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COVID-19: News and Updates |
| Special #11 - April 3, 2020 |
| | UPDATES
Update Governor Brian Kemp Announces Shelter-in-Place Order for GeorgiaUpdate Georgia Department of Labor Expanded Rules & Regulations Overview Virtual Conference Call featuring Georgia Department of Labor Commissioner Mark Butler
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| Articles Today
1. LEGAL BULLETIN - Don’t Forget About the Affordable Care Act! An important reminder when determining health plan eligibility after a reduction of hours or during a leave of absenceConstangy, Smith, Brooks & Prophete, LLP
April 2, 2020
2. LEGAL BULLETIN- DOL issues regulations interpreting expanded FMLA and paid sick leave laws Constangy, Smith, Brooks & Prophete, LLP
April 2, 2020
3. CISA RELEASES GUIDANCE ON ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 Release Date: March 19, 2020
4. Georgia Department of Labor Press Release - Processed Unemployment Claims At Highest Ever
5. Georgia Department of Public Health COVID-19 Daily Status Report
6. HRDIVE News - Interact intentionally: How HR can encourage effective online meetings
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LEGAL BULLETIN Constangy, Smith, Brooks & Prophete, LLP April 2, 2020
Don’t Forget About the Affordable Care Act! An important reminder when determining health plan eligibility after a reduction of hours or during a leave of absence
By Deborah Hembree and Dana Thrasher
Birmingham Office
Employers considering reducing employee work hours or placing employees on unpaid leaves of absence must follow the requirements of the Affordable Care Act when determining whether an employee is full time for the purposes of health care coverage. If an employer is using a look-back measurement method to determine full-time status, then a reduction in hours or leave of absence may not cause employees to lose health care coverage immediately. Instead, employers may be required to continue coverage for those employees for some time.
As we previously reported, the decision of whether to reduce employee hours, place employees on leave, or even terminate employees requires a thorough analysis from a benefits perspective. However, employers can easily overlook the requirements of the ACA during this evaluation. Health plans typically require employees to be regularly scheduled to work 30 or more hours per week to be eligible for benefits. To help employers determine whether an employee is full time, the ACA requires that employers establish a method for measuring hours of service. Employers may choose a monthly measurement period (basically, determining full-time status on a monthly basis) or a look-back method.
Under the look-back measurement method, the employer chooses a period of three to twelve months (called a “measurement period”) over which the employee’s hours are averaged to determine their full-time status. If the employee works 30 hours or more per week on average during the measurement period, then the employee is treated as a full-time employee for the purposes of health care coverage during the following “stability period,” even if the employee’s hours fluctuate during that time. The stability period is generally the same length of time as the measurement period.
Often, however, the ACA requirements are not explicitly incorporated into the terms of the plan document, and that is why employers need to know whether they have administratively adopted the look-back method of testing eligibility. When a health plan provides that an employee must be full time to be covered, employers cannot always assume that a reduction in hours or a leave of absence will immediately result in loss of full-time status under their plan, and, as a result, a loss in coverage. These special ACA rules may require coverage even when an employee is on leave or working reduced hours. Consequently, in either situation, employees may continue to be covered under a health plan because the plan specifically allows coverage in these situations, or because the employees are still considered to be full-time employees under the ACA rules. Of course, there are numerous special rules and exceptions that may apply to this ACA analysis, and employers should consult with their benefits counsel to determine their obligations.
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LEGAL BULLETIN Constangy, Smith, Brooks & Prophete, LLP April 2, 2020
DOL issues regulations interpreting expanded FMLA and paid sick leave laws
By Robin Shea
Winston-Salem Office
Yesterday the U.S. Department of Labor issued a temporary rule interpreting the expanded FMLA and paid sick leave provisions of the Families First Coronavirus Response Act. The DOL intends for the rule to be effective until December 31, when the FFCRA leave laws will expire.
Employers will welcome some of the DOL’s interpretations and will dislike others.
The following is a fairly detailed summary of the rule’s provisions, but it is still only a summary:
Noteworthy definitions
“Public Health Emergency,” as defined in the temporary rule, is “an emergency with respect to COVID-19 declared by a Federal, State, or local authority.”
