line of job applicants

8 Hiring Strategies for Small Businesses

By Dan Darabaris

 

In today’s employment landscape, it’s getting more difficult for small businesses to find the right mix of talent. Taking the time to invest in devising an effective hiring strategy is key to attracting the workers you need for your company to thrive and grow. Here are eight strategies to help you capture job seekers’ attention, make a good first impression, and hire the top candidates.

1. Build a Strong Brand

Today’s job seekers are doing their research. Before they apply, they’re assessing your company’s reputation. Do you have a great culture? Offer opportunities for advancement? Have a purpose candidates can identify with? Building a strong brand is crucial for attracting top talent. Your brand should be highlighted on your website and social media platforms, as well as promoted in your messaging. Leverage your unique selling points, such as an entrepreneurial work culture, opportunities for growth, and the chance to make a meaningful impact to create a positive employer image. Share employee testimonials to give candidates a glimpse into your organization’s culture and values.

2. Create Compelling Job Descriptions

An attention-grabbing job description is a key hiring strategy. The description should have a title that catches the eye, followed by a summary that excites job seekers about the position. Be sure to include the responsibilities and the soft/hard skills you are seeking, but don’t just stop there. Promote your company’s culture and selling points. The goal is to make sure candidates have a clear understanding of the role and why they should apply to work with your company.

3. Explore Diverse Channels

Cast a wide net when it comes to advertising your openings. Job boards and matching/hiring platforms like Indeed, ZipRecruiter, Glassdoor, and LinkedIn are top channels, but you should also expand your visibility. Share postings with your social media networks, including LinkedIn, as they might know someone who is a good fit. Engage with community organizations, attend job fairs, and build relationships with colleges. Take part in networking events and join industry-specific associations. Leveraging all of these channels can help small businesses tap into a broader talent pool.

4. Scan Resumes Posted Online

Simply enter a job title or a skill along with a city and state or a zip code, and let online resume sites send you a list of potential candidates. You can filter the results by experience, education level, skills, and more, and even set up an alert when the candidates meet your set criteria.

5. Start an Employee Referral Program

If you have a great team in place, tap into them as a hiring resource. Successful people usually surround themselves with those with similar traits. Set up an employee referral program to expand your pool of qualified prospects by encouraging your employees to spread the word about your openings.  

6. Stand Out With Sponsored Postings

To get noticed in a crowded space, consider paid job postings. These posts appear more often in the search results, plus you typically receive a list of candidates whose qualifications match what you are looking for.

7. Streamline Your Application Process

If you’ve ever applied for a job online, you know some applications can make you want to hit the back button! Ensure candidates can easily apply for positions by simplifying and streamlining your application process. And always acknowledge the receipt of applications to maintain a positive candidate experience and keep them engaged in your hiring process.

8. Conduct Behavioral Interviews

One of the best ways to assess a candidate’s fit for the job is to conduct a behavioral interview. Ask questions that allow the candidate to share specific examples of their skills, problem-solving abilities, and teamwork experiences. These types of questions will give you insight into how they handle real-life situations and their decision-making capabilities, which will help you assess how they fit within your organization.

 

Hopefully these hiring strategies will help your small business attract the right candidates for your open positions.

 

The right level of HR engagement is YOUR choice to make.

From on-demand to year-long support, Monarch helps manage your people, reduce your administrative workload, and free up time so you can focus on business success.

Call or email us to arrange a complimentary consult.

image of an employee handbook

Do Small Businesses Need an Employee Handbook? 

By Dan Darabaris

 

“I only have a few employees, do I really need a handbook?” This is a question we get a lot, and our answer is always an unequivocal yes!

While you are not legally required to have an employee handbook, creating one is good for business, whether you are a large corporation with an extensive workforce or a small business with only a handful of workers. Here are five reasons why.

 

Why Your Business Should Create an Employee Handbook 

 

1. Communicates Your Mission, Vision and Values

Everything your company does should be founded on your mission, vision, and values. So, it’s important that your employees understand and embrace them. When you outline why your company exists, what you want to accomplish, and why you do what you do in an employee handbook, your workers have a better grasp on your purpose, making them more inclined to want to be an integral part of your organization.

