New York News & Analysis

  • Some ideas for performance evaluations as the pandemic continues

    From: New York Employment Law Letter | 11/01/2021
    by Tammy Binford

    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.

  • Staffing up during the pandemic: a few tips

    From: New York Employment Law Letter | 11/01/2021
    by Tammy Binford

    Many employers were optimistic earlier in the year when the COVID-19 vaccination program ramped up in a big way and case counts seemed to be on the decline. Restrictions were eased, and light seemed to appear at the end of the tunnel.

  • U.S. firm's health insurance surcharge for unvaccinated draws interest in Canada, too

    From: New York Employment Law Letter | 11/01/2021

    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.

  • Cutting-Edge HR

    From: New York Employment Law Letter | 11/01/2021

    Survey highlights employer worries about exodus of talent. A survey from outplacement firm Challenger Gray & Christmas Inc. shows 68% of companies are worried about an exodus of workers. Why? The researchers say 75% of companies reported workers wanting more flexibility and 59% cited worker burnout. Women are pushing back more than any other group, according to Challengers report. Over 81% of companies reported facing pushback to the return to the office, primarily coming from mothers and women. The survey reported 29% of employers cited childcare as an issue fueling workers desire to leave their jobs. Another 9% cited mental health concerns. Survey participants also were asked if they were offering new incentives to keep talent. Sixty-three percent said they were. Incentives offered include flexible work hours, remote work options, hybrid work arrangements, higher pay, and cash bonuses.

  • Federal Watch

    From: New York Employment Law Letter | 11/01/2021

    NLRB General Counsel announces priorities. Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB), in August announced her offices priorities, including an examination of cases and subject matter areas in which, in the last several years, the Board overruled precedent. In the Mandatory Submissions to Advice Memorandum, Abruzzo listed 11 NLRB case areas that she identifies as doctrinal shifts away from previous Board precedent. Those cases involve employer handbook rules, confidentiality provisions in separation agreements, defining the scope of protected concerted activity, union access, and jurisdiction over religious institutions. Other subject areas she would like to examine include cases involving Weingarten rights, employee status, mutual aid or protection, and employer duty to recognize and bargain.

  • HR Technology

    From: New York Employment Law Letter | 11/01/2021

    CEO survey shows technology a priority. A new survey of CEOs from Fortune and Deloitte shows more than half of CEOs say innovation/new products or application of technology will be key to business success over the next year. The survey also shows more than 80% of CEOs intend to increase spending on technology modernization over the next 12 months, and nearly three-quarters say they are undergoing or preparing for digital and workforce/talent transformation. An announcement from Deloitte says the research shows CEOs plan to divert more money to areas they deem crucial to their business success. The survey shows 74% of the CEOs surveyed said their organizations were undergoing or preparing for digital transformation. The survey also shows four out of five CEOs expect their organizations to increase the level of spending on technology modernization, and more than two-thirds plan to increase spending on artificial intelligence (AI).

  • Both friends and foes of unions stepping up their efforts

    From: New York Employment Law Letter | 10/01/2021
    by Tammy Binford

    The union movement has seen declining numbers for decades, but with a staunchly prounion advocate in the White House, union supporters are hoping to soon see progress for their cause. But union foes are hoping to thwart efforts aimed at easing the way for unionization.

  • It's time to think about the holidays: To party or not to party?

    From: New York Employment Law Letter | 10/01/2021
    by Tammy Binford

    As fall settles in, it's time to think about the upcoming holiday season. But the continuing pandemic makes it hard to plan. Will it be safe to party in person this year? Is it OK for vaccinated coworkers to gather for food, drink, and other merriment? Perhaps an alternative activity such as the Zoom parties some organizations threw last year are more appropriate. Or maybe a nice gift basket delivered to employees' homes would be a better option.

  • New NLRB General Counsel identifies possible changes

    From: New York Employment Law Letter | 10/01/2021

    Those of you who have watched the National Labor Relations Board (NLRB)—the nation's primary enforcer of labor law—over the years no doubt expect it to reshuffle its priorities when the White House changes parties. The Board swore in Jennifer Abruzzo as its new general counsel (GC) on July 22, 2021, and three weeks later, she released an internal memorandum blueprint for changes to the law she would like to see the agency implement.

  • Cutting-Edge HR

    From: New York Employment Law Letter | 10/01/2021

    Survey finds enhancing employee experience a priority. More than nine in 10 employers (94%) say enhancing the employee experience will be an important priority at their organization over the next three years. That compares with just 54% that indicated it was important to their organization before the pandemic, according to a survey from advisory firm Willis Towers Watson. The 2021 Employee Experience Survey also shows that adapting to the new reality of work will take time and require a hybrid work model, and many employers are not ready to meet that challenge. The survey also shows most respondents believe a positive employee experience is a key driver of engagement, employee well-being, productivity, and ability to attract and retain talent. The survey also shows that while employers expect the proportion of their employees working primarily remotely will drop in three years, they expect one in four will be working a mix of on-site and remotely in three years, triple the current number.