Posted on Leave a comment

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace Part 1

What Employees Should Know About COVID-19 Protections in the Workplace

SARS-CoV-2, the virus that causes COVID-19, spreads mostly among unvaccinated people who are in close proximity to each other. The virus spreads particularly indoors and especially in poorly ventilated areas.

Vaccination is an essential element in a multifaceted approach to protect workers. If your employer offers opportunities to take time off in order to get vaccinated, take advantage of the time offered. Vaccines authorized by the U.S Food and Drug Administration (FDA) are effective at protecting those vaccinated against symptomatic and severe cases of COVID-19 and death. A growing body of evidence suggests that those fully vaccinated are less likely to have symptomatic infection or transmit the virus, according to the Centers for Disease Control and Prevention (CDC).

Many employers have created COVID-19 prevention programs that include precautions to keep unvaccinated or otherwise at-risk employees safe. Created prevention programs might include:

  • Telework
  • Flexible schedules
  • Engineering controls (especially ventilation)
  • Administration policies (e.g. vaccination policies)
  • PPE
  • Face coverings
  • Physical distancing
  • Enhanced cleaning programs, focusing on high-touch surfaces

The recommended precautions and policies of your workplace should be followed. These multi-layered controls are specific to your workplace and are particularly important to unvaccinated or otherwise at-risk employees.

In addition to these guidelines, the CDC now recommends those that are fully vaccinated wear a mask in public indoor settings where there is a potential of substantial or high transmission. Still, those fully vaccinated might choose to mask, regardless the level of transmission. This choice might depend on if they or someone in their household is immunocompromised or at an increased risk of severe disease, or if others in their household are unvaccinated.

Ask your employer about prevention policies and plans for your workplace. Additionally, employees with disabilities who are at risk may request reasonable accommodation under the Americans with Disabilities Act (ADA).

If your employer does not have a COVID-19 prevention plan and you are unvaccinated or otherwise at risk, you can help protect yourself and others by following the steps below:

  • Get a COVID-19 vaccine as soon as you can. Check with your employer about paid leave opportunities, if necessary, to get vaccinated and for recovery time from any side effects.
  • Wear a face covering. When properly worn, face coverings are simple barriers worn over the mouth, nose, and chin. These coverings help prevent your respiratory droplets or large particles from reaching others. Higher quality masks are encouraged, as they provide a greater measure of protection. When working outdoors, you may opt to not wear a face covering; however, should you choose to, your employer should support you in safely wearing a face covering continuously, especially if you work closely with others.
  • Social Distance. Unless fully vaccinated or not otherwise at-risk, stay far enough away from others that you are not breathing in respiratory particles produced by them. This distance is generally 6 feet (about 2 arm lengths). Please note that this is not a guarantee that you will avoid infection, especially if you are in enclosed or poorly ventilated areas.
  • Take advantage of telework or flexible schedule policies, if offered by your employer.
  • Perform work tasks, hold meetings, and take breaks outdoors when possible.
  • Participate in any training offered by your employer to learn how rooms in your workplace are ventilated effectively, if offered. Encourage your employer to provide such training if it does not already exist. If you see any vents that are clogged, dirty, or blocked by furniture or equipment, notify your building manager.
  • Practice good personal hygiene and wash your hands often. When you cough or sneeze, cover your mouth and nose with a tissue or the inside of your elbow. Do not spit. Monitor your health daily and check for COVID-19 symptoms (fever, cough, shortness of breath, etc.)
  • Get tested regularly, especially if you live in areas of substantial or high community transmission.

COVID-19 vaccines are safe and highly effective at preventing you from getting COVID-19. If you are not yet fully vaccinated or otherwise at-risk, these multi-layered controls provide optimum protections that prevent exposure and infection.

Posted on Leave a comment

MID-YEAR LABOR LAW CHANGES

Keeping up with labor laws can be a daunting task. Changes seem to occur almost daily. And while this isn’t actually the case, it can sure feel that way. Changes to federal labor laws do not happen quite as frequent as those at the state level as a general rule. But in times of uncertainty, as we experienced with Covid in 2020, even federal labor laws can be enacted quickly as we saw with the passing of the CARES Act. The laws created by the CARES Act were of a temporary nature with many of the requirements ending in December of 2020. Most changes to labor laws are not temporary though. We find states often update various laws throughout the year. Some of those changes are considered minor such as address changes, website address changes, or department personnel changes. Other changes are considered major such as increases in minimum wages, newly enacted laws, and major changes to the text of an existing law.

Midyear often brings about many of those changes. The most common change is a state’s Minimum Wage. Although the Federal Minimum Wage has not increased since July 2009, many states, cities, and counties have a higher minimum wage. (Employers are required to pay workers the higher amount.)

The following states have mid-year minimum wage increases:

  • Connecticut: $13/hr. effective August 1, 2021
  • District of Columbia: $15.20/hr. effective July 1, 2021
  • Florida: $10/hr. effective September 30, 2021
  • Nevada: Minimum Wage and Daily Overtime Bulletin
    • For Employees offering qualified health insurance benefits: $8.75/hr. effective July 1, 2021. The daily overtime wage will increase to $13.125 per hour.
    • For Employers that do not offer qualified health insurance benefits: $9.75/hr. effective July 1, 2021. The daily overtime wage will increase to $14.625 per hour.

Additional changes to many state laws have also taken place and include:

California:

  • Safety and Health Protection on the Job: Address change

Florida:

  • Workers’ Comp Works for You: website change for reporting suspected insurance fraud online.

Illinois:

  • Your Rights Under Illinois Employment Laws: address change
  • Victims’ Economic Security and Safety Act: added victims of gender violence to protected groups.

Louisiana:

  • Earned Income Credit: 2021 income limits for earned income tax credit updated.

Missouri:

  • Fair Employment: Statutory purpose updated.

Oregon:

  • Paid Sick Time: Clarifies that paid sick time also covers bereavement, parental leave and leave to care for a child whose school is closed for a public health emergency.
  • Family Leave Act: Allows leave to take care for a child whose school is closed for public health emergency.
  • Equal Pay Act: Illegal for an employer to pay an employee less than someone else based on pay history.

Virginia: Email and phone number changes

  • Virginia Human Rights Act
  • Low Income Credit

To keep up with the most current changes to the federal labor laws as well as your state labor laws you can sign up for a free email update service. Simply click here to enroll: https://www.nsccompliance.net/llp-updates/