2. Outlines Policies and Expectations

An employee handbook clearly lets employees know what behavior is and is not OK in the workplace. Think of it as a guide of what is expected and how your workers should conduct themselves. By outlining the policies and procedures employees need to follow, from start times and overtime to personal internet use, along with the repercussions for failing to do so, you can save yourself from headaches and possible legal problems based on miscommunication or misunderstanding. 

3. Streamlines Onboarding

A handbook is also helpful for new hires as it can help them more quickly acclimate to the workplace and settle into their new position. Rather than guess at something or ask management, the employee can simply reference the handbook to find answers to many of their questions.

4. Ensures Consistent Enforcement

When you put your policies and procedures in writing, you are more likely to have uniform and consistent enforcement of them. Having them contained within the employee handbook helps ensure management is following the same roadmap for all workers.

5. Reduces Conflict and Creates a Positive Culture

If you don’t clearly define your policies and procedures and how you will enforce them, there can be miscommunication and inconsistent enforcement. This can lead to actual, or misperceptions of, unfair treatment and/or allegations of discrimination, creating a negative or toxic workplace culture. Codifying everything in your employee handbook can alleviate misunderstandings, help ensure everyone is treated in the same way, and create an environment where employees feel respected, which can enhance productivity.

If you want to create an employee handbook for your company, we’re happy to help. Contact us to learn more.

The right level of HR engagement is YOUR choice to make.

From on-demand to year-long support, Monarch helps manage your people, reduce your administrative workload, and free up time so you can focus on business success.

Call or email us to arrange a complimentary consult.

interview between employer and employee

Questions Employers Cannot Ask During an Interview

By Dan Darabaris

 

In your zest for finding the right candidate for your team, don’t lose sight of compliance. It is important that whoever is doing the interviewing knows what they can and cannot ask the candidates. There are topics you should just not broach. That is a question employers should definitely avoid. Not knowing what you can and cannot ask during an interview could open your organization up to a discrimination lawsuit and investigation by the EEOC. Let’s break down what is illegal to ask, along with the gray areas.

Illegal Interview Questions

When interviewing, it is illegal for employers to directly ask about:

  • Age
  • Gender
  • Sex or Sexual Orientation
  • Citizenship
  • Birthplace or Country of Origin
  • Marital Status, Family or Pregnancy
  • Race, color or ethnicity
  • Religion
  • Disability

It is important to point out a caveat here, as sometimes the government may require employers to ask about race, age, and other information for census data purposes or affirmative action programs.

Gray Areas

Now let’s get into the fine line of questioning. There are many questions you can’t ask, and there are other related questions that you can ask about. Knowing the nuances is critical. The following examples should help clarify this.]

Age

Can’t Ask:

  • What year were you born?
  • What’s your birth date?
  • How old are you?
  • When did you graduate high school?

Can Ask:

  • If age is directly related to the job, such as working in a bar, you are allowed to ask about the candidate’s age – for example, are you at least 21 years old…

Citizenship or National Origin

Can’t Ask:

  • Are you a U.S. citizen?
  • What country are you from?
  • What country are your parents from?
  • Where were you born?
  • Can you provide a birth certificate?
  • What’s your background?
  • How did you learn (a specific language)?

Can Ask:

  • Are you legally eligible to work in the U.S.?
  • If we hire you, are you able to show proof of citizenship/visa/alien registration?
  • Can you speak, read and write English?

Race/Color/Ethnicity

Can’t Ask:

  • What is your race?
  • What is your nationality?
  • What is your color?
  • What is your ethnic background?

Can Ask:

  • No gray area here!

Marital/Family Status

Can’t Ask:

  • Are you single?
  • Are you married?
  • Do you have any children?
  • Do you have plans to start a family?
  • Are you pregnant?

Can Ask:

  • Can you perform the duties of this position?
  • Can you work overtime if needed?
  • Can you travel on short notice?

Religion

Can’t Ask:

  • What religion do you practice?
  • Are you religious?
  • Who is your pastor?

Can Ask:

  • No gray area here!

Disability

Can’t Ask:

  • Do you have a disability?
  • Have you ever been injured in the workplace?
  • Have you ever filed a worker’s compensation claim?

