OKLAHOMA CITY — The beginning of 2021 was filled with hope that everything would start getting better and return to “normal.” But, instead, 2021 has been full of starts and stop.
Crowe & Dunlevy labor and employment attorney Evan Way has compiled the top five legal issues affecting employers, what they mean for the future and what businesses can learn from the last 12 months, the company said in a news release.
Those issues are:
• COVID-19. The Sixth Circuit Court of Appeals recently reversed the Fifth Circuit’s stay on the Occupational Safety and Health Administration’s emergency temporary rule requiring private employers with more than 100 employees to be vaccinated or submit to weekly testing. Covered employers must now comply with the rule by Jan. 10, 2022, but OSHA will not issue citations for noncompliance before Feb. 9, so long as an employer is exercising reasonable, good-faith efforts to come into compliance with the standard.
The requirement for all federal contractors to be vaccinated has been stayed, and the Centers for Medicare and Medicaid Services rule requiring all health care workers to be vaccinated is also stayed.
If your company fits into one of the categories in legal limbo, have a contingency plan to implement the mandate(s) if any ever fully pass legal muster.
• Great Resignation. Most anyone who goes to a restaurant that has reopened will tell you the quality of service has decreased. There are labor shortages across the service industry, leading to longer lines, increased wait times and, generally, a decrease in service.
But some sectors of the job market have grown during the Great Resignation, which suggests that workers are leaving lower-wage jobs for higher-paying jobs, not that workers are leaving the workforce altogether.
We’ll see what the autopsy from social scientists and economists reveals as the legacy of the Great Resignation. For now, employers need to at the very least be more competitive and transparent on pay and benefits to attract workers.
• Minimum wage. The congressional push to increase the federal minimum wage has stalled. But that didn’t stop tribal, state, and local governments from increasing their minimum wages.
The current federal minimum wage is $7.25 per hour. Some proponents for increasing the minimum wage advocate for $15 per hour, while others believe this would result in fewer jobs and higher consumer prices and be a death knell for mom-and-pop stores.
The ultimate outcome remains unclear, but the hourly rate to attract workers will almost certainly increase. Employers can prepare for wage increases now by considering offering higher wages and consolidating positions, increasing consumer prices and taking actions that reduce overhead.
• Remote work. Remote work is here to stay. Workers now expect flexibility to complete their work tasks.
The workforce is now more mobile than ever and it’s an opportunity for employers to attract workers by offering remote-work options, which may be a partial substitute for higher wages.
• Social responsibility. Finally, there has been a push for employers to be more socially responsible. Businesses need to be more cognizant of where their materials are sourced, their environmental impact, and a litany of other issues.
To grapple with these changes, employers should review and update their policies on diversity, inclusion, and equality; social media; and off-duty conduct.