“School” is an elementary or secondary school through Grade 12. It encompasses non-profit and institutional day or residential schools.
“Son or daughter” includes biological, adopted, foster children, stepchildren, legal wards, and children of persons standing in loco parentis, under the age of 18. It also includes adults who have a disability and are incapable of self-care because of the disability.
“Subject to a Quarantine or Isolation Order.” As noted above, this specifically includes shelter-in-place or stay-at-home orders from governmental authorities, if the orders prevent the employee from being able to work even though the employer has work that is available.
Qualifying reason for leave
Leave under the Emergency Paid Sick Leave Act is available to eligible employees in the following circumstances:
- The employee is under a federal, state, or local quarantine or isolation order because of COVID-19,
- The employee is advised by a health care provider to self-quarantine because of COVID-19,
- The employee has symptoms of COVID-19 and is seeking a medical diagnosis,
- The employee is caring for an individual who meets one of the first two conditions, above,
- The employee is caring for a son or daughter whose school or “place of care” is closed because of COVID-19 precautions, or whose care provider is unavailable for the same reason (I will refer to this as “Reason No. 5”), or
- “The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.”
Leave under the Emergency Family and Medical Leave Expansion Act is available to eligible employees for Reason No. 5 only. However, it is possible that coronavirus or a medical condition that makes one vulnerable to coronavirus might qualify as a “serious health condition” under the traditional Family and Medical Leave Act.
“Eligible employee”
There were no major surprises in this section. To qualify for leave under the Emergency Family and Medical Leave Expansion Act, the employee must have been working for the employer for at least 30 calendar days. An employee will meet this requirement if (1) he or she was hired 30 calendar days before the leave would begin, or (2) he or she was laid off or terminated on or after March 1, 2020, and rehired “or otherwise reemployed” before December 31, 2020, if he or she was on the payroll for at least 30 of the 60 days before the layoff or termination.
If the employee worked for the employer through a temporary agency before being hired by the employer, the time worked for the temporary agency will count toward the 30 days.
There is no minimum period of employment for those seeking leave under the Paid Sick Leave Act.
Employers can exclude “health care providers” and “emergency responders.” These definitions are extremely broad, as we have previously reported in connection with the FAQs.
“Covered employer”
A covered employer is one with fewer than 500 employees in the 50 states or the District of Columbia, or in U.S. territories or possessions. In determining coverage, employers should count all full-time and part-time employees, employees on leave, employees of temporary agencies who are jointly employed by the agency and the employer, day laborers supplied by a temporary agency (regardless of who is their “employer”). If two or more entities are joint employers within the meaning of the Fair Labor Standards Act or an “integrated employer” within the meaning of the FMLA, then the employees of all entities will be counted together. Independent contractors do not count; nor do employees on layoff or furlough who have not returned to work.
Employer coverage is measured as of the time that an employee requests leave. Thus, an employer whose workforce hovers near 500 employees could grant or deny requests for leave based on the number of employees it had at the time of the employee’s request. For example, Employee A might request leave in April, when the employer had 498 employees. The employer would be “covered” and would have to grant the request, assuming the employee was eligible and had a qualifying reason. Then, Employee B -- who requested leave in August, after the employer added to its workforce, putting it over 500 -- could be denied a request for leave. This is no oversight on the DOL’s part: the rule provides an example in which this is the result.
Employers with fewer than 50 employees can be exempt from the requirement to provide expanded FMLA leave, or paid leave due to a closing (Reason No. 5), if an authorized officer of the company determines that (1) the leave would cause the company’s expenses and financial obligations “to exceed available business revenues and cause the small business to cease operating at a minimal capacity”; (2) the absence of the employee requesting leave would put the company’s operational or financial health at risk because of the employee’s “specialized skills, knowledge of the business, or responsibilities”; or (3) there are not enough employees with the requisite skills who are available to perform the work that the employee performs and that the employee’s “labor or services are needed for the small business to operate at a minimal capacity.” The authorized official of the company must document the determination and should retain it, but should not send it to the DOL.
