Quick Hits - April 21, 2021 - American Society of Employers - ASE Staff

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Quick Hits - April 21, 2021

Update on Michigan quarantine guidelines:  On April 5, 2021, the Michigan Department of Health and Human Services (MDHHS) reinstated the standard 14-day quarantine for close contacts of COVID-19 cases. This mandatory 14-day quarantine standard eliminates (for now) the 10-day quarantine option for close contacts with COVID-19 cases previously announced on December 4, 2020. The announced reason for the change is the increasing COVID-19 rates and variant spreads throughout Michigan. The current 14-day quarantine requirement applies to “close contacts” which are currently defined as being anyone within approximately six feet (two meters) of a COVID-19 case for 15 minutes, including brief encounters in a 24-hour period totaling 15 minutes or more; or having direct contact with infectious secretions of a COVID-19 case. The MDHHS quarantine requirement has certain exemptions but otherwise requires individuals meeting the definition of "close contact" to quarantine and monitor themselves for symptoms for 14 days. If the person shows symptoms within 14 days following exposure they should immediately isolate and get tested.  The 14-day quarantine exception only applies to individuals not experiencing COVID-19 symptoms and who have been fully vaccinated. See MDHHS Return to Work & Health Monitoring for Health Care Employees issued on February 19, 2021.  Source:  State of Michigan

Working from home makes employees happy:  A majority of U.S. workers' job satisfaction is back to pre-pandemic levels, according to a new survey from Hibob. The study found that job satisfaction is back up to pre-pandemic levels as people have adjusted to the benefits of working from home. Prior to the pandemic, 77% of individual contributors and 74% of middle managers worked at an office five days a week.  However, only 54% of senior managers worked at the office five days a week.  When surveyed about overall job satisfaction, 62% of individual contributors, 66% of middle managers, and 79% of senior managers answered they were presently highly satisfied with their jobs. Similarly, pre-pandemic, 68% of individual contributors, 68% of middle managers, and 80% of senior managers reported being highly satisfied with their jobs. Only 10% of employees surveyed want to return to the office full-time, showing that flexibility to work from anywhere is key.   73% of managers said two or three days in the office and the rest working from home would be the preferred hybrid work model, while 54% of individual contributors preferred either a flexible 2-3 days a week or an "at-will" hybrid model.   Source:  Hibob

Survey says majority will work from home through 2021:  For the remainder of 2021, 83% of companies will continue to allow people to work from home due to the COVID-19 pandemic, according to recent research from the National Alliance of Healthcare Purchaser Coalitions. The study found that 76% have expanded virtual meeting capabilities; 60% offer flexibility to cover employee home demands; and about two-thirds will continue to restrain business travel.  Over half of employers anticipate a more stabilized business environment (25% by the second quarter and 27% by the third quarter) with education and health care industries indicating a faster return than most, and finance and public administration sectors estimating longer time to return to normal operations.  Source: National Alliance of Healthcare Purchasers 3/31/21

Pandemic leads to job creation but also more retirements:  More than 3.1 million Americans age 55 or older plan to apply for Social Security benefits earlier than they once thought because of the pandemic, according to the Census Bureau.  That’s offset by 1.4 million people in the same age group who anticipate working longer due to the impact of COVID-19, according to the bureau’s latest Household Pulse survey conducted between March 3-15.  The upshot is a net 1.7 million early retirements, which will likely mean more positions opening up for younger Americans. Older workers -- the so-called “baby boomers‘’ born in the two decades after World War II -- have accounted for essentially all of the more than 17 million jobs created in the U.S. since 2000. The Census survey also found that White Americans, who typically have a larger amount of accumulated wealth, were more likely to be planning to bring forward their retirement because of the pandemic.  Source: Bloomberg 4/5/21

Bipartisan bill introduced to eliminate sub minimum wage for individuals with disabilities: Under Section 14(c) of the Fair Labor Standards Act employers can apply for special certificates from the U.S. Department of Labor to pay individuals with disabilities less than the federal minimum wage. There is no minimum floor for the hourly wage that an employer can pay an individual with a disability under these certificates.  According to a Fact Sheet the Committee on Education & Labor published along with Representative Scott’s bill, New Hampshire, Maryland, Alaska, and Oregon all have eliminated the use of 14(c) by statute; additionally, Maine, Wyoming, and Vermont have no active 14(c) certificates. Also, several major cities, including Seattle, Reno, Chicago, and Denver have stopped allowing 14(c) certificates.  The Bill includes a 5-year phase-out for Section 14(c) certificate holders and competitive grant programs to help states transition their business models to support individuals with disabilities in competitive, integrated employment.  Source: DirectEmployers 4/12/21

Coordinating leaves between Workers Comp and FMLA: The U.S. Eleventh Circuit Court of Appeals revived a housekeeper's claims on April 6 that her former employer never advised her of her right under the Family Medical Leave Act to take time off to recover from an injury, ruling that the company could not use its workers' compensation benefits as a shield against FMLA liability. Hospital Housekeeping tried to get out of FMLA liability by pointing to its compliance with its workers' compensation obligations, but that is not enough, the appeals court said.   "The FMLA does not set up a clash of Titans between itself and workers' compensation," the Eleventh Circuit said. "So, providing workers' compensation benefits cannot absolve an employer of all obligations under the FMLA."  The takeaway is that for employers and employees covered by FMLA, FSLA, and Workers’ Comp, leaves should be timed to run concurrently.  Employers need to give notice to eligible employees of their rights under FMLA.  ASE’s next FMLA course will be held in Livonia on May 13, 2021.  Click here to learn more.  Source:  Ramji v. Hospital Housekeeping Systems LLC

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