Yes, but there’s a right way to do it and a wrong way to do it. In most circumstances, employers shouldn’t ask about an employee’s symptoms, as that could be construed as a disability-related inquiry. Under the circumstances, however—and in line with an employer’s responsibility to provide a safe workplace—we recommend asking specifically about the symptoms of COVID-19 and making it clear that this is the extent of the information you’re looking for.
Here’s a suggested communication: “Thank you for staying home while sick. In the interest of keeping all employees as safe as possible, we’d like to know if you are having any of the symptoms of COVID-19. Are you experien
The last month has been interesting, dramatic, and stressful as the country has taken small and large measures to limit the spread of COVID-19. Employers nationwide are struggling with how to deal with these changes. Below are answers to some frequently asked questions as well as links to several resources that employers may find helpful. What am I obligated to do, legally?There aren’t any universal employer responsibilities that crop up as soon as something is declared a pandemic. That said, pay attention to federal, state, and local authorities to see if they are rolling out benefits or prohibitions that you need to be aware of. For instance, Colorado passed an emergency paid sick leave
Under the ADA, an employer is required to provide reasonable accommodations to employees with disabilities, so long as doing so does not create an undue hardship on the organization. Many state laws also use this standard with respect to accommodations for disability, pregnancy, and lactation, so it’s useful to understand. The basic definition is an action that creates a significant difficulty or expense.The cost of an accommodation could be an undue hardship on the employer, but so could an accommodation’s duration or disruption. An accommodation that would fundamentally alter the nature or operation of the business would be an undue hardship, even if the cost was negligible. But if co
As we head into a new decade, there are many exciting
opportunities and challenges for U.S. employers. Among those are the ways companies build the
skills and knowledge of their workforce.
What used to be called “training and development” has evolved into a front-and-center
business strategy in order to remain competitive in a global market and provide
the heightened service level expected from customers. No matter the size of the organization, it’s
important then that all company leaders set aside time to define and sustain their
An important first step is to make sure the company is clear
on its reasons to build a learning culture.
Probably not. Depending on what they said, and who responded to it, their speech may be protected under Section 7 of the National Labor Relations Act. Section 7 protects concerted activity by employees that relates to the terms on conditions of their employment. Concerted means “in concert,” so two or more employees must be involved, but this is easily achieved on social media if a co-worker even just “likes” the post. Terms and conditions could include pay, hours, work environment, treatment from managers, benefits, or violations of labor and employment laws.
We understand that this sort of social media activity by employees can be frustrating. One way to reduce the likelihood t