Resecō Inform

HR Insights Blog HeaderIn light of the coronavirus (COVID-19) pandemic, many organizations are taking precautions to best ensure the health and safety of their workforce. As return-to-work plans are implemented, employees are also concerned about safety—and are often addressing concerns directly with their employers.

As organizations address new challenges, many are seeking answers regarding what they can, and cannot do in response to common return-to-work concerns. This article serves as a general guide for employers regarding safety and workplace precautions as organizations prepare and implement return-to-work plans, and prepare to address common concerns as employees return to the workplace.

In today’s business climate of corporate transparency and accountability, an organization’s officers and directors face a myriad of employment-related exposures.

Sarbanes-Oxley regulatory mandates and shareholder activism mean directors are more frequently at risk, translating to rising claims and escalating settlement costs. In the wake of unprecedented corporate scandals in recent years, clearly the trend of corporate accountability applies to large corporations. But privately held companies, including nonprofits, are not exempt from litigation arising out of the management decisions of their boards. They, too, are at risk.

The Centers for Disease Control and Prevention (CDC) recommends isolation to separate people infected with COVID-19 from people who are not infected.

This article compiles important information from the CDC. Visit www.cdc.gov/covid-19 for more information.

Who Needs to Isolate?

People who are in isolation should stay home until it’s safe for them to be around others. In the home, anyone sick or infected should separate themselves from others by staying in a specific “sick room” or area, and using a separate bathroom, if available. Read More Button

The U.S. Department of Labor (DOL) has issued questions and answers (Q&As) on when federal contractors must include Service Contract Act (SCA), Davis- Bacon Act (DBA) or Executive Order (EO) 13706 fringe benefits—or their monetary equivalent—for workers taking leave under the Families First Coronavirus Response Act (FFCRA).

According to the Q&As, federal contractors whose work is covered by the SCA, the DBA or EO 13706 generally do not have to pay the health and welfare fringe benefit rate that those laws and the executive order would normally require when employees take FFCRA paid sick leave or expanded family and medical leave.

This article compiles expert guidance from the Centers for Disease Control and Prevention (CDC).

Purpose

This guidance provides recommendations on the cleaning and disinfection of households where persons under investigation or those with confirmed COVID-19 reside or may be in self-isolation. These guidelines are focused on household settings and are meant for the general public.

Legal Update HeaderOn July 21, 2020, the National Labor Relations Board (NLRB) issued a decision that eases the way for employers to discipline or discharge an employee based on abusive or offensive conduct—such as racist or profane remarks— committed while the employee was also engaged in activities that are protected under the National Labor Relations Act (NLRA).

Uniform Standard

The decision means that, in any NLRB case in which an employee who engaged in abusive or offensive conduct claims he or she was disciplined for NLRA-protected activity, the employer may show that its adverse employment action was lawful by proving that:
  • The employee’s protected activity was not a motivating factor in the discipline or discharge; and
  • It would have taken the same action even in the absence of the protected activity (for example, by showing consistent discipline of other employees who engaged in similar conduct).