Employment Issues Surrounding COVID-19

by Guest | Mar 17, 2021 | Community, sponsor

By: Kristy Peters, Shareholder, Littler Mendelson

Over the past year, employers have had to pivot frequently to comply with changing laws and guidance. This blog sets forth some key issues employers should consider with regard to employees in the COVID-19 environment.

Workplace Safety

Arizona employers are currently required to implement symptom screening for employees prior to the start of their shift to include wellness/symptom checks, including temperature checks, when possible, as employees arrive on premises or before opening. It is recommended that employees wear face masks in businesses where service cannot be provided without physical distancing. Note, different states and cities have different screening and mask requirements for on-site work so you will want to check the specific jurisdiction when developing policies. 

On January 29, 2021, the U.S. Department of Occupational Safety and Health Administration (OSHA) released guidance for employers that contains recommendations as well as descriptions of mandatory safety and health standards. The OSHA guidance encourages employers to implement COVID-19 prevention programs in the workplace to mitigate the spread of COVID-19 at work. Four key elements that should be included in a COVID-19 prevention program include: 

1. Identification of where and how workers might be exposed to COVID-19 at work by conducting a hazard assessment. 
2. Identification of a combination of measures that will limit the spread of COVID-19 in the workplace. 
3. Instructing workers who are infected or potentially infected to stay home and isolate or quarantine to prevent or reduce the risk of transmission of COVID-19.  
4. Implementing protections from retaliation and setting up an anonymous process for workers to voice concerns about COVID-19-related hazards. 

The guidance also discusses return-to-work criteria, social distancing measures, engineering controls, face coverings and personal protective equipment, and sanitization, cleaning, and disinfecting practices.

COVID-19 Testing

There are a number of legal considerations involved with the decision to implement COVID-19 testing for employees. When deciding which employees to test and how frequently to test them, employers must tailor their testing program to make sure it aligns with the objective of reducing the direct threat of COVID-19 infection in the workplace. 

First, employers must choose a test that provides accurate and reliable results. The Equal Employment Opportunity Commission (EEOC) opined that antibody tests should not be used because they are not sufficiently accurate or reliable. 

Employers should also avoid using antigen tests. When selecting a virus test, employers need to confirm the test’s reliability before using it to test employees and make employment decisions. 

Second, employers should use a HIPAA-compliant authorization form from employees to provide to the testing laboratory when the testing laboratory is subject to HIPAA. If the laboratory is not HIPAA compliant, the authorization form does not need to be HIPAA compliant, but there are benefits in using a HIPAA-compliant laboratory. 

Third, once an employer receives COVID-19 test results, the employer should implement safeguards and procedures to maintain the confidentiality of the medical information.

Vaccinations

Vaccination requirements implicate a number of federal civil rights laws, including the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the religious protections of Title VII of the Civil Rights Act of 1964 (Title VII). 

On December 16, 2020, the EEOC issued guidance to employers related to these federal obligations. While the EEOC guidance did not directly state that mandatory vaccination policies are lawful, the guidance focused on how an employer should respond to requests from employees who cannot or do not wish to obtain a vaccination, suggesting that requiring a vaccination as a condition of returning to the workplace is not per se unlawful provided that certain conditions are met. Specifically, employers that wish to adopt mandatory vaccination policies may be obligated to provide exemptions or accommodations to employees with religious objections, pregnant workers, and employees with disabilities that may prevent them from obtaining a vaccination. Additionally, employers should consider the availability of vaccinations to its workforce when developing vaccination policies. 

Some employers are considering providing awards to employees to incentivize vaccinations. If providing incentives, employers need to take into account various laws, including HIPAA, the ADA, Title VII, and wage and hour laws. Specifically, where the award is health-related or tied to the employer’s group health plan, a “wellness plan” may be established. 

There are many government regulations that govern wellness plans, with some key regulations within HIPAA and the ADA. Employers may need to have reasonable alternatives available to employees to receive the incentive, depending on the circumstances, so all employees have the opportunity to participate. 

With regard to wage and hour laws, employers need to determine whether the time spent receiving a vaccine is compensable time that must be paid. If employers choose to provide a bonus to employees who receive a vaccine, it is unlikely that the incentivizing bonus will be considered “discretionary” under the Fair Labor Standards Act, so it will likely need to be included in the regular rate of pay when calculating overtime for employees. 

Wage and hour obligations vary greatly by jurisdiction, so employers will need to evaluate these considerations in each jurisdiction.

Employee Leaves

On March 6, 2021, the U.S Senate passed its version of President Biden’s “American Rescue Plan.” Key provisions of this bill impacting small business are as follows:

• FFCRA Leave: The bill continues to allow employers with fewer than 500 employees to provide leave for certain COVID-19-related reasons. The cost of this leave is fully set off by refundable federal tax credits through September 30, 2021. The bill also expands the leave for which reimbursed leave is permitted (such as obtaining a vaccination).

• Paycheck Protection Program: The bill adds an additional $7.25 billion to last year’s Paycheck Protection Program, which provided for fully forgivable loans for certain employers, provided they maintained payroll and headcount.

