Sharlyn J. Lauby's Blog, page 81

Organizations are Focused on Using People Analytics As a Competitive Advantage

As organizations spend more time trying to recover from the business impact of COVID-19, they will turn to data to help them. It makes total sense. Organizations have been using data to help them grow their businesses for years. This will be no different. What may be different is the type of data that organizations collect and how they analyze and make decisions from the data.

Earlier this year, the Society for Human Resource Management (SHRM) held its first People Analytics conference. Keynote speaker Jack Phillips talked about how the market for big data is growing and organizations are paying big money to get data. I have to think that, as organizations are making plans for reopening, this will be incredibly important.

One of the key points that Phillips discussed was how organizations are making people analytics not just a part of their operation but a part of their culture. Companies want to hire, train, and support employees who have analytical skills. Those employees are going to help the organization design the internal analytics capabilities necessary to be competitive in the market. During his session, Phillips talked about four key elements in using people analytics as a competitive advantage.

Leadership. An increasing number of organizations are realizing that the key to being an analytical culture is having data advocates on staff and in the room when key decisions are made. This isn’t to say that senior management shouldn’t have a pro-analytics mindset, but organizations are finding a benefit to having the data advocate in the room keeping everyone focused on the integrity of the collection and analysis process. Bad data can lead to bad decision making.

Product thinking. Speaking of process, organizations will want to know what types of data they have access to. For instance, if we think about the balanced scorecard approach, does the organization have financial, customer, operational, and HR data to use in their analytics? And if they don’t what steps could they take to gain access. The good news is that many of today’s technology solutions have data and analytics capabilities plus security protocols built into their features.

Experimentation. Even organizations that lean on the conservative side have to take educated risks. When analyzing data, they will want to have guidelines in place outlining how to introduce new data or to develop a hypothesis. Think of this as a business scientific method. The organization might want to develop a virtual “lab” to test their ideas before implementing them.

Innovative cultures. Organizations want to use data they’ve gathered and analyzed to help them innovate. The book “The Innovator’s Dilemma” introduced us to different types of innovation: 1) Sustain, which is innovation that happens on an incremental basis,  2) Adjacent, when a company does something very well and leverages it in a new space, 3) Disruptive, when a new market is created, and 4) Discontinuous, when a new product is launched which leads to a change in consumer habits.

The idea here is organizations hire the right team to create a people analytics culture. The team builds the internal structure to gather, evaluate, and make business decisions using people analytics. This gives the organization the ability to innovate and ultimately, compete in their respective industries using people analytics.

While I haven’t mentioned HR in this article, you can see how HR departments are a key part of this strategy. They help the organization hire the talent. HR is a part of creating and maintaining culture. They assist in the development of processes and guidelines. And HR systems data is regularly used in analysis. HR departments will be asked to participate in key decisions during their organization’s reopening and recovery. Be prepared to participate.

P.S. If you’re trying to learn more about people analytics, let me suggest checking out SHRM’s People Analytics seminar and specialty credential. I’ve always thought of myself as a numbers driven human resources professional and was very impressed with the program. I learned a lot, especially about using the data to tell a story to senior leadership. Attaining the specialty credential isn’t easy, and I’m very proud to have earned it.

Image captured by Sharlyn Lauby while exploring the streets of Atlanta, GA

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The Future of Talent Management

When I worked in an office environment, I tried to spend a lot of time walking around. It was a great opportunity to be visible and chat with employees. It also got me into the habit of always having a notebook with me. Employees would ask questions and I needed some way to remember.

Fast forward to today, I still carry a notebook with me to jot down ideas. The good news is that I ran across some notes from a presentation about the future of HR that I want to share with you. The not-so-good news is that I didn’t put in my notes the name of the event or the speaker. Totally my fault.

That being said, while I’ve been staring at these notes, it occurred to me that they’re really not about the future of HR as much as they are about the future of talent management, which impacts the entire organization. Given everything that’s going on right now, organizations have a real opportunity to review, reaffirm, or redefine their talent strategy. Here are seven things to consider:

The digital transformation is contingent on a talent transformation. Lots of chatter these days about digital transformation and I’m all for it. But let’s not forget that digital transformation involves employees and their willingness to work with artificial intelligence and machine learning.