State and local “public agencies” are covered, regardless of the number of employees they have. Special rules apply to some federal agencies.
Calculating leave time available
Full-time employees receive up to 80 hours of paid sick leave. An employee is full-time if he or she normally works 40 hours a week or more. If the employee’s schedule is irregular, the employer can average the employee’s scheduled work hours and leave hours over a six-month period, or for the employee’s entire period of employment, whichever is less.
Part-time employees’ entitlement is pro-rated based on the number of hours that the employee is normally scheduled to work over two workweeks. A part-time employee normally works less than 40 hours a week.
If the employee’s part-time hours are irregular, the employer should calculate the number of hours the employee was scheduled to work on each calendar day before the employee’s leave would begin, including leave hours, take the average of that figure, and multiply the average by 14 to arrive at the amount of leave entitlement.
If the part-time employee has not worked for the employer for six months, the employer should determine the number of hours agreed upon by employer and employee at the time of hire, on average, each calendar day, multiplied by 14. If there was no agreement at the time of hire, then the employer would calculate the number of hours the employee actually worked since being hired, take the daily average, and multiply it by 14.
Amount of pay
Generally, the amount of pay under the Paid Sick Leave law is based on the higher of the employee’s regular rate, the federal minimum wage, or the applicable state or local minimum wage. The entitlement is 100 percent if the leave is for the employee’s own situation (Reasons No. 1, 2, or 3, above). This leave is capped at $511 a day or $5,110 in the aggregate.
If the leave is for care of an individual (Reason No. 4), or for a closing (Reason No. 5), then the entitlement is two-thirds. This leave is capped at $200 a day or $2,000 in the aggregate.
For leave taken under the expanded FMLA, which is available only for Reason No. 5, the first two weeks of leave are unpaid. However, the employee can use his or her paid sick leave at the two-thirds rate to cover this time. After the first two weeks, the employee is entitled to paid leave at the rate of two-thirds of the employee’s average regular rate multiplied by the scheduled number of hours for each day of leave taken. If the employee chooses or is required by the employer to use paid leave under the employer’s policies, the employer must pay the employee a full day’s pay subject to the cap of $200 a day or $10,000 in the aggregate.
Intermittent leave
If the leave is for Reason No. 5, or if the employee is working remotely, the employer and employee can (but are not required to) agree on an intermittent schedule and on which increments of time will be considered “work” and “leave.” Such an intermittent schedule will not run afoul of the “continuous workday rule” (very generally, under the FLSA, an employee is entitled to compensation from the first principal activity of the work day until the last), and it will not defeat the salary basis requirement for FLSA-exempt status.
However, if the employee must work onsite and is taking paid leave for any reason other than Reason No. 5, then the employee must take all of the leave until it is no longer needed. The rationale is to avoid having employees who are exposed to coronavirus coming into the workplace and exposing others. If the employee doesn’t use all of his or her leave allotment, the rest may be taken for a qualifying reason anytime before the end of 2020. The continuous workday rule will apply to onsite work.
“Reason No. 5”
Reason No. 5 is the only reason that qualifies under both the expanded FMLA and the Paid Sick Leave Act. If the employee is eligible under both provisions, the employee would receive paid sick leave at the two-thirds rate for the first two weeks (up to 80 hours), and then paid FMLA leave at the two-thirds rate for the remaining leave, up to the 12-week maximum. If the employee has no FMLA time available, he or she is still entitled to take two weeks of paid sick leave.
If the employee has FMLA time but no paid sick leave available, he or she can substitute other accrued paid leave that is offered by the employer. If the employee chooses not to substitute, then he or she would remain entitled to whatever accrued paid leave was in the “bank.”
Expanded FMLA leave counts against the employee’s 12-week-per-12-month period entitlement for all types of FMLA leave. However, paid sick leave does not.
For purposes of leave for Reason No. 5, “son or daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child in relation to whom the employee is in loco parentis, who is under the age of 18. However, as noted above, it also includes adults if they (1) have a disability, and (2) are incapable of self-care because of a disability.