Can Ask:

  • Can you perform the duties as outlined in the job description?

Height and Weight

Can’t Ask:

  • How tall are you?
  • How much do you weigh?

Can Ask:

  • Can you perform all the duties as outlined in the job description?

Financial Information

Can’t Ask:

  • Do you own or rent your home?
  • Do you own a car?
  • Do you have any debts?
  • Do you have a bank account?
  • Have you ever declared bankruptcy?
  • Have your wages ever been garnished?

Can Ask:

  • If owning a car is required for the position, you can ask if the candidate owns a car.

Work Availability

Can’t Ask:

  • Don’t directly ask about weekend work, as this can be tied to inquiries about religion. 
  • Don’t ask about evening work, as this can be tied to questions about childcare.

Can Ask:

  • What days and shifts are you available to work?
  • Are there any responsibilities that would prevent you from traveling for work?
  • Do you have reliable transportation for work?

Arrests

Can’t Ask:

  • This is a very gray area. Do not ask questions about arrests if it is not directly related to the position. Know the law in your state, as some states do not allow you to ask about arrests. 

Can Ask:

  • You can ask about arrests if it is directly related to the position, but this is definitely a gray area.

Convictions

Can’t Ask:

  • Don’t ask questions about convictions that are not related to the role or for roles that are not security related.

Can Ask:

  • You can ask about convictions if the position is a security sensitive one – working with large sums of money, working unsupervised.

Personal Information

Can’t Ask:

  • Did you belong to a sorority/fraternity?
  • Did you ever change your name?
  • What is your maiden name?

Can Ask:

  • Are you a member of any professional organizations?

Salary History

Many states are adopting bans on asking about a candidate’s salary history. Please make sure you know your state’s laws on salary history questions, and when they are or are not permissible.

 

Hopefully this list helps clarify what employers cannot ask while interviewing a job candidate.

 

The right level of HR engagement is YOUR choice to make.

From on-demand to year-long support, Monarch helps manage your people, reduce your administrative workload, and free up time so you can focus on business success.

Call or email us to arrange a complimentary consult.

resume on a computer monitor

Sprucing Up Your Resume

Spring isn’t just the season to clean out closets or spruce up the yard. It’s also the perfect time to freshen up your resume. You never know when that dream job may open up or a recruiter will call, so it’s important to have your resume ready to go!

5 Resume Spring Cleaning Tips

Update Your Opening

If your resume starts off with an objective, it’s time to toss it and replace it with a summary. This prime resume real estate is your quick sales pitch. In 3-5 sentences, highlight your qualifications, relevant accomplishments, skills, and the value you can bring to the position. Make your summary compelling so that the recruiter wants to read on and find out more about you. You will need to tailor your summary to the position for which you are applying, but this update will give you a head start. If you already have a summary on your resume, add any new achievements or skills you have acquired since the previous draft and delete outdated information.

Showcase Accomplishments

Recruiters love to see accomplishments because they demonstrate exactly how you add value. Go through your previous positions in your work experience section and call attention to each achievement using bullets. Then, think about what you have accomplished to date in your current position.  Did you receive any awards? Streamline a process? Increase sales? Add these accomplishments to your resume, including metrics when possible.

Highlight Current Skills

The right skills are a key selling feature. They not only let recruiters know what you do, they can also help you get past the bots if an organization uses applicant tracking software (ATS). Read through the job descriptions of positions you are interested in, noting the skills required. List the skills that you have, in order of priority based on how they are listed in the descriptions. Then, think about the skills the employer is looking for that you don’t have and consider bolstering your resume by investing in learning them.

Clean Up the Copy

Now take a hard look at the way you have written your resume. Replace any overused business jargon and buzzwords or internal company lingo with clear, plain language that anyone would understand. Of course you will probably need to include industry-specific terms, and those you can keep. We’re talking about removing vague, generic terms that don’t really express your qualifications like people-person, hardworking, buy-in, core competency, ecosystem, dynamic, and synergy. Your copy should focus on action verbs like coordinated, created, developed, established, achieved, improved, increased/decreased, resolved, trained, delivered, etc. The goal is to make your resume readable, relevant, and interesting so that you land an interview.