Organizations will have to start thinking about work as “the thing you do” not “the place you go”. There are a couple of high-profile companies that are redefining the workplace in light of COVID-19. They’ve discovered that employees actually can be productive from home. This is going to change the way we think about the workplace and talent management.



We must be receptive to the speed of change. While things might seem very slow in terms of getting back to normal, I think they’re actually moving quite rapidly. And as medical treatments and vaccines are discovered the pace will pick up. Organizations and individuals need to be prepared to react.



Technology and artificial intelligence will continue to be important. But they are not a replacement for human interaction. Yes, use them for what they do well. I mentioned in point #1 about AI and machine learning. They are not a silver bullet for every challenge; but when used effectively, they can bring tremendous value.



HR and business leaders will have to embrace a diverse workforce. We’re not only talking about gender, race, age, religion, etc. But full-time, part-time, and freelancer. The talent acquisition function should be prepared to do more than the traditional hiring process. I see them getting involved in supply chain and vendor management.



While technology is important, employees will (still) want to be proud of their employer and have a clear purpose that aligns with the organization. This aligns with point #5. Not only do we need to be open to hiring a diverse workforce , we need to get really good at designing work. Employees will be thrilled to work for companies that have purposeful jobs.



Organizations will need a new talent ecosystem. All of this leads to the realization that work is personal. When it comes to the employee experience, the goal will be to ensure employees are treated “beautifully”. Period. That includes their family and loved ones. That will be the new definition (is this the right word or is it description? Or maybe characterization?) of the employee experience = beautiful.

None of this is going to happen overnight. It’s a starting point for an internal conversation. As companies look at their goals for the next 12-18 months, they will want to have the right talent in place. That means having the right talent management strategy.

Image captured by Sharlyn Lauby while exploring the streets of Las Vegas, NV

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Bookmark This! The High Potential and High Performer Edition

Organizations are starting to think about bringing employees back from remote work, furloughs, and possibly even layoffs. In doing so, one of the factors that they are going to consider is the employee’s performance. I’m sure this isn’t a surprise. At least it shouldn’t be.

They will look at whether the employee was productive while they were working remotely. Or the employee’s performance prior to the furlough or layoff. And, employees who perform at a higher level are probably going to get asked back first. It only makes sense. Organizations will want – and need – their best performers to successfully get back on track.

Today’s roundup of articles can help your organization identify those high potential and high performing employees. Once you know who those people are, the organization needs to make sure that they can attract, engage, and retain them.

4 Tips for Identifying and Developing High-Performing Employees

Organizations want high-performing employees. They talk about it all the time. Managers will say that they want employees who “perform at a high level.” Senior leaders will say the key to the company’s success is being a “high-performing organization.” But what exactly does that mean?

5 Things High Potential Employees Want… and How You Can Deliver Them

Let’s face the truth. While all employees contribute to the organization, some employees contribute more. It’s a fact of business life. Organizations that want to hire, engage, and retain high potential employees will need to create a work environment that gives employees an experience that’s fair. Because those high-performing employees expect it.

4 Ways to Develop High-Potential Employees into Subject Matter Experts

High-potential employees offer immense value to their organizations. So, it’s no wonder that organizations want more of them. If companies offer the proper development opportunities to these individuals, they can transform into key contributors for the organization – both in the short and long term. This is great for company performance and their succession plan.

Succession Planning for Organizational Subject Matter Experts

As the business world continues to evolve, organizations will need their SMEs to stay current and relevant. To achieve this, organizations must give SMEs the development opportunities they need to grow in their roles and ensure SMEs have a place in the company’s replacement and succession plans.

Don’t get lulled into thinking that the record high unemployment numbers are a signal that we’ve flipped to an employer’s market. For high potential and high performing employees, they will always be in demand. The company’s recruiting goals are still the same – find the best talent. Engage them. Retain them. It’s the key to bottom-line success.

