Springfield Business Journal_2021-02-22

SPRINGFIELD BUSINESS JOURNAL · 11 FEB. 22-28, 2021 LAW CLEANING FOR HEALTH WE FOCUS ON YOUR BUILDING. YOU FOCUS ON YOUR BUSINESS. 2020 Traditional Services Janitorial Services Carpet Cleaning Hard Floor Cleaning Looking for peace of mind? Let us design a cleaning or infection control program that fits your needs. sq.ft. cleaned daily MILLION sq. ft. disinfected since March '20 MILLION Emergency COVID Response Cleans Infection Control Services Electrostatic Disinfecting Confirmed Case COVID Cleans Cleaning for Health Programs creekside.elfindaleretirement.com 1601 South Fort, Springfield, MO 65807 | (417) 831-3828 Active, Independent Living! “Staff knows & calls each resident by his or her first name.” —Verified Review Gracious Living • Exciting Choices • Affordable Pricing New administration busy with employment mat ters Recent presidential executive orders, opinion letters and guidance manual updates are impacting area employers regarding religious discrimination, un- employment claims due to COVID-19, Occupational Safety and Health Admin- istration concerns regarding COVID-19, and wage and hour opinion letters issued and withdrawn. Here are some changes businesses must be aware of in order to modify poli- cies and procedures to ensure compliance and conduct management training. Unemployment benefits A Jan. 22-signed executive order re- quests the Department of Labor to con- sider addressing whether a worker will still qualify for unemployment benefits if they decline employment that will endan- ger their health or the health of a family member at heightened risk if they con- tract COVID-19. COVID guidance The Jan. 21 order directed OSHA to issue stronger guidance regarding CO- VID-19. It calls for companies to include face covering information from the Cen- ters for Disease Control and Prevention, consider offering a vaccine at no cost to staff members and ensure vaccinated employees continue to follow all CDC and OSHA guidelines, since at this time, “there is not evidence that COVID-19 vaccines prevent transmission of the vi- rus from person-to-person,” according to the order. Fair labor The Jan. 19 opinion letter addressed whether the Fair Labor Standards Act re- tail or service establishment exemption applied to staffing firms that recruit, hire and place associates on temporary assign- ment or in temp-to-hire positions with clients. The FLSA exempts certain la- borers of retail or service establishments from overtime pay requirements. The DOL withdrew three opinion letters FLSA2021-4, FLSA2021-8 and FLSA2021-9. The letters addressed res- taurant tip pools, independent contractor status for distributors of manufactured food products and independent contrac- tor status of tractor-trailer truck drivers required by motor carriers to implement legally mandated safety measures, re- spectively. Religious discrimination The revisions to the Compliance Manu- al Section of Religious Discrimination on Jan. 15 were the first since 2008. The man- ual provides insight into the U.S. Equal Employment Opportunity Commision’s enforcement priorities, but it does not have the force of law or regulations. The manual addresses reasonable ac- commodation, which includes flexible scheduling, voluntary swaps of shifts, lateral transfers and modifying work- place practices, policies or procedures. It also clarifies the definition of undue hardship, which differs from the use of the phrase in the Americans with Dis- abilities Act. Factors to now consider when analyz- ing undue hardship include if the accom- modation reduces productivity in other positions, infringes on other employees’ job rights or benefits, undermines work- place safety or results in co-workers performing the accommodated person’s portion of potentially hazardous or diffi- cult work. Another factor includes pros- elytizing. Conduct that is disruptive to the workplace, even if it does not rise to the level of harassment under Title VII, may still cause an undue hardship on the operation of the organization. Employers should permit religious ex- pression among staff members at least identical to the degree they allow other types of personal expression that are not harassing or disturbing to business op- erations. Journalism update A journalist whose job duties satisfy the primary duties test is now consid- ered an exempt creative professional. Their primary duty must be conducting investigative interviews; analyzing or in- terpreting public events; acting as a nar- rator or commentator; writing editorials, opinion columns or other commentary; or performing on the air in radio, television or other electronic media. Accordingly, the employer does not have to pay them at least minimum wage for every hour worked or overtime for any hours worked over 40 in a workweek. The employer is irrelevant, whether a small-town or ru- ral newspaper, major metropolitan daily newspaper or local broadcast station. On the other hand, their position is not ex- empt if the journalist does not contribute a unique interpretation or analysis to a news product and only collects, organizes and records routine or already public in- formation. Lynne Haggerman holds a master of science in industrial organizational psychology and is president/owner of Lynne Haggerman & Associates LLC, specializing in management training, retained search, outplacement and human resource consulting. She can be reached at lynne@lynnehaggerman.com. HR SOLUTIONS Lynne Haggerman