• Gig Company Reporting Requirements: The bill changes current reporting requirements for “third-party network” transactions. Under current law, companies are not required to report certain information about earners who use their platforms unless the amount exceeds $20,000 and is a result of 200 or more transactions. Under the new law, that threshold is reduced to a flat $600, irrespective of the number of transactions. 

Arizona employees are also entitled to earned paid sick time. For employers with 15 or more employees, employees are entitled to accrue a minimum of one hour of earned paid sick time for every 30 hours worked, up to 40 hours per year. For employers with less than 15 employees, employees are entitled to accrue a minimum of one hour of earned paid sick time for every 30 hours worked, up to 24 hours per year. 

Remote Work

Many employees are telecommuting which can raise different legal issues. Employers should keep the following issues in mind when employees are telecommuting – especially if they are relocating to a different jurisdiction:

• Whether this affects state and local taxation obligations
• Whether the employer is required to register to do business in the new jurisdiction
• Whether there are new or additional paid sick leave obligations
• Whether there are counting issues that create obligations under the Family and Medical Leave Act or similar state laws
• Whether there are different minimum wage or salary exemption laws
• Whether there are different meal and rest break requirements
• Whether there are required job posters, pay data reporting, or hiring notifications
• Whether there are wage-theft notice requirements where none previously existed
• Whether there are unemployment insurance payment obligations
• Whether there is a change in workers’ compensation obligations

For example, if you have an Arizona employee who is working remotely from California, you may be subject to daily overtime obligations and meal and rest break requirements, which are significantly different than obligations under Arizona law.

These are complex issues and jurisdiction specific. Employers need to keep these considerations in mind as their employees work remotely from other locations.

Takeaways

Legal obligations for employers have changed at rapid speed over the past year. Littler Mendelson is a global employment law firm with over 1,600 employment attorneys. The firm has stayed on top of these ever-changing issues. Littler publishes articles on key employment related developments which anyone can subscribe. Littler also provides COVID-19 resources on its website: www.littler.com/covid-19. Please feel free to reach out to Kristy Peters, [email protected] or (602) 474-3639, for assistance with any employment law issues.

UNMET Coming to Arizona as Venture Attraction Continues to Sizzle

by Guest | Feb 21, 2020 | Community, sponsor

The Arizona Commerce Authority is proud to once again sponsor PHX Startup Week, and we can say with confidence that this event is an exciting kickstart to the suite of signature innovation-focused events scheduled for 2020.

So, there is no better place than this to announce some exciting venture attraction opportunities coming to Arizona.

This spring, the ACA, in partnership with Stout Street Capital, will host the largest venture capital conference in state history. UNMET Arizona 2020 will feature 100 fast-growing tech companies that will have access to more than 120 institutional investors from across the country.

The UNMET Conference will serve another tool helping to facilitate increased deal flow, furthering Arizona’s reputation as the best place to test, launch and scale new ideas and new technologies.

This reputation of Arizona’s vibrant innovation ecosystem has been cemented under the leadership of Governor Ducey, who has consistently advanced policies that embrace emerging technologies and serve as a draw for new venture capital making its way to Arizona.

Our state posted a record-breaking year in 2019, with more than $1.1 billion invested by venture capital firms in Arizona-based companies. The investment represents 206 deals. Clearly, Arizona’s innovation ecosystem is humming with big ideas and bold entrepreneurs. And our growing venture attraction portfolio is helping those ideas commercialize.

UNMET Arizona 2020 will be held May 12-14 at the Scottsdale Center for the Performing Arts. As part of the event, we will be celebrating the graduates of the ACA’s Venture Ready Accelerator business mentorship program, which will feature a graduation showcase, reception and kickoff gala.

Arizona is home to visionary entrepreneurs and industry-leading companies at the forefront of cutting-edge technologies. We’re confident the momentum will continue, and together, we’ll continue to make Arizona a national model of startup success.

This blog post was written and submitted by Arizona Commerce Authority. Thank you to the ACA for their generous support of PHX Startup Week 2020.

What is your business’ Unique Selling Proposition?

by Guest | Feb 21, 2020 | Community, sponsor

You may have heard that question at some point when you were building your business or starting up. USP stands for Unique Selling Proposition. 

In very simple terms, why should I buy from you versus anyone else?  What makes you different? Unique?

After presenting the “ ABC’s of Starting a Business workshop” for years, presented by SCORE Greater Phoenix, it is evident how many people do not have a clear focus on what their business is and who problems they solve and to whom are they solving those problems for. We hear extra filler junk, such as. “I am like the UBER of XXX.” So, what I heard is that you have a billion-dollar valuation, are in the debt over a billion dollars and have not been profitable and probably will never be profitable. Not good.

So how can you create your own very compelling USP?

Simple. Follow this simple formula and create your own USP. Think of it as your elevator pitch.