Image captured by Sharlyn Lauby while exploring the streets of Austin, TX

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Employer Communications of #COVID19: What You Can and Can’t Share with Employees and Customers

A few days ago, I published an article about the things that employers need to know about face masks and temperature taking now that businesses are starting to bring employees back to the workplace. But there’s so much more to COVID-19 than just those two things. So as promised, I asked attorney and friend Carrie Cherveny if she would answer a few more questions. Here’s part two of our conversation.

Carrie Cherveny is senior vice president of strategic client solutions in HUB International’s risk services division. In her role, Carrie works closely with clients to identify compliance risks across the organization and develop responsive strategies that ensure compliance and further overall organization goals, including risk mitigation when it comes to various insurances such as health and welfare programs and employment practices liability. 

And you know I mention this every time, but please don’t forget that Carrie’s comments shouldn’t be construed as legal advice or as pertaining to any specific factual situations. If you have detailed questions, they should be addressed directly with your friendly neighborhood labor and employment attorney.

Before we get into the first question, I want to take a moment to define a term – contact tracing. According to the Center for Disease Control (CDC) website, contact tracing is “a core disease control measure employed by local and state health department personnel for decades, is a key strategy for preventing further spread of COVID-19.” It’s considered to be “part of the process of supporting patients and warning contacts of exposure in order to stop chains of transmission.”

Carrie, contact tracing has come up a lot in conversations about COVID-19. Are employers required to do contact tracing?

[Cherveny] The answer here may vary by state and local law. Employers should check with their counsel to determine under what circumstances, if any, the employer may be required to engage in contact-tracing for an employee who tests positive for COVID-19. Likewise, state and/or local laws may require employers to report positive COVID-19 test results to a local health official.

If an employee tests positive for COVID-19, are companies required to tell other employees? What about customers?

[Cherveny] In its guidance to employers, the CDC instructs that ‘If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA).’ Employers must ensure that they store the employee medical information and records in a separate and confidential secured file.

An employer may share only the diagnosis and not the identity of the employee with the workforce. The employee’s identity may be shared only with those who ‘need to know’ and the definition of ‘need to know’ is strictly construed and extremely limited. For example, an employee responsible for conducting contact tracing would ‘need to know’ the identity of the diagnosed employee. The employer may let the workforce know that the workers may have been exposed to someone who has tested positive for COVID-19. In that case, the identity of the employee is not important – only the ‘what’ (i.e. the exposure).

Likewise, employers should consider informing any other individuals who have come into close contact with an employee who is diagnosed with COVID-19. For example, the employer may inform customers or vendors that also came in close contact with the employee. According to the CDC, ‘close contact’ means within 6 feet of a diagnosed person that was not wearing any personal protective equipment (PPE) for approximately 15 minutes in a non-healthcare setting.

If an employee feels uncomfortable returning to work – maybe they or a family member are in a high-risk category – what options does a company have?

[Cherveny] Without more information, merely ‘being afraid to come to work’ is not a qualifying leave reason under any regulated leave entitlement. Employers may nonetheless want to consider flexibility in their leave of absence and paid time off policies. Here are a few examples:

Wage Replacement Benefits

Employers may consider providing employees with expanded paid time off or what some refer to ‘pandemic pay’. Employers may build their program based on criteria that it establishes but must be sure to be both clear and consistent.

Employees who are not able to work because they are personally medical quarantined or are home to care for an individual subject to a quarantine may be eligible for emergency paid sick leave under the Families First Coronavirus Response Act (FFCRA). Employees must work for a qualified employer (i.e. under 500 employees and not eligible for an exemption) to be eligible for these benefits. More specifically, the U.S. Department of Labor (DOL) explains that employees may be eligible for:

Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to federal, state, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis.



Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to federal, state, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.

Telecommuting

Approximately two-months ago, employers were suddenly and without much preparation forced to send all or part of their workforce home to work. Since the initial ‘shelter in place’ of the U.S. workforce, many employers have learned how to operate their businesses and manage their workforce remotely. Companies and leadership that traditionally would not have entertained a remote workforce have now found ways to manage their telecommuting employees and continue to serve their clients and customers. In addition to enabling employers to continue operating their business during the COVID-19 crisis, a remote working environment offers employers an avenue to mitigate the risk of community spread of the virus in the workplace. It’s against this backdrop that employers may consider (or reconsider) their current approach and policy for telecommuting as an alternative work-arrangement particularly for their high-risk employees.