Employer notice
Employers must post the DOL notice -- or a notice containing the same information -- “in conspicuous places.” The notice can be mailed or emailed to employees, and it can be posted on the employer’s website or intranet. A Spanish-language version is available, but employers are not required to post in any language other than English.
Employers are not required to provide “FMLA notices” (for example, leave designation notices) when an employee requests expanded FMLA leave or paid sick leave.
Employee notice
After the first day of leave, the employer may require employees to follow its reasonable notice procedures, except that in the case of foreseeable leave because of Reason No. 5, the employee can be required to provide as much notice as practicable. In either case, if the employee fails to provide proper notice, the employer “should” give the employee notice of the failure and an opportunity to provide appropriate documentation before denying the request for leave.
The rule specifies that employers may not require advance notice of leave. If the employee is unable to provide notice to the employer, “it will be reasonable for the notice to be given by the Employee’s spokesperson (e.g., spouse, adult family member, or other responsible party) . . ..”
Documentation
The rule specifies the documentation that employees must provide to employers when requesting leave and says that employers may not ask for more than what is specified.
The employee must provide his or her name, the date(s) for which the leave is requested, the reason for the leave, and either an oral or written statement that the employee is unable to work because of the qualifying reason. In addition, the employee must provide
- If the leave is for a government-issued quarantine or isolation order, the name of the issuing entity.
- If the leave is requested because of a recommended quarantine by a health care provider, the name of the health care provider making that recommendation.
- If the leave is for Reason No. 5, the name of the son or daughter; the name of the school, place of care, or child care provider; and “a representation that no other suitable person will be caring for the Son or Daughter during the period for which the Employee takes Paid Sick Leave or Expanded Family and Medical Leave.”
The employer may also request any information necessary for it to qualify for tax credits. If the employee does not provide this information, the request for leave may be denied.
Continuation of health care coverage
While the employee is on leave, the employer must continue the employee’s group health care coverage on the same basis as if the employee were still working. If the leave is unpaid, the employee must pay his or her share of the premium, but even if he or she does not, the employer must reinstate the coverage when the employee returns to work, with no preconditions. (These are essentially the same rules that apply to FMLA leave.)
Restoration/return to work
Generally, when leave is concluded, the employee has the right to return to his or her old job or to an equivalent one. If the employer conducts a layoff that would have included the employee on leave, the employer can deny restoration. There is also a “key employee” exception to the restoration requirement, like the one in the FMLA. Employers with fewer than 25 employees can deny restoration in the case of an employee who is on leave because of Reason No. 5 if- The position no longer exists “due to economic conditions or other changes in operating conditions of the employer that affect employment and are caused by a Public Health Emergency during the period of leave”;
- The employer makes “reasonable efforts” to return the employee to an equivalent position; and
- The employer makes “reasonable efforts” to contact the employee for one year, in the event that an equivalent position becomes available. “The one-year period begins on the earlier of the date the leave related to a Public Health Emergency concludes or the date twelve weeks after the Eligible Employee’s leave began.”
Recordkeeping
Records must be retained for four years. This includes grants and denials of leave. It also includes all documentation provided by the employee in support of the request for leave. If the employee provided oral statements, the employer is responsible for documenting the reasons and retaining the documentation. In the case of a small business invoking the exemption, the determination by the authorized officer must be retained.
For purposes of the tax credits, the employer must retain the following documentation for four years:
- How the employer determined the amount of leave, including “records of work, Telework and Paid Sick Leave and Expanded Family and Medical Leave;”
- How the employer “determined the amount of qualified health plan expenses that the Employer allocated to wages;”
- Copies of IRS Form 7200s that were submitted to the Internal Revenue Service;
- Copies of IRS Form 941s that the employer submitted to the IRS (or, if the employer used a third party, “records of information provided to the third party payer regarding the Employer’s entitlement to the credit claimed” on the form); and
- Other documents supporting the employer’s claim for tax credits.
Prohibited acts
With respect to the Emergency Paid Sick Leave Act, it is unlawful for an employer to take action against an employee because the employee took paid sick leave or engaged in other legally protected activity. A failure to provide paid sick leave is treated as a violation of the minimum wage provisions of the FLSA.