Freshen Up Your Formatting

Make sure your resume is ATS friendly or you’ll never get past the bots. Choose a clean font like Calibri or Ariel. Try to have a one-inch margin all around for easy reading, and avoid going overboard with bold, italics, and underline; only use them where you really want to call attention to something. Remember that a simply formatted resume is optimal.

Gender Pay Equity Needs to Stay in the Spotlight

By Kimberly Kafafian

 

This month we celebrate International Women’s Day and Equal Pay Day. In acknowledgement of both, I need to shine the spotlight again on gender pay equity. In reviewing our long history with pay equity issues, efforts toward equal pay continue to feel like lip service. In 1942, the National War Labor Board encouraged businesses to provide equal pay to women who replaced male workers. A few years later, in 1945, the Women’s Equal Pay Act was put before Congress. The Act would have made it illegal to pay women less than men for work that was “comparable quality and quantity.” The Act failed to pass, and pay equity stalled during the 1950s.

By the early 1960s, women made two-thirds less than men in similar roles. The need for federal equal pay protection gave way to John F. Kennedy’s Presidential Commission on the Status of Women. A Congressional bill was led by four women: Esther Peterson, former First Lady Eleanor Roosevelt, and Representatives Katharine St. George and Edith Green. Despite opposition from powerful business groups, the Equal Pay Act was signed into law on June 10, 1963.

Although several other laws having been passed since then, including the Lilly Ledbetter Fair Pay Act of 2009, last month, the Center for American Progress (CAP) issued distressing findings in their The State of Women in the Labor Workforce report. Even though women’s participation in the workforce returned to pre-pandemic levels, the Center found that women are still paid less than men and that this worsens with age. The gap is even wider for Latina women and women of color. As HR professionals, we see it every. single. day. And we both live and work in New Jersey, which passed the Diane B. Allen Equal Pay Act in 2018.

With the women’s movement of our foremothers decades behind us, why do we still have to fight so hard for equal pay, as well as equal opportunities? Eradicating long-standing structural inequalities, biases, and the imbalanced burdens that are interfering with women’s full and equal participation in the workforce and economy needs to be made a priority.

A Look at Current Numbers

According to the CAP report:

  • Ages 16-24 – women’s median weekly earnings are about 8 percent lower than men’s
  • Prime Age – women earn 16 percent less than men
  • Ages 55-64 – women earn 22 percent less than men
  • 65+ – women earn 27 percent less than men of the same age

These findings are compounded by the fact that women’s earnings seem to plateau mid-career, while those of men continue to climb.

What does this gender pay gap look like in terms of dollars and cents? In 2022, women made $.82 for every dollar men made, regardless of the industry, type of position, or years of experience. This gap is wider for Latina women ($0.57) and women of color ($.63).

The pay discrepancy harms individuals, families, communities, and economies. Women have less income to cover daily needs, less disposable income to spend on goods, less money to invest in retirement savings, and less Social Security benefits down the road.

The World Economic Forum states that it may take over 100 years to close the global gender pay gap. This assertion is disheartening and unacceptable.

Pay Equity Roadblocks

Policymakers, and society as a whole, need to address the impediments causing the gap, which include:

Occupational Segregation
Women are still overrepresented in lower-paying occupations that don’t require higher education, which is a direct result of societal biases and policy.

Caregiving Disparities
When it comes to caregiving, women bear a disproportionate burden, both in terms of child care and caring for sick or aging loved ones. Many women reduce their work schedules or leave the workforce completely in order to be the main family caregiver. The CAP found they are 5 to 8 times more likely to have caregiving impact their employment compared to men. This career path interruption has a significant effect on professional development opportunities and long-term earning potential.

Biases in Hiring and Promotion Practices
Even now there is an underlying bias when it comes to hiring and promoting women. One study found that women are 30% less likely to be called for a job interview than men with the same characteristics, while another study revealed that women on average were 14% less likely to be promoted than men counterparts.