Employers that continue to utilize telecommuting within their workforce should ensure they have a clear telecommuting policy and agreement provided to (and signed by) each telecommuting employee. Telecommuting policies may include provisions such as:

Eligibility for a telecommuting arrangementDescription of policies that remain in effect while working remotelyTime and attendance expectations – most especially for non-exempt employeesConfidentiality and data security requirementsExpensesWorkers compensationEmployee acknowledgement including a statement of that ‘at will’ relationshipEmployment labor law postings for remote employeesAccountability and consequences for non-conforming behavior

Employee’s Own Health Condition

The CDC has identified a number of conditions that can potentially put individuals at greater risk if they contract COVID-19. If the employee requests a change in their working arrangements due to an underlying medical condition outlined by the CDC, the employer is responsible for following the interactive process under ADA to determine if a reasonable accommodation can be made.

The Equal Employment Opportunity Commission (EEOC) instructs that there may be low-cost solutions available to employers that will provide an accommodation for the employee. For example, there may be ‘materials already on hand or easily obtained [that] may be effective’. Employers may make changes to the work environment including one-way hallways, social distancing in common areas, reduced seating capacity in conference and break rooms, and installing barriers between employees and customers. Employers may also consider temporary job restructuring, temporary transfers to a different position, and modifying work schedules.

However, employers should proceed with some caution. The EEOC has made clear that an employer may not exclude an employee from the workplace solely because they have what the CDC has identified as a higher-risk condition for serious illness with COVID-19.  An employer may only do so if the employee’s condition poses a ‘direct threat’ to the employee’s health and that direct threat cannot be eliminated by a reasonable accommodation. Recently, the CDC has issued updated guidance that in fact suggests that employers allow employees that are “high risk” to continue to shelter in place during the initial phases (what the CDC refers to as Step 1 and Step 2) of return to work. Employers will have to balance the CDC guidance against their obligations for equal employment opportunities and non-discrimination in the workplace under the various employment laws enforced by the EEOC.

It’s important to note that the ‘direct threat’ is a very high standard and requires a case-by-case assessment. Employers must rely on reasonable medical judgment about the specific employee’s condition (not a generalized assessment) using the most current medical knowledge and/or the best objective evidence. However, even if the employee’s condition does pose a direct threat to the employee’s health, the employer still may not exclude the employee from the workplace unless there is no available reasonable accommodation that will not pose an undue hardship on the business.

Employee’s Family Member’s Condition

As a threshold matter, under certain circumstances, an employee may be eligible for emergency paid sick leave (see the above discussion).

The ADA does not apply if the employee is asking for an accommodation because the employee lives with someone who is at a greater risk of complications if they contract COVID-19.Under the ADA, reasonable accommodations are only required for an employee’s own disability and does not cover disabilities of other individuals that the employee lives or interacts with. It’s important to note that the Genetic Information Non-discrimination Act (GINA) prohibits an employer from asking an employee about their family member health conditions. However, employers subject to the Family and Medical Leave Act (FMLA) should consider whether the employee’s circumstances qualify under the FMLA to care for an immediate family member with a serious health condition.

Employers may consider a telecommuting arrangement for an employee who requests a variance in their position because of a high-risk individual at home. Additionally, employers may also consider job variances to allow an arrangement that will address the employee’s safety concerns such as job sharing, staggered schedules, or a temporary reassignment of duties. Likewise, an employer may re-visit its paid time off programs to identify some flexibility or expansion of wage replacement benefits.

Last question. Everything with COVID-19 is moving so fast and changing quickly. How can employers stay on top of the latest information?

[Cherveny] Both the DOL and the EEOC have a notification system – you can register with each to receive notifications and news informing you of updates and changes. Additionally, there are some excellent blogs written by attorneys and industry experts specializing in staying on top of this ever-changing landscape. Below are some compliance resources that may be helpful:

HUB International COVID-19 FAQ

EEOC FAQ for Employers on COVID-19 and the application of the ADA Rules

DOL FAQ and the FFCRA

DOL FAQ for employers on COVID-19 and unemployment

CDC Employers Guide

OSHA Employers Guide

Again, I want to extend a huge thanks to Carrie for sharing her experience with us. I hope you’ll check out some of the resources she’s provided. It’s unfortunate to say, but I feel like we will be dealing with COVID-19 matters for quite some time. HR professionals will want to create a resource guide for themselves to stay current.