With respect to the expanded FMLA, interference and retaliation are unlawful, as they are under the FMLA, and the remedies are the same. However, if the employer is too small to be covered by the traditional FMLA (has fewer than 50 employees), then the employee has no private right of action against the employer. Instead, the employee would have to file an administrative complaint with the DOL.
Preemption, other
An employee’s rights under these two leave laws are not diminished by another provision of federal, state, or local law; a collective bargaining agreement; or an employer policy that was in place before April 1, 2020.
Employers may not “deduct” from an employee’s entitlement any leave taken before the effective date of April 1, 2020, even if the leave was for a coronavirus-related reason. They may not require employees to use other paid or unpaid leave before using their paid sick leave. However, an employer can require an employee taking expanded FMLA leave to substitute other paid leaves, such as vacation or PTO. If so, the employer is required to pay 100 percent of the employee’s entitlement for the amount of time taken.
There is no required payout of unused paid sick leave or expanded FMLA after December 31, or when employment terminates.
Finally, if the employee takes leave with its employer, and then goes to work for a different employer before December 31, the employee does not get a new “bank” of leave with the new employer. If the employee exhausted the leave with Employer 1, then he or she is not entitled to take any leave under these laws with Employer 2. If the employee used some, but not all, of his or her leave with Employer 1, then he or she is entitled to only the “balance” with Employer 2.
Miscellaneous
The commentary to the temporary rule provides some additional nuggets that employers will find helpful:
- The employer does not have to pay for hours that a teleworking employee fails to report unless the employer knew or had reason to know that the employee was working.
- If an employee is teleworking, of course he or she is not normally entitled to paid leave. However, if there is a disruption to the work in the remote workplace (the DOL uses the example of a power failure) that prevents the employee from working, the employee is entitled to paid leave for that time.
- Leave because the employee has symptoms of coronavirus and is seeking a medical diagnosis (Reason No. 3) is limited to the time that the employee is unable to work because he or she is affirmatively seeking a medical diagnosis (for example, scheduling an appointment, or calling or visiting the doctor).
- An “individual” for purposes of leave to care for an individual who is under a quarantine or isolation order (Reason No. 4) must be a person with whom the employee has a personal relationship.
- An employee seeking leave for Reason No. 5 must certify that no one else -- including the other parent -- is available to care for the son or daughter.
- The DOL has chosen to use “two weeks” as the period for which pay is unavailable under the expanded FMLA instead of “10 days,” explaining that “10 days” works for full-time employees with regular schedules but may not work for part-time employees or others with irregular schedules.
- If an employer created special leave for COVID-19 reasons before April 1, the effective date of these leave laws, it will receive no credit for any leave granted, but it can revoke the special leave effective April 1.
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CISA RELEASES GUIDANCE ON ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19
Release Date: March 19, 2020
WASHINGTON – Today, the Cybersecurity and Infrastructure Security Agency (CISA) released guidance to help state and local jurisdictions and the private sector identify and manage their essential workforce while responding to COVID-19.
As the Nation comes together to slow the spread of COVID-19, on March 16, the President issued updated Coronavirus Guidance for America. This guidance states that:
“If you work in a critical infrastructure industry, as defined by the Department of Homeland Security, such as healthcare services and pharmaceutical and food supply, you have a special responsibility to maintain your normal work schedule.”
CISA executes the Secretary of Homeland Security’s responsibilities as assigned under the Homeland Security Act of 2002 to provide strategic guidance, promote a national unity of effort, and coordinate the overall Federal effort to ensure the security and resilience of the Nation's critical infrastructure. The list of Essential Critical Infrastructure Workers was developed in coordination with Federal agencies and the private sector as a guide to help decision-makers within communities understand how to ensure continuity of essential functions and critical workforce as they consider COVID-related restrictions in certain communities (e.g., shelter-in-place). The list can also inform critical infrastructure community decision-making to determine the sectors, sub sectors, segments, or critical functions that should continue normal operations, appropriately modified to account for Centers for Disease Control (CDC) workforce and customer protection guidance. These critical functions include, but are not limited to, systems that support healthcare personnel (e.g., doctors, nurses, laboratory personnel, etc.), the food industry (e.g., retail groceries and pharmacies), communication providers (e.g., operator, call centers, IT data centers), defense systems support, law enforcement, public works, and other essential operations. Workers who support these critical functions are necessary to keep critical systems and assets working.