First, write down your target marketing Now you may have more than one, but not more than three. Why? Because if your message is trying to be everything to everyone, no one cares, and no one wants to hear it. They want someone to solve their problems-not the world’s. Be specific on who your market is. If it’s dentists, then what kind of dentist? Orthodontist? Periodontist? General? Oral? Etc. 

Be specific. “My company works with orthodontists.”

Next, write down at least 25 problems your target customer has, then write down 10 more. This will really help in your business down the road. Identify the top 3 problems your target market has based on your list. How do you know what the top 3 problems are? Hopefully, you know why your customers are doing business with you. If not, ask them what problems/challenges your product/service solves for them.  If you don’t have customers yet, then meet with a mentor to have them help you find those top 3 challenges. You also may know what 3 challenges you want to solve for your customers-but it must be in alignment with THEIR needs.  I.E. Orthodontists problems are; patients not showing up for appointments, potential clients not having insurance to get braces (cost) and finding good staff. 

Now write down at least one solution to each one of the problems you outlined in the last step. Be specific. Using our dentist as an example; send out email, text and voice mail reminders for the appointment, providing another insurance solution if they don’t have insurance, use a systematic process to hire great staff.

Let’s put your USP all together. 

“My company works with elite orthodontists who have challenges obtaining new patients and attracting high level staff. We help them develop acquisition and retention strategies to build their practice and their team.”

You may be thinking, how did I get that USP from the exercise. It’s simple. THEIR problem is getting new patients in because they don’t have insurance, keeping patients and getting new staff. The USP says that in a language that is speaking to the orthodontist-not to anyone else. Now, if another type of dentist heard this, would they want to know more from you? Absolutely. You can alter your USP to your market. 

I.E. “My company works with elite dentists who have challenges obtaining new patients and attracting high level staff. We help them develop acquisition and retention strategies to build their practice and their team.”

See how that works. You must speak to your audience. It’s NOT about you. It’s about who you serve, what are their problems and how are you solving them. 

Stop being the Uber, Apple, Tesla, Google, or whatever other company you want to compare yourself to. They have their USP. Here are a few.

• Uber: Ride when you want, where you want
• Apple:  We provide a lifestyle with our products
• FedEx: When your package absolutely, positively has to get there overnight
• Coke: The real thing
• Google: Access the world from your fingertips

You are NOT them. They have established themselves in the market, you are working on establishing yourself.

Speak to your audience, be unique, be you. They do not have to define their market; it has already been defined.

Create your USP today.  Be clear.

This Blog is provided by SCORE  Greater Phoenix, Steve Feld a SCORE Certified Mentor.  

 SCORE provides free one-on-one mentoring for entrepreneurs and small businesses, as well as free or low-cost workshops for small businesses in the Phoenix area throughout the year.  Visit GreaterPhoenix.Score.org for information or contact Joyce Keane, Chapter Vice-Chair at [email protected].

Networking Your Small Business

by Guest | Feb 21, 2020 | Community, sponsor

You may have the most lucrative product or service, but how do you move from no one knowing about it to achieving great success in business? Networking for your small business is an integral part of marketing and promoting what you offer. Networking is the next step of branching outside of the office, meeting new people and forming new relationships.

Networking can be a cost-effective way to find meaningful connections for you and your business. Not all networking for your small business is the same. There are varying types of networking events. Some events consist of open networking, which allows attendees to mingle and have conversations. It is important in open networking events that you don’t do all the talking. To learn more about other attendees’ businesses, ask more questions before you share about yourself. Active listening and asking questions tells the other person you’re engaged in what they have to say.

Forming a relationship is more valuable than exchanging business cards when networking. There are more organized networking groups, often called leads or referral groups. These groups tend to meet often, usually weekly, and are more structured. These groups include an agenda and introductions of each member’s business. Often these groups emphasize active participation by setting requirements for all members to continually pass along business leads. Some networking groups also have a business spotlight, which highlights a member’s business for that week.

Utilizing this spotlight, it is a perfect opportunity to share in-depth details about your business and share what type of connections you are looking for. The old adage “It’s not what you know, but who you know” is absolutely true when it comes to building a successful business through networking. To grow your small business quickly, you will need to have a strong source of relevant connections in your network whom you can call on when you need them. Networking can open the door to talk to highly influential people you wouldn’t otherwise be able to easily talk to or find.

Attending a new networking group can be daunting. When planning out your calendar for networking events, especially ones you are trying for the first time, think ahead of who you are trying to connect with. Meeting every single member in the room is not manageable, especially at an open networking event. Walking away with two or three new strong connections is far more valuable. To continue to grow relationships, plan to follow up with all new connections immediately. Send an email, call them and, potentially, set up another time to continue the conversation. To be successful with networking, connections must be mutually beneficial.

Be reciprocal by introducing your new connection to your network. Finding the right networking group requires commitment. Start your new year right by attending a new networking group each week for the next month. Allow yourself time to find the networking group that works best for you and your business. Once you find that right network, the growth of your business is sure to come.

This article was written by Jodi Towns, ASBA Director of Partnership Development & Marketing.

[email protected] (602) 306-4000