Open Discussion Forum

  • 1.  Organizatonal LEGAL & HR RESOURCES re: Covid-19, Vaccines & WAY more

    Posted 08-16-2021 07:43 PM
    I'm sharing 2 resources for organizations in order to help orgs create great workplaces that comply with laws and regulations. Many of their resources are free to the public (spend 2 minutes on each link to get a sense of how many resources are available when you need them). 

    1) I trust information from the large international firm LIttler Mendelson Law. https://www.littler.com/news-analysis
    I'm also sharing their latest weekly post below (with articles also on their website at the link above) as an example. You can use the link above to review hundreds of articles they've created over time, with several coming out weekly. 

    2) Also sharing SHRM information. SHRM is the largest HR organization in the world and advises organizations on how to be compliant with laws and regulations and how to create great workplaces. Their membership is less than $300/year and membership gives access to many hundreds of free resources, forms, articles. In addition it includes 15 consultations on HR questions a year. Imagine the savings over calling a lawyer. This is one of the important free resources pages on their website   https://shrm.org/ResourcesAndTools/Pages/HR-Featured-Topics.aspx  

    I highly recommend both resources for any size organization as they've helped me a lot over the years. They can help orgs deal with questions on Covid, masks, vaccines, overtime, classification, company culture, hiring, separations, and many many more. NEITHER WILL GIVE FREE LEGAL ADVICE. Yet, their general information can be very helpful on so many HR related issues. I have no vested interest in either organization and I have no financial relationship with either one. I'm just passing along to folks who are responsible in their organizations to offer resources and support. Feel free to connect with me with any questions. 


    News and Analysis Report

    August 9 - 13, 2021

    Littler's Weekly News and Analysis Report provides timely updates on developments related to labor and employment law. To explore more of Littler's publications, please visit theNews & Analysis section on Littler.com.

    ASAPs

    New "Roadmap Exit Step" Added to Step 3 of Ontario, Canada's Reopening Plan

    On July 30, 21, Ontario filed O. Reg. 541/21 (Regulation), which adds a new "Roadmap Exit Step" to the Rules for Areas at Step 3 of its Roadmap to Reopen. It is important to note that Ontario currently remains at Step 3 and is not at the Roadmap Exit Step at this time. Learn More

    Connecticut Mandates Vaccination for Employees and Individuals Providing Direct Access Services to Patients or Residents of Long-term Care Facilities

    On August 6, 2021, Governor Lamont issued Executive Order No. 13B mandating vaccination of all employees working at long-term care (LTC) facilities throughout Connecticut. The order also covers all contracted service providers and volunteers that have direct physical access to patients or residents. The order is effective immediately and remains in effect through September 30, 2021 unless earlier modified or terminated. Learn More

    Puerto Rico Government Issues New Vaccination Requirements for Additional Business Sectors

    Given the recent increase in COVID-19 positivity rates in Puerto Rico, on Thursday, August 5, 2021, Governor Pedro Pierluisi issued Executive Order No. 2020-062, adopting new vaccination measures for different sectors. This new executive order will take effect on August 16, 2021, and will continue until the Emergency Declaration for COVID-19 has ended. Learn More

    Florida Ban on Requiring Vaccine Passports Banned (For Now)

    Florida employers can require employees to obtain COVID-19 vaccinations, submit records of such vaccination, and implement other safety measures for their workplaces notwithstanding national publicity suggesting that recent Florida rules, orders, and laws prohibit or discourage these public health measures. As the pandemic worsens it is important for employers to understand both the specific terms and the limits of Florida's enactments. Learn More

    The District of Columbia Mandates Vaccines for D.C. Employees, Interns, Contractors, and Grantees

    On August 10, 2021, District of Columbia Mayor Muriel Bowser issued Mayor's Order 2021-099 requiring all D.C. employees and interns to certify that they have been vaccinated by September 19, 2021. The Order further mandates that all D.C. contractors and grantees ensure that their "employees, agents, and subcontractors" are vaccinated. Learn More

    Texas: Mask On, Mask Off, Mask On…

    In an apparent rebuttal to Governor Abbott's July 29, 2021, Executive Order (GA-38) prohibiting mask mandates, Dallas County Judge Clay Jenkins issued his own Order on August 11, 2021 requiring all public schools, child care centers, commercial entities that provide goods or services directly to consumers and Dallas County buildings to require masks regardless of vaccination status. Learn More

    Illinois Makes Discrimination and Immigration Practices Based on Work Authorization Status a Civil Rights Violation

    Illinois House Bill 0121 adds a provision to the Illinois Human Rights Act (IHRA) making it a civil rights violation to discriminate against employees and job applicants based on their "work authorization status." Learn More

    Oregon Reinstates Mask Mandate

    Effective August 13, Oregon Governor Kate Brown implemented a statewide mask mandate for all children and adults ages 5 and older in all indoor public spaces regardless of vaccination status. Learn More

    Insights

    Mandatory Employee Vaccines – Coming to A State Near You?