“As the nation comes together to slow the spread of COVID-19, everyone has a role to play in protecting public health and safety. Many of the men and women who work across our nation’s critical infrastructure industries are hard at work keeping the lights on, water flowing from the tap, groceries on the shelves, among other countless essential services,” said Christopher Krebs, CISA Director. “As the nation’s risk advisor, this list is meant to provide additional guidance to state and local partners, as well as industry, building on the President’s statement that critical infrastructure industries have a special responsibility to keep normal operations. We’re providing recommendations for these partners as they carry out their mission to keep their communities safe, healthy, and resilient. And on behalf of CISA, we thank the brave men and women who continue these essential jobs in challenging times.”
The list of Essential Critical Infrastructure Workers was developed using existing data and analysis, including publicly available analysis done by the President’s National Infrastructure Advisory Council in 2007. The list does not impose any mandates on state or local jurisdictions or private companies.
CISA will use this list to support federal, state, local, tribal, and territorial government response to COVID-19. To view the full list of Essential Critical Infrastructure.
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Georgia Department of Labor Press Release
Processed Unemployment Claims At
Highest Ever
Atlanta, GA – As the COVID-19 Public Health Crisis continues to negatively affect Georgia’s businesses, the Georgia Department of Labor (GDOL) today announced that the agency processed 133,820 claims during the week of March 22 through March 28, the highest number of claims it has ever processed in a week. This represents an increase of 1102% over the prior week ending March 21 with 12,140 claims, more claims than were filed during the peak of the 2008-2009 recession. Unemployment claims throughout the United States increased 101% last week to 6.6 million.
“We are seeing the number of claims filed in Georgia skyrocket to levels we have never experienced before,” said Georgia Labor Commissioner Mark Butler. “Our team is working overtime, nights, and weekends to process the tremendous volume – taking time away from their own families to help Georgia’s families.”
With a record number of claims being filed, the GDOL dispersed $14,563,575 in unemployment benefits to 64,022 Georgians for the week ending March 28.
“People are anxious and worried about their health, their families, and how they are going to continue to make it financially during these uncertain times,” said Butler. “We are here to help Georgians get through this economic struggle.”
Many people may be unaware that they could be eligible for assistance. Butler encouraged Georgians to visit the GDOL website at www.dol.georgia.gov to access applications, step-by-step instructions, and video tutorials on applying for unemployment. The commissioner emphasized that with the huge volume of claims the agency is receiving, people need to use the on-line tools where possible.
The President of the United Stated signed the CARES (Coronavirus Aid, Relief, and Economic Security) Act on March 27, 2020, expanding unemployment insurance benefits and other economic relief measures aimed at reducing the economic impact of the novel coronavirus 2019 (COVID-19) pandemic and authorized $2.1 trillion in aid to various sectors of the economy. This economic relief package includes the following:
- · Expands eligibility for those not eligible for regular, extended benefits, or Pandemic Emergency Unemployment Compensation including self-employed individuals, independent contractors, those with limited work histories, and those unable to work due to the enumerated COVID-19 related reasons;
- · Extends state unemployment benefits by 13 weeks of federally funded benefits added to the end of regular unemployment benefits; and
- · Provides for Federal Pandemic Unemployment Compensation (FPUD) of $600 weekly in addition to regular state benefits.
The GDOL signed all of the necessary agreements last Saturday to access funding for this program. The agency is still waiting to receive guidelines from the US Department of Labor on how to administer funds on behalf of the federal government. The agency continues to update its website daily with new information on applying and receiving unemployment benefits.