Image captured by Sharlyn Lauby after speaking at the Flora Icelandic HR Management Conference in Reykjavik, Iceland

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Interviews: Favorite Questions to Get the Best Answers

I think everyone has a few interview questions that they really like to ask every candidate. I know I do. My favorite interview question is, “Tell me about a time that you had to work with someone you did not personally like.” Another one is “Tell me about a time when you had to support a company decision that you personally didn’t agree with.”

The reason I like these questions is because they use behavioral interviewing techniques. Candidates have to reach back into their work experience and share a story from their past. The answer will provide some insight into how they would react if placed in that situation again.

I also believe these are the types of questions that are hard to fake answers. For example, with the first question about working with people you don’t like, I’m sorry folks, but if anyone tells you “Oh I’m a people person and I get along with everyone.” They’re lying. Pure and simple. We all have to interact with people that might not be on our BFF list. It’s a part of business and there’s nothing wrong with it. The important part is how people handle the situation.

In addition, the candidate’s answer can tell you volumes about the type of people they enjoy (and don’t enjoy) working with, as well as how they handle uncomfortable situations. Great things to know when evaluating how someone will acclimate into your company culture.

Here’s another example of why behavioral interviewing questions are valuable. Let’s say your organization places a tremendous importance on customer service. Logically, you will want to ask customer service-related questions during the interview. There are three different ways you can ask the question:

Do you have good customer service skills? This is a closed-ended question. And seriously, who’s gonna say, “My customer service skills stink.”

How would you handle an angry customer? On the surface, a better question than the first one. But a candidate can easily give a textbook answer. The reply doesn’t tell you what the candidate has done.

Tell me about a time when you’ve solved a customer problem. This is a behavioral question. The candidate’s reply will tell you about a specific situation they’ve handled in the past.

Behavioral interview questions can be created for just about any skill or competency. It’s easy to find sample questions on the internet or you can buy books that are filled with questions. Here are a few samples:

Tell me the steps you take to monitor the quality of your work. (Quality)Tell me about a time when you pitched in to help someone else finish a project even though it “wasn’t your job.” What was the result? (Teamwork)Describe the most creative thing you did in your last job. (Creativity)Tell me about a time when you had to persuade a person to accept an idea that you knew they wouldn’t like. (Persuasiveness)

At this point, you probably noticed most behavioral interview questions start with “Tell me about a time…”. It’s a great tip for making sure you’re asking the candidate to share something they’ve done in the past.

Speaking of tips, the other thing I’ve learned over the years is not to shy away from getting other people involved in the interviewing process. Many times only the hiring manager or HR handle the process, but I’ve found having candidates talk with their future peers is a good thing. It does take a little explaining on the front end – let candidates know what you’re doing. The benefits are many:

It gives the candidate a chance to meet some of the people they will work with every day, which might provide additional insight about the company. Chances are once they get hired, if they have a question, these are the people they will go to (before their manager or HR.)The company gets additional support for the candidate. If the others buy into the hire, they will show the new employee the ropes.

Asking the right questions and getting the right people involved in the hiring process can give the company more insight about the candidate and vice versa. It’s a win for everyone.

Image captured by Sharlyn Lauby while exploring the streets of Austin, TX

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What Employers Need to Know About Face Masks and Taking Temperatures for #COVID-19

A couple of weeks ago, I shared with you a few websites that are curating COVID-19 resources. Always good information to have handy. This situation isn’t going away any time soon. I specifically wanted to find out some information about face masks and taking temperatures. I hear people talking about these two items all the time and thought it could be helpful to learn a little more.