Actions to Impact Change

We all need to work together to close the gender pay gap and achieve pay equity – hopefully much sooner than 100 years. Here are some actions to help affect change:

Pay Transparency and Equity Policies

More and more jurisdictions are requiring proactive pay disclosure, which will hopefully narrow the wage discrepancies. Some are even enacting pay equity policies. Most recently, New York City’s mayor signed a bill to address pay disparities among municipal workers. The City Council in Columbus, Ohio just introduced legislation that would bar employers from asking job candidates about their salary or credit history under most circumstances, and Massachusetts has a pay equity bill pending before the legislature.

DEIB Initiatives
Making DEIB part of your core values can help close the wage gap. Conduct bias training to create a more inclusive workforce, from hire through promotion. Publishing the wage ranges for all levels of roles to equal the playing field. Look for salary discrepancies with pay equity audits, and ensure employees of equal experience, and in similar roles, are paid the same. Invest in professional development to achieve better representation in management and executive roles.

Family Leave Policies
Paid family and medical leave will aid in equalizing caregiving, which in turn will help close the wage gap. This leave increases the likelihood of women returning to work after childbirth or caring for a sick loved one, which in turn enhances women’s career paths and earning potential.

Women can’t – and shouldn’t – wait for equal pay and equal treatment. We must all advocate for change and work together to achieve it.

The Growing Importance of HR in an Organization’s Success

By Kimberly Kafafian

 

As the saying goes, a company is only as good as its people. We’ll take that a bit further and say that your people are only as good as the effort, the investment, you put into them. And that is where we come in; as Human Resources professionals play an integral part in hiring, training, and retaining those people. We see first hand how those efforts and initiatives help to cultivate an engaged, productive workforce. And given the state of the current labor environment, HR’s role is growing in importance. In fact, according to LinkedIn’s latest Workplace Learning Report, 83% of global leaders feel the HR function is more critical now than it has ever been.

Why? Because creating an interested and agile workforce that will enable the organization to survive, and even thrive, during challenging times, hinges on making sure that all employees have the tools, skills, and career paths to succeed. And this falls under the umbrella of HR teams.

Career Pathing

Taking the steps to define a career trajectory for your workers can help prevent turnover. The HR team can work with leadership to identify the promotions, lateral moves, job rotations and professional development/training opportunities that will enable the employee to grow with the company. This initiative is well worth the investment. A previous LinkedIn study found that 94% of employees would stay with their company longer if it invested in their careers. Workplace systems structured by HR teams, such as employee education, performance assessment, and promotions, will aid in creating a framework for developing career paths.

Learning and Development

The best way to boost retention is to provide learning opportunities. 58% of employees say they are likely to leave their company without “professional development, continuing education, and career training to help develop new skills, stay up to date on current trends, and drive career advancement.” HR are integral in developing training initiatives that not only improve existing skill sets, but also offer opportunities to train in other areas to help further career development. Arranging for courses, workshops, lunch-and-learns, and other events that enable employees to stay on top of the latest trends and developments will show the workforce that you are invested in their careers.

Upskilling and Reskilling

61% of workers say upskilling is extremely or very important when weighing the decision to remain at their current job. But upskilling isn’t only important for retention, it also helps to minimize skills gaps in the workplace. HR’s involvement in upskilling is critical as they are responsible for:

  • Setting goals
  • Analyzing skill gaps across departments
  • Understanding employee goals and motivations
  • Determining who needs upskilling
  • Designing learning programs for career paths
  • Selecting appropriate learning technologies
  • Cultivating a culture of learning

Demonstrating investment in the skills and career development of your workforce will go a long way in boosting engagement, reducing turnover, and attracting the right talent. With it being HR’s role to ensure that employees have the tools, skills, and opportunities to reach their full potential, these members are instrumental in an organization’s ultimate success.

What to Do When an Employee Abandons their Job

By Kimberly Kafafian

 

One day an employee just doesn’t show up for work. No phone call, no email, no text – no explanation. The next day, the same thing occurs. And the day after that, still no contact. Their actions are impacting your ability to run your business. What can you do about their abandonment? Below are some tips to help you address the situation, along with strategies to prevent it from happening again in the future.

What Constitutes Job Abandonment?

Job abandonment occurs when an employee does not show up for work and does not notify the employer of their intention to quit. By not communicating with the employer, it is assumed that the employee has abandoned their job.

