Massachusetts News & Analysis

The Occupational Safety and Health Administration (OSHA) recently updated its guidance on mitigating and preventing the spread of COVID-19 in the workplace because of the high incidence of the delta variant infections occurring throughout the country. The agency's updated guidance is advisory in nature and informational in content and is "intended to assist employers in providing a safe and healthful workplace free from recognized hazards that are causing or likely to cause death or serious physical harm." OSHA's updated guidance is primarily aimed at non-healthcare employees, whose workplaces are subject to its mandatory COVID-19 Emergency Temporary Standard. The updated guidance also incorporates additional safety measures for higher risk workplaces.

The COVID-19 pandemic continues to disrupt many facets of employment, including how managers and employees communicate about performance. Like last year, employers are struggling to decide how to assess employee performance when so much of the workforce is nowhere near back to normal. The "annual review" process was under attack in many circles before the pandemic struck, but its shortcomings are now even more evident. What should employers do? Here are a few ideas.

Employers have been trying to encourage employees to get vaccinated against COVID-19. Some paid bonuses. Others provided gift cards. What happens when rewards aren't enough? A U.S. employer recently announced a different approach: All unvaccinated employees enrolled in the company's healthcare plan will have to pay a $200 monthly surcharge starting on November 1, 2021. In support for the surcharge, the employer noted all of its employees who were hospitalized with the virus weren't fully vaccinated. Their average hospital stay costs the company $50,000 per person.

The COVID-19 pandemic foisted paid leave into the public conversation. Federal programs such as the Families First Coronavirus Response Act (FFCRA) mandated periods of paid leave (short and long) for qualifying employees and offset the employer's expense with a payroll tax credit. Ever since the FFCRA expired in December 2020, many states have debated enacting permanent, obligatory paid leave programs. In an attempt to balance the benefits of paid leave programs with New Hampshire's more laissez-faire policy instincts, the state has adopted a first-in-the-nation voluntary paid leave program for companies and individuals alike.