I reached out to an attorney, a friend, and colleague of mine, with some of the legal questions related to these two topics. And thankfully she agreed to be interviewed. Carrie Cherveny is senior vice president of strategic client solutions for HUB International in their risk services division. She works closely with clients to identify compliance risks across the organization and develop responsive strategies and solutions that ensure compliance and further the overall organization goals, including health and welfare programs and employment practices liability. Some of you might remember that Carrie helped us answer a reader question about “HR Careers for Legal Professionals”.

While Carrie is a lawyer, please don’t forget that her comments should not be construed as legal advice or as pertaining to any specific factual situations. If you have specific detailed questions, they should be addressed directly with your friendly neighborhood labor attorney.

Carrie, thanks for sharing your knowledge with us. Let’s start with a question I’m sure you’re asked a lot. Can employers require that employees wear face masks while working?

[Cherveny] Yes. In fact, the Occupational Safety and Health Act (OSHA) General Duty Clause requires employers to provide a safe working environment for their employees. In response to the COVID-19 pandemic, the Center for Disease Control (CDC) has issued robust guidance and recommendations to assist employers with providing a safe working environment for employees. For example, the CDC includes on its employer webpage:

Critical infrastructure workers who have had an exposure but remain asymptomatic should adhere to the following practices prior to and during their work shift:

Pre-Screen: Employers should measure the employee’s temperature and assess symptoms prior to them starting work. Ideally, temperature checks should happen before the individual enters the facility.Regular Monitoring: As long as the employee doesn’t have a temperature or symptoms, they should self-monitor under the supervision of their employer’s occupational health program.Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure. Employers can issue facemasks or can approve employees’ supplied cloth face coverings in the event of shortages.Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.Disinfect and Clean Workspaces: Clean and disinfect all areas such as offices, bathrooms, common areas, shared electronic equipment routinely.

Likewise, many states and municipalities are passing rules that require or strongly recommend that people wear masks in any public setting. For example, Palm Beach County, Florida has issued an Emergency Order regarding face masks which states in part that, ‘all other persons physically present in any public place in Palm Beach County are strongly urged to wear facial coverings as defined by the CDC.’

If an employer does require or suggest that employees wear face masks, are they required to supply them?

[Cherveny] The requirement to supply personal protective equipment (PPE) is driven by the OSHA Standards and an assessment of the position. OSHA Standards specify those positions that require PPE. However, the employer’s obligation does not end there. Employers have an obligation to perform their own assessment to determine if their employee’s job duties require PPE to remain safe. Each employer will have to demonstrate how they determined required PPE for each particular position and/or employee. The employer assessments will vary by industry and company. If an employee occupies a position in which PPE is required then the employer may be required to provide the equipment (with the exception of certain items).

For example, employees whose job includes working with blood borne pathogens (BBP) must wear certain PPE and receive specific training with respect to that PPE. The employer must pay for BBP training and PPE. Additionally, the CDC directs that “when engineering and administrative controls cannot be implemented or are not fully protective, employers are required by OSHA standards to among other things, ‘provide appropriate PPE to the workers at no cost’ (emphasis added).

Let’s switch gears to the topic of temperature taking. Can employers take an employee’s temperature before arriving to work?

[Cherveny] Yes, But. Measuring an employee’s body temperature is a medical examination generally prohibited by the Americans with Disabilities Act (ADA). However, on March 18, the Equal Employment Opportunity Commission (EEOC) issued updated guidance, noting that the CDC has recognized COVID-19 having community spread. Based on guidance from the CDC and public health authorities as of March 2020, the EEOC has declared that COVID-19 pandemic meets the ‘direct threat’ standard.  Therefore, while temperature testing ordinarily would be prohibited, the EEOC has made it permissible to take employee’s temperatures solely for the purposes of preventing the community spread of COVID-19.

However, the EEOC has cautioned employers that individuals with COVID-19 do not always present with a fever. Notably, the EEOC has also paved the way for employers to perform COVID-19 diagnostic testing. Employers may consider working with third-party vendors for this. The EEOC held a webinar on March 27, 2020 that is also helpful and informative on this topic.

Since you’ve mentioned testing, are employers able to “screen” employees for COVID-19?