There are no federal or state laws that specify the number of days that must pass before abandonment applies, but the most common time period is three business days. In some states, existing case law may establish what is considered a reasonable time period. If an organization has a job abandonment policy in place that outlines the number of days, that is the time period that would apply.

Actions to Take When an Employee Abandons Their Job

If you believe an employee as abandoned their position, you should take the following actions:

Assess the Situation
Not all failures to show up or call in are necessarily job abandonments. There is the possibility that the employee was not able to make contact, such as in a medical emergency. It is important to conduct an investigation to uncover the cause and mitigate any liability. Contact the employee, via phone and email, to find out why they did not come to work and ask if they plan on returning. If you are not able to connect with the employee on the first day, try again – multiple times – over the next few days, until the minimum number of days that is considered abandonment has lapsed. You should also reach out to the employee’s emergency contact and let them know you have been trying to get in touch with the employee. If all of these contact attempts fail, send the employee a letter to their home address noting the dates of missed work and all of your attempts to reach them, and advising that if they don’t contact you within seven days you will consider their non-response to be job abandonment.

Record Everything
Make sure you record all of your contact attempts and place this information in the employee’s personnel file. It is very important to keep track of your actions.

Send a Termination Letter
If you are not able to make contact with the employee despite your efforts, and they have not responded to your letter, send them a termination of employment letter. Be very specific in this letter by including:

  • hat they are being terminated because of job abandonment
  • The dates of missed work
  • Your attempts to contact them
  • Your rules for return of any company property
  • A contact they can reach out to with questions
  • Any required COBRA and insurance paperwork
  • Last paycheck if required

Steps to Prevent Job Abandonment


Create a Job Abandonment Policy

To avoid any confusion, you should create a job abandonment company policy, which is included in your employee handbook and any online employee portals, that states:

  • How many no shows or no calls constitutes job abandonment
  • The consequences of abandoning your job, i.e., that it is considered voluntary termination, which prevents collecting unemployment benefits

This policy should also address short-term disability, as well as the Family Medical Leave Act, specifically outlining that if the employee does not show up to work for a specific number of days and fails to request a leave of absence for a medical or family emergency, or fails to file disability paperwork, they will be deemed to have abandoned their job.

You should also have a policy in place for how you will investigate and take action on possible job abandonment, such as:

  • How you will attempt contact
  • How many times you will attempt contact
  • How you will record your attempts
  • How you will send out termination letter if all attempts fail
  • Having clear policies in place will let employees know the consequences of their failure to call in or come to work.

Build a Culture Where Employees Feel Appreciated

People abandon their jobs because they are not happy with them. If you want to prevent job abandonment, create a culture where your workers feel valued, appreciated, and heard. Offer lenient personal and sick time. Encourage communication and sharing of ideas. Take an active role in, and provide opportunities for, professional development. Consider benefits beyond salary. If possible, be flexible with where and when employees work.

If you need help developing job abandonment policies, or enhancing your culture, schedule a free consultation to talk to one of our HR experts.

Layoffs Are Impacting DEIB Progress

The recent sweeping layoffs across tech and other industries are cutting costs at the expense of DEIB. These moves are not only impacting workers’ livelihoods and the economy, they’re also affecting diversity, equity, inclusion, and belonging initiatives. How? According to new data from Revelio Labs, DEIB positions are being disproportionately affected by the cuts. Eliminating these positions will have a ripple effect on hiring and retention.

Revelio found that over 300 DEI professionals from large companies, such as Amazon, Twitter and Nike, have left in the last six months. Given that diversity teams are typically small in nature, even at large corporations, these cuts could mean the dismantling of the entire diversity team – a move companies will likely regret making down the road.

Hiring for these positions has also stalled. As Bloomberg recently noted, hiring for Chief Diversity and Inclusion officers declined 4.5% in 2022, and listings for DEI roles dipped 19%.

And this is all happening while we are simultaneously seeing a decline in diverse hiring. Revelio found that TripAdvisor, Wells Fargo, American Airlines, Honeywell, Walmart, IBM, and Capital One, are among the employers with the largest declines in diverse hires among companies that have experienced recent layoffs. Not likely a coincidence.

Cutting back in this area, along with a noticeable dip in diversity hiring, by such large companies could cause a ripple effect with smaller organizations whose budgets for these roles is even smaller.

