New Jersey News & Analysis

The nature of the COVID-19 pandemic continues to change, with the so-called fourth wave straining healthcare systems in many communities. Recognizing the changing nature of the pandemic, Virginia's Department of Labor and Industry (DOLI) has imposed new COVID-19 workplace requirements that affect all employers within the Commonwealth. Building on its existing standard for infectious disease prevention, first put into action in January 2021, the Virginia Safety and Health Codes Board issued amendments to the standard, which Governor Ralph Northam approved and which became effective in September 2021.

Since the 1980s, Virginia has prohibited employment discrimination against disabled workers under the Virginians with Disabilities Act (VDA). Accordingly, it's understandable many Virginia employers may have overlooked critical amendments to the Virginia Human Rights Act (VHRA) enacted this year by the Virginia Assembly and signed into law by Governor Ralph Northam. The amendments, which took effect on July 1, give additional legal protections to persons with disabilities and provide additional remedies to those who have been discriminated against.

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.