[Cherveny] Yes. In addition to taking an employee’s temperature, employers may also consider conducting daily employee pre-screening for those going to the work location. (NOTE: Employers may not ask medical questions or gather medical information from employees who are not coming onsite.) Employers may take an employee’s temperature and/or ask the following questions of current employees coming into the work location:

Are you experiencing any of the following COVID-19 CDC Specified Symptoms or combination of symptoms:

CoughShortness of breath or difficulty breathing

Or at least two of these symptoms:

Fever – (100.4 degrees) – the employer may take the employee’s temperature. The person conducting the daily pre-screening should be provided PPE including an appropriate mask.ChillsRepeated shaking with chillsMuscle painHeadacheSore throatNew loss of taste or smell

Employers may also ask employees:

Are you currently waiting for COVID-19 test results?      Have you tested positive for COVID-19?

Employers may approach employee pre-screening in a number of ways that may fall into two general categories:

Onsite pre-shift screening conducted by an employee or third-party vendor prior to entering the work location. If the employer opts for onsite screening by its own employees, employers must ensure that the person conducting the screening follows and complies with PPE guidelines such as wearing a mask, gloves, protective eyewear, and other devices to ensure their safety. The employer and the person handling the temperature checking (and any other screening measures) must ensure that they follow and enforce safety measures such as social distancing. For example, the ‘screener’ must ensure that employees who are ‘waiting to be screened’ remain at least 6 feet apart before entering the workplace.

Employee daily self-reporting either prior to coming to work or at work but prior to entering the work location. If the employer opts for self-reporting, it must ensure that it has developed written policies and protocols for employees including a signed acknowledgement of the policy. Employers must be sure to clearly communicate its expectations of its employee’s behavior and conduct and likewise, it must be sure to hold employees accountable for compliance with those policies.

If it’s discovered that an employee is running a fever or discloses that they have symptoms, does the organization need to tell other employees?

[Cherveny] As with all medical information, the fact that an employee had a fever or other symptoms would be subject to ADA confidentiality requirements. The Family and Medical Leave Act (FMLA), ADA, and Workers’ Compensation statutes all contain provisions that protect the confidentiality of an employee’s medical information. Employers have the obligation to ensure that all medical information obtained about an employee is private and confidential.

Medical information obtained directly from the employee for employment purposes (such as under the FMLA or the ADA) is not protected by Health Insurance Portability and Accountability Act (HIPAA) but is protected by strict confidentiality rules. More specifically, only those who ‘need to know’ may be informed of both the employee’s identity and the diagnosis or medical condition. ‘Need to know’ is strictly construed and narrowly defined. The employer has the obligation to safeguard the identity of the employees.

It’s within this confidentiality framework that an employer may decide to share with employees (and potentially visitors/customers) that they have been exposed to someone with the symptoms of COVID-19.  If the employer chooses to share this information, they should instruct employees to self-monitor for symptoms. 

I can see situations where an employee has a fever or discloses that they have symptoms, but they say, “I feel fine and can work.”. Are there guidelines an employer should follow?

[Cherveny] Employees diagnosed with COVID-19 or who have COVID-19 symptoms without a test should follow CDC-recommended steps. Employees should not return to work until they have satisfied CDC post-diagnosis/illness criteria to return to work:

Test-based strategy. Exclude from work until:

Resolution of fever without the use of fever-reducing medications andImprovement in respiratory symptoms (e.g., cough, shortness of breath), andNegative results of a U.S. Food and Drug Administration (FDA) Emergency Use Authorized molecular assay for COVID-19 from at least two consecutive nasopharyngeal swab specimens collected ≥24 hours apart (total of two negative specimens).

Non-test-based strategy. Exclude from work until:

At least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms (e.g., cough, shortness of breath); and,At least 7 days have passed since symptoms first appeared

It’s important to remember that these guidelines, regardless of the issuing agency, are merely a minimum standard. Employers are encouraged to exceed the agency recommendations to better protect their employees and their businesses.

I’m glad you brought up protection. I know we can’t cover all the contingencies but do employers have any liability where these guidelines are concerned?

[Cherveny] Employers should also consider safety protocols in the workplace in the event they find themselves in the unfortunate position of defending themselves in litigation. Because workers’ compensation carriers