID-19 vaccine. According to the EEOC’s recent guidance, the short answer is “yes,” but with certain legal limitations. Employers considering a policy on vaccinations should make sure they review this current guidance.
On December 16, 2020, the EEOC updated its Q&A…
SIGNIFICANT UPDATES TO UNIVERSAL GUIDELINES AND TRAVEL AND QUARANTINE CRITERIA FOR ALL NH EMPLOYERS
On August 27, 2020, New Hampshire updated both the Universal Guidelines for All New Hampshire Employers and Employees and the New Hampshire COVID-19 General Travel and Quarantine Guidance, & Employer Screening and Exclusion Criteria. These documents apply to “all businesses, organizations, and individual business operators for the operation of their business” and must be…
LITIGATION: EEOC Lifts Suspension of Notice of Right to Sue Letters
The Equal Employment Opportunity Commission (EEOC) announced on August 3, 2020 that it will start issuing charge closure documents again on a routine basis. As I wrote in an earlier blog post, the EEOC delayed the issuance of “Notice of Right to Sue” letters at the start of the COVID-19 pandemic to workers who…
How Can Employers Support Working Parents This School Year?
This school year is going to be different – very different. Due to the ongoing coronavirus pandemic, school districts in the region are still developing their plans which include elements of both remote learning and some in-person learning with restrictions regarding mask-wearing, hygiene, and social distancing. With parents making up about one-third of the workforce nationally, employers and employees are facing a lot of new challenges as students prepare to resume school.
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EMPLOYERS: ANTIBODY TESTING NOT ALLOWED FOR RETURN TO WORK
While employers may require testing for COVID-19 before employees return to work, the Equal Employment Opportunity Commission (EEOC) has confirmed that employers are prohibited from requiring antibody testing before allowing employees back into the workplace.
The Americans With Disabilities Act (ADA) allows employers to inquire into an employee’s disability and conduct mandatory medical tests of…
NH Manufacturers Receive Roadmap for Remaining Open or Reopening Workplace
On May 1, 2020, Governor Sununu issued Emergency Order #40 to facilitate and guide the reopening of the State in phases. Referred to as Stay At Home 2.0, Emergency Order #40 sets forth mandatory requirements for those businesses that were considered essential and their facilities have remained open and those that are scheduled to reopen…
DOL Invites Feedback On Opening America’s Workplaces Again
The U.S. Department of Labor (DOL) has launched a national online dialogue to obtain feedback on “Opening America’s Workplaces Again.” Businesses and workers are invited to participate in this new public forum and to provide comments through May 7, 2020. Specifically, the DOL seeks ideas and recommendations on what challenges employers and workers may face with a return to work and what companies and employees can best do to reopen workplaces safely. The information obtained will be used to guide the DOL in developing compliance assistance materials for return to work and to assist lawmakers in drafting policy on reopening businesses.…
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LITIGATION: EEOC DELAYS RIGHT-TO-SUE LETTERS AND REMINDS EMPLOYERS ABOUT ANTI-DISCRIMINATION LAWS
During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) is delaying the issuance of “Notice of Right to Sue” letters to workers. While not publicly announced by the agency, officials have confirmed this practice to advocacy groups and media outlets.
The Notice of Right to Sue letter begins the clock ticking as to when plaintiffs must bring a lawsuit against a company for discrimination under federal law. Specifically, once workers receive this EEOC notice, they have 90 days to file a complaint in federal or state court. The 90 days deadline to file in court is a statutory deadline that must be met and cannot be changed by the EEOC. On the other hand, when the notice that triggers this statutory clock is sent to workers is within the control of the EEOC. It appears that the EEOC is taking this opening.…