The GDOL is also continuing to work with employers to get Georgians back to work. Employers have been contacting the GDOL with job opportunities that are critical during this crisis – some in the workplace and others that can be done from home. Today, over 116,000 jobs are listed online at www.EmployGeorgia.com for Georgians to access. The GDOL offers online resources for finding a job, building a resume, and assisting with other reemployment needs.
Information on filing an unemployment claim, details on how employers must file partial claims, and resources for other reemployment assistance can be found on the agency’s webpage at www.gdol.ga.gov
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| | Georgia Department of Public Health COVID-19 Daily Status Report
Today’s significant increase in cases is in part due to additional laboratories reporting to DPH, and also improvements in electronic reporting from other laboratories. Patient information is often incomplete and DPH works to complete the records, so data will change over time.
Georgia Department of Public Health COVID-19 Daily Status Report For: 04/03/2020
These data represent confirmed cases of COVID-19 reported to the Georgia Department of Public Health as of 04/03/2020 11:28:41.
A confirmed case is defined as a person who has tested positive for 2019 novel coronavirus.
COVID-19 Confirmed Cases: No. Cases (%)
Total 5831 (100%)
Hospitalized 1158(19.86%)
Deaths 184 (3.16%)
For more information visit:
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| | HRDIVE News PUBLISHED
March 31, 2020
Interact intentionally: How HR can encourage effective online meetings AUTHOR
Aman Kidwai
With many workforces operating remotely, the dynamic of regular meetings has changed. As a result, business leaders must adapt how they structure meetings — including perhaps how often they have them — to thrive in this new virtual work environment.
Among other things, HR pros can encourage leaders to keep employee engagement, cybersecurity and tech needs front of mind.
Make sure it's secure
Companies may be buying and deploying new technologies as they migrate to a fully virtual workspace. One of the most important things to remember is the heightened risk that comes with new technology and employees logging into company databases, such as CRM or payroll systems, from their homes, The International Association of IT Asset Managers (IAITAM) noted in guidance released earlier in March.
CyberScout has recommendations for securing a home office and webcam, which may be helpful to share with employees. The cybersecurity firm has also published data security recommendations for businesses, including VPN tips and information on the value of providing hardware for remote employees.
"There's an added level of stress trying to factor cybersecurity into the adjustment around the Covid-19 work-at-home situation, and that's precisely what hackers are counting on," CyberScout wrote in a blog post. "Plan accordingly, and encourage everyone in your office to do the same."
Consider rescheduling
The shift to fully remote work may have created significant complications for their team members. HR can encourage managers to confirm the scheduling for regularly-held meetings. If parents with kids are less likely to be available for a 9 a.m. roundup, for example, it could be helpful to reschedule.
"With everyone working from home, regular routines are out the door," Mady Peterson, a marketing manager at Limeade, an employee engagement software company, told HR Dive via email. "Instead of seeing this as a roadblock to productive work or meetings, be flexible and allow a shift in regular weekly meetings … Check in with your team members to find a new time that works for everyone's schedule."
Acknowledge employees' personal lives, respectfully
People may be coming into meetings in much different emotional states than when they walk to a conference room from their desk. They may have just put a kid down for a nap, been on the phone arranging food delivery for an elderly parent or simply not adjusting well to staying indoors all day.
"Encourage team members to give a 60 seconds or less verbal ‘tweet' on what the headline in their life is right now," Howard Tiersky, founder and CEO of FROM, a digital transformation agency, told HR Dive in a statement. "This can be an interesting exercise, especially in extraordinary times."
HR can suggest that manager be open to slightly more conversation about personal lives, because meeting time is also now a replacement for informal conversations which used to occur in the office, Peterson explained. They can promote this type of discussion through leadership by example. "Take this as an opportunity to introduce your kids to your coworkers, learn names, and make deeper connections. It's important to treat colleagues as human beings and invest in their personal life (when appropriate for all, of course)," Peterson said.
Turn cameras on, and recommend everyone does the same
Being present is an important trait for any leader or teammate, but especially in a fully remote work environment.
