HR Snapshot

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Snapshot

WE HAVE UNDER 100 EMPLOYEES AND ARE NOT REQUIRED TO MANDATE THE COVID VACCINE. WE’RE CONSIDERING DOING SO ANYWAY, BUT WE’RE ALSO INTERESTED IN OTHER WAYS OF ENCOURAGING OUR EMPLOYEES TO GET VACCINATED. WHAT INCENTIVES HAVE BEEN MOST EFFECTIVE?

WHAT SHOULD I DO IF AN EMPLOYEE MOVES TO A DIFFERENT STATE AND WILL BE WORKING FROM THERE?

Incentives are a good idea if you don’t want to mandate the COVID vaccine.

Bonuses have been shown to convince at least some hesitant employees. You could, for example, establish a policy that every vaccinated employee gets $100. If you go the monetary incentive route, you’ll want to offer alternatives (different safety measures like wearing an N-95 or keeping extra distance) that an employee who is unable to be vaccinated can follow in order to receive the incentive.

Another way to encourage the vaccine is to allow employees to get it during the workday and offer paid time off while they recover. This option may be best for employees who have avoided the vaccine mostly out of concern for potential side effects and being unable to work because of them.

Finally, you can remind your employees that the sooner more people get vaccinated, the sooner we’ll have this virus under control and be able to stop having to wear masks and practice social distancing. No one likes these practices or wants them to continue for long.

If these incentives don’t work to your liking, mandating the vaccine is another option, even if you’re not required to do so by the new rules.

Answer from Kyle, PHR

There are several things you need to do if an employee moves out of state:

• If you don’t already have other employees there, you’ll need to set up payroll tax accounts in the new state. The state in which the employee physically works is the state used for state income tax withholding, unemployment tax contributions, and the like. • Update your employee handbook with any new state laws that apply. This is typically done with a state-specific addendum. Provide the updated handbook to the employee. • Review that state’s new hire paperwork requirements. Update forms used if necessary. • Provide the employee with any required employment law posters for that state. • Notify your workers’ compensation carrier and your health insurance carrier, if applicable.

Answer from Emily, SPHR

You should avoid questions that are not job-related or that cause an applicant to tell you about their inclusion in a protected class. These would include questions about race, national origin, citizenship status, religious affiliation, disabilities, pregnancy, sexual orientation or gender identity, past illnesses (including use of sick leave or workers’ comp claims), age, genetic information, or military service. You should also avoid asking about things that might be protected by state law (e.g., marital status and political affiliation).

Asking these sorts of questions could result in rejected candidates claiming that the decision not to hire was based on their inclusion in these protected classes rather than job-related considerations. We recommend looking at your state’s protected class list to be sure you don’t run afoul of it.

During an interview, it is advisable to present the candidate with a copy of the job description that lists all essential job functions, including any physical requirements necessary to perform the job, and simply asking the candidate if they are able to perform the job duties listed. For example, if the position requires someone to lift 25 pounds repeatedly throughout the day, you should ask the applicant whether they can lift 25 pounds repeatedly throughout the day. You should not ask whether they have back pain or any other physical issues that might prevent them from lifting 25 pounds or if they’d filed a workers’ comp claim when doing manual labor in the past. If you need someone to work Sunday mornings, you should ask the applicant if they can work Sunday mornings. You should not ask if they attend church or have other commitments that would prevent them from working Sunday mornings.

If a candidate proactively acknowledges a disability or medical condition, we recommend that you refrain from addressing this candidate’s mention of it directly. Instead, confirm that the candidate can perform the essential functions of the position with or without reasonable accommodation. You’ll want to be certain that you are asking this question consistently of all candidates, and not just those who have disclosed a past medical condition or those you suspect may not be able to perform the essential functions of the position. It’s also important not to make assumptions about a candidate’s ability to perform their job based on their having disclosed that they have a disability or other health condition.

Finally, unless a candidate has an obvious disability or has voluntarily disclosed that they have a disability, we would not recommend asking applicants if they would need accommodation to perform job functions as it would have the effect of creating a pre-employment disability inquiry, which is prohibited under the Americans with Disabilities Act (ADA).

Answer from Brody, PHR, SHRM-CP

OUR COMPANY IS CLOSING TODAY DUE TO INCLEMENT WEATHER. ARE WE REQUIRED TO PAY EMPLOYEES FOR THIS DAY?

The answer depends on whether the employees are exempt or nonexempt under the Fair Labor Standards Act. Exempt employees must still be paid when you close due to inclement weather. Nonexempt employees, however, only need to be paid for actual hours worked, plus any reporting time pay that may be required by state law.

That said, you should also be consistent with your own policy and practice. If you have been paying all employees—regardless of their employment classification—for hours they would have worked had you not closed for bad weather, then you should continue to do so. If you would like to end that practice, we recommend creating a clear written policy and distributing it to all employees prior to implementation.

Answer from Kyle, PHR