The Negative Effects of Eliminating DEIB Roles

Laying off or failing to hire specialized DEIB positions could signify a bigger issue: placing less of a priority in DEIB moving forward. As an HR professional, this to me is a red flag to which we need to pay close attention.

The numbers are already showing a decline in diverse hiring. Without DEIB roles to implement and oversee important initiatives, what will happen to the workforce, and in turn the company’s bottom line?

The benefits of a diverse workforce are proven. A McKinsey study found that diversity can impact an organization’s bottom line. How? By:

  • Boosting creativity and innovation. Diverse thinking leads to more creativity. Bringing together multiple perspectives fosters new ways of thinking, which drives innovation.
  • Creating a more inclusive culture. A culture that encourages diversity cultivates an environment where people feel accepted and valued, which enhances employee engagement and boosts productivity. Such a culture helps to retain and attract talent.
  • Improving Decision Making. Research shows that diverse teams are better at making decisions – 87% of the time!

Making short-sided DEIB cuts to fix bottom line numbers now, could negatively impact the bottom line in the future by impeding the ability to develop and grow talent through diversity.

covid-19 puzzle piece

COVID-19 Workplace Guidelines for 2023 – What Do We Do Now?

By Dan Darabaris

 

Three years into dealing with COVID-19, we’ve come to realize that this virus is here to stay for the time being, but the guidelines are becoming more lax with each passing day. The rigorous requirements of isolation and masking we dealt with for so long morphed and then morphed some more, again and again. With so many guideline changes, many employers are asking what policies are currently mandated for the workplace in 2023. The answer really depends upon where your business is located. While the CDC has updated its guidelines, states and cities have their own rules organizations must follow.

Current CDC COVID Guidelines

As of 2/1/23, the CDC recommends the following for the general public (non-healthcare workers):

Whether vaccinated or not, if you have COVID-19, you should isolate yourself from others. If you are sick and think you may have COVID, but you have not yet tested, you should also isolate. If you test negative, you can end the isolation, but if you are positive, you should follow the new isolation guidelines below.

Isolation Recommendations

If you tested positive, stay home for at least 5 days and isolate yourself. Wear a mask when around other people during this time.

How to Count Isolation Period

  • If you had no symptoms, Day 0 is the day you tested (not the day you received the results). Day 1 is the first full day after the day you tested. If you develop symptoms within 10 days of Day 0, the isolation clock restarts on the first day of symptoms.
  • If you had symptoms, Day 0 is the day your symptoms started, and Day 1 is the first full day after that.

When to End Isolation

  • If you didn’t have any symptoms, you can end isolation after Day 5.
  • If you had symptoms and they were improving, and you are fever-free for 24 hours (without the use of medication), you can end isolation after Day 5, but you should wear a mask for around others until at least Day 11. If symptoms are not improving, you should isolate until you are fever-free for 24 hours and the symptoms start to improve.
  • If you experienced symptoms and had shortness of breath or difficulty breathing, you need to isolate through day 10.
  • If you were hospitalized or have a weakened immune system, you should isolate through Day 10 and consult a doctor before ending isolation.

Additional Guidelines

Regardless of when you stopped isolation, until Day 11, you should:

  • Avoid being around those you are more likely to get sick from COVID-19
  • Wear a mask around others unless you had 2 sequential negative antigen tests at least 48 hours apart 
  • Not go places where you cannot wear a mask until you can discontinue masking

Based on the above, if an employee has COVID-19, employers should follow these guidelines with regard to the employee’s ability to be present in the workplace, promptly notify workers of exposure, and of course follow any applicable leave laws. 

But more requirements may be in place as the CDC guidelines only supplement federal, state, local, and territorial health and safety laws, rules, and regulations. And those laws, rules, and regulations vary. Below are a few examples.