During in-person meetings, managers may tolerate a certain degree of multitasking. It may be okay to check email on one's phone, or quickly respond to a colleague's question via Slack. But when all meetings are video conferences, it's important for everyone to avoid multitasking and be more present than ever. This means keeping cameras on.
"One of the best reasons to share your video screen is to keep your attention on the subject at hand," Kelly Delgado and Emily Storer, two Senior Principals at Infosys Consulting, told HR Dive in an email. "For meetings where your full attention is required for the duration, give it. You'll add more value, reduce the potential for mistakes made while distracted, and decrease the stress associated with information overload."
Delegate for larger meetings
Delgado and Storer's guidance differs slightly for meetings with more than a dozen people.
"Plan ahead to determine who will moderate the call and if additional resources are needed to manage chat, mute people, screen share, etc. Also, in this instance, it's best to ask participants who aren't presenting NOT to share their video," they said.
Larger meetings bring a variety of challenges when run virtually, they added. "Honestly: large virtual meetings are challenging, and in many cases, it may be best to break up the meetings into smaller groups," Delgado and Storer said. "This not only simplifies meeting management, but also shortens the amount of time required for participant engagement."
Interact intentionally
Building on being present, it will take some extra effort to push team members into participating more often than they would in an in-person meeting. HR can suggest that managers engage team members directly, encourage everyone to speak and use videoconferencing functions such as polling or screenshare, according to multiple people who spoke to HR Dive.
"One good practice for any meeting, and especially in a virtual environment, is to call on team members who may be otherwise silent during the meeting," Delgado and Storer said. "This ensures their engagement and varies the voices on the call."
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In some cross-team meetings, everyone on the line may not know each other. Tierskey recommends doing basic introductions if that is the case. He also suggests mixing up the presenters during meetings to involve and engage as many people as possible.
"The more you can build a sense of community right now, the better for everyone's emotional health and work performance," he said. "A well-run meeting can actually be a bright spot in an otherwise dreary and depressing day."
Take notes and celebrate loudly
A well-planned agenda and documentation can increase accountability and the effectiveness of meetings, according to Wesley Connor, global head of learning and development at Randstad.
"Start by always having an agenda and ensuring that all who attend can play a role in the meeting. … Provide frequent updates on overall business trends and corporate strategy, just like you would normally," Connor wrote in a post summarizing from a webinar the company delivered last week. "Also be sure to celebrate successes and acknowledge good work. Look for ways to create rituals for your virtual team, like recognizing special occasions or always ending the meeting with a good news story."
Having a new person take meeting notes is another way to get people involved, and will be helpful for the team as well, Connor added. "When the meeting is over, provide a shared document that outlines everything you talked about in terms of insights, commitments and actions," he said.
Don't always talk about work, or the pandemic
In addition to acknowledging how people's personal lives may have changed with the move to remote work, it's also helpful for managers to try and discuss other informal topics, such as Netflix recommendations or cooking recipes.
"You can't not acknowledge the pandemic — that wouldn't be authentic — but keep topics around it as positive as possible," Tierskey said. "Don't let it overrun everything. You might ask if anyone has a funny story to share, or if they've seen a creative way their community is pulling together or giving back."
Companies and teams can even institute separate meetings specifically for informal interaction, such as virtual coffee chats, happy hours or trivia contests, with optional attendance.
"Get creative with virtual meetings — try a themed meeting or designate certain topics," Peterson said, drawing on experiences at Limeade. "We've had an all staff themed meeting where employees were encouraged to wear their favorite hat, our marketing team hosts weekly happy hours focused on certain pop culture happenings from the week, along with optional weekly Friday ‘Highs and Lows' where teammates share their personal or professional high and low from the week."
Simulate a virtual meeting
If you absolutely must re-create the meeting environment, or are planning a large conference that now will be virtual, a company like Event Farm may have the solution. These virtual solutions give meeting attendees a virtual avatar with which to attend online meeting spaces.
Nike, Adobe and GOOP, for example, have all used such tools to facilitate virtual interaction.
"[Clients] enjoy spending time 'socializing' with other users," Nate Mansfield, director of product at Event Farm, told HR Dive via email. "The level of interaction is much richer than web conferences."
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