    While available vaccines have proven highly effective in controlling COVID-19 and its variants to date, the virus continues to spread - particularly among unvaccinated populations. In the face of flagging interest, officials across the U.S. have tried different approaches to increase vaccination rates. For example, officials launched incentive programs, stressed personal responsibility, deployed mobile vaccination units, and coordinated with corporate and community partners to encourage and effectuate vaccine uptake.

    But having exhausted these avenues, and with the rise of more contagious COVID-19 variants, some officials are going a step further. In recent weeks, several states and municipalities have announced that, in essence, they are requiring certain categories of workers to be vaccinated. Generally, under these types of mandates, workers who decline vaccination must comply with measures that do not apply to their vaccinated counterparts, such as weekly COVID-19 testing and/or mask wearing. Depending on the jurisdiction and the sector involved, however, unvaccinated workers might not have such alternatives. Learn More

    Mandatory Vaccines or Mandatory Testing? A "Soft Approach"

    In its recently amended Technical Assistance Guidance (What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws), the Equal Employment Opportunity Commission made clear that an employer may require COVID-19 vaccines for employees and exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace, because their presence would pose a direct threat to the health or safety of others. Many employers may want to avoid drawing a red line between vaccinated and non-vaccinated employees by adopting a "soft" approach-requiring that employees either provide proof of vaccination or periodic proof of a negative COVID test, instead of imposing mandatory vaccines. Learn More

    California and Washington Issue Vaccine Mandates - Frontrunners in What Appears to Be a Growing Trend

    On July 26, 2021, California Governor Gavin Newsom announced that his state will require all state employees and healthcare workers to provide proof of vaccination or be subject to regular COVID-19 testing. On August 5, 2021, the California Department of Public Health issued a public health order implementing the governor's prior proclamation as it relates to healthcare workers in the state. This first-in-the-nation set of orders has since been followed by several state and local health officials, including Washington Governor Jay Inslee, who on August 9, 2021 announced his state's mandate (Proclamation 21-14), which looks similar to California's. Unlike California, however, Washington will not permit regular testing in lieu of vaccination; covered workers who cannot prove they are fully vaccinated by October 18, 2021, will be subject to non-disciplinary dismissal. Learn More



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    Scott Mesh, PhD, CEO
    Los Niños Services (NYC) www.losninos.com
    Young Child Expo & Conference www.youngchildexpo.com
    scott.mesh@losninos.com
    https://www.linkedin.com/in/scottmeshnyc/
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  • 2.  RE: Organizatonal LEGAL & HR RESOURCES re: Covid-19, Vaccines & WAY more

    Posted 08-23-2021 02:55 PM
    Heres a company survey on Covid vaccine requirements of 1600 lawyers, HR people and executives from Littler. It doesn't have industries so I don't know how applicable to early childhood centers but at least it's some data.  

    Some key findings: 
    1. While most employers surveyed are encouraging, rather than requiring, vaccination, there was a notably greater openness to mandates compared with our survey conducted in January. Since then, the percentage of employers currently mandating vaccines or planning to in some form has more than doubled, from less than 10% to 21%.
    2. In addition, 46% of respondents are more strongly considering a vaccine mandate in light of the recent rise in COVID-19 cases, including the spread of the delta variant. Only 22% say they have firmly decided not to institute a mandate.
    3. Employers' top two concerns about mandating vaccination are the same as they were in January: Resistance from employees who are not in a protected category but refuse to be vaccinated (75%) and the impact on company culture/employee morale (68%). In addition, 60% now fear the possible loss of staff and difficulty operating.
    4. 40% of all respondents (and 50% of those with over 10,000 employees) have delayed plans to return more employees to in-person work. Many are requiring that face masks be worn in the workplace (except in private offices), either for all individuals (54%) or just for those who are unvaccinated (42%).
    The COMPLETE REPORT
    https://www.littler.com/files/littler_august_2021_vaccine_employer_survey_report.pdf

    Their press briefing on the report: 
     https://www.littler.com/publication-press/press/littler-survey-employers-increasingly-consider-vaccine-mandates-covid-19?utm_source=vuture&utm_medium=email&utm_campaign=littler%e2%80%99s%20covid-19%20flash%20survey%20report

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    Scott Mesh, PhD, CEO
    Los Niños Services (NYC) www.losninos.com
    Young Child Expo & Conference www.youngchildexpo.com
    scott.mesh@losninos.com
    https://www.linkedin.com/in/scottmeshnyc/
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