Published in the New Hampshire Business Review (8/11/22)

New guidance narrows employers’ ability to screen employees.

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance and this article summarizes the key topics that employers should understand.

Return to Work Testing and Documentation

Under the Americans with Disabilities Act

With the end of the 2022 second quarter and inflation at a record high in more than four decades, some employers may be forced to take measures to reduce overall operational expenses. Reducing payroll costs is one of the cost-savings measures available to employers in these circumstances.  Unfortunately, however, this often results in the loss of employment for employees by way of a reduction in force, or a “RIF.”  If a company must move forward with such a process, it must be carefully planned and executed in order to minimize the risk of employment law claims.  Below is an overview of factors business owners and human resources professionals should consider when implementing reductions in staff, schedules or compensation.
Continue Reading Employee Reductions in Force, Furloughs and Other Cost-Savings Measures

On January 7, 2022, the U.S. Supreme Court will hear arguments on the federal vaccine mandates for employers with 100 or more employees and for healthcare facilities receiving federal funds.  The Court has ordered additional briefing on the issues and has set one hour for oral argument.

The Occupational Safety and Health Administration (“OSHA”) released

Another year, another list.  I doubt anyone expected at the end of 2020 to still be talking about social distancing, mask wearing, and virtual holiday gatherings. Yet, here we are. In preparing to write this post, I thought about what we have written in the past about making resolutions, plans for new initiatives, and reinvigorating compliance efforts.  This year, my list of  to do’s looks a bit different than in years past. To be sure, some old favorites are back, but I challenge us all to think a bit bigger and a good way beyond our usual list of projects.  The times demand it.  So hit ground running in 2022, HR Pros, and try on some of the following!
Continue Reading Closing Out Another Year and Looking Forward to 2022!

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.
Continue Reading Are Exit Interviews Worth the Time and Effort?

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

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

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.
Continue Reading How Can Employers Support Working Parents This School Year?