In New Jersey, there are no longer any specific COVID-19 worker rights and protections in place; however, the state does provide the following recommendations for businesses:

  • Follow the CDC guidelines
  • Encourage unvaccinated employees, customers, and guests to wear masks
  • If requiring masks or gloves, provide them to employees
  • Provide approved sanitization materials for employees and visitors at no cost 
  • Provide employees with sufficient break time for hand hygiene
  • Perform routine cleaning and disinfection of all high-touch areas
  • Conduct daily health checks before each shift (temperature screenings, symptom checking, questionnaires)
  • Keep sick employees from entering the workplace and follow the applicable leave laws
  • Encourage sick employees to stay home
  • Promptly notify employees of any known exposure to COVID-19 at the workplace

Although New Jersey doesn’t have any COVID-19-specific sick leave or job security policies, businesses are still required to follow existing sick leave and job protection laws.  Additionally, employers must abide by OSHA, which requires them to provide a safe and healthy workplace free from recognized hazards that are likely to cause death or serious harm – and the agency has been consistent during the pandemic that employers are obligated to prevent occupational exposure to COVID-19 under the general duty clause. In relation to COVID-19, OSHA specifically suggests that employers instruct workers who have COVID-19, those who are unvaccinated and have had close contact with someone who tested positive, and workers who have symptoms to stay home from work. 

So while New Jersey does not have any workplace rules in place, there are significant recommendations, and federal rules, that employers should follow.

New York has stated that it is following CDC guidance when it comes to COVID. In addition, it recently extended the state law requiring paid leave for COVID-19 vaccination effective date through December 31, 2023, and it continues to require employers to provide paid COVID-related leave.

In California, a bill was passed allowing employers to prominently display a notice regarding COVID exposure, where other notices are placed with the dates the employee with COVID was at the workplace, in lieu of written notice being sent to employees. 

As you can see with just the different laws in these three states, it’s important to stay up to date on what your state and local governments, along with the federal government, are requiring.

How to Proceed

While the wrath of COVID-19 may have subsided, employers need to be diligent. Moving forward, they should:

  • Follow current guidelines, rules, laws, and recommendations
  • Monitor federal and local law and rule changes
  • Keep on top of changing CDC guidelines
  • Be prepared for potential surges
  • Reinforce workplace safety
  • Continue to openly communicate with employees
remote worker

Labor Laws for Remote Workers – Be In the Know

By Dan Darabaris

 

The pandemic has changed where we work, and for many businesses this opens up the potential to have employees working in many states other than that of the business. To stay compliant, employers need to not only have a pulse on the tax, business, and employment laws in the state where the organization is located, but also where their remote workers reside. Tracking compliance changes will help ensure proper reporting and avoid possible penalties. 

Your HR team and employment counsel can help you keep abreast of all the changes that could impact your business. We like to use the compliance checklist below as a guide for our clients that have employees who work remotely outside of their state.

Remote Worker Compliance Checklist

Conducting Business

Does hiring an employee who will work remotely in another state constitute “conducting business” in that state? The answer varies by state, and usually depends upon the services the worker will be conducting and their role within the company. If it is determined that your business is conducting business in another state, you must register with that state to be given the authority to transact business there.

Payroll Tax and Withholding

Businesses may need to follow additional state payroll tax withholding, payment, and reporting requirements if they employ a remote worker. Your HR and legal counsel can help you identify if you have the requisite contacts that would cause these responsibilities to kick in, as well as if there is any reciprocity agreement between the two states that could help you avoid the requirements altogether.

Unemployment Insurance and Laws

Depending upon the Department of Labor’s Localization of Work Provisions’ 4-factor test, you may be required to report and pay unemployment insurance to the state where the remote worker resides. The four prongs relate to:

  1. Where are the services performed
  2. Where is the base of operations
  3. Where is the place of direction and control
  4. Where does the employee reside

Note that a state law could override this test.

State Labor and Employment Laws

When employing a remote worker, businesses must consider the employment laws of that worker’s state, such as:

  • Payroll
  • Hiring
    • At will employment
    • Pay transparency and salary history questions
    • Criminal history, background checks, and drug screening
  • Leave
    • Family leave
    • Disability leave
    • Paid time off
  • Insurance
    • Worker’s compensation
    • Healthcare
    • Disability
    • Business and professional liability

Remote work is here to stay, so employers need to stay on top of the laws that could impact them when hiring an employee who will work outside of the state where the company is headquartered.

If you need an HR team to help you stay compliant, the human resource professionals at Monarch Consulting are ready to assist you.