What to Expect When You’re Expecting. . . A Second Wave Heather R. Hammond, Esq. Gravel & Shea PC hhammond@gravelshea.com (802) 658-0220 July 29, 2020 www.gravelshea.com
Who Remembers February of 2020? ADA, FMLA/PFLL, FLSA, unemployment. . . all were settled law. Employees were expected to follow PTO policies. “Telework” was relatively rare, usually limited to exempt employees, and generally highly structured. “Face time,” attendance and punctuality were critical. www.gravelshea.com
When The Virus Hit. . .. HR professionals had to make decisions on the fly. Rules and laws changed quickly and dramatically. How do we adjust and still comply with the laws – both new and old? How can we be fair and legally compliant at the same time? www.gravelshea.com
Planning for the Surge . . . “Plans are of little importance. But planning is everything.” ~ Winston Churchill ~ www.gravelshea.com
Planning for the Surge . . . Take time to understand the laws that currently exist. 1. Families First Coronavirus Response Act (“ FFCRA ”). 2. NLRA, ADA and FMLA. . .. and their anti- discrimination/retaliation provisions. 3. FLSA as it applies to remote workers. 4. VESTA. 5. Vermont’s flexible work arrangement statute. www.gravelshea.com
Planning for the Surge . . . What policies need to be changed? Some are changes are required by law: FFCRA Health Insurance/FSAs www.gravelshea.com
Planning for the Surge . . . Some policies are not required by law, but should be reviewed in light of business needs. Sick time/PTO changes? IT/data security policies? Restrictions on vacation travel? Telework expectations? Attendance requirements? Flexibility? A word on independent contractors. . ... www.gravelshea.com
Planning for the Surge . . . Elective changes to benefit plans? EAP? Training? How are we measuring success? How are we addressing performance deficiencies and rewarding outstanding work? Hiring/Onboarding? www.gravelshea.com
Planning for the Surge . . . Get feedback from your employees! Train your supervisors and managers! Be an active participant in operational decision-making! www.gravelshea.com
Planning for the Surge . . . Questions or comments? www.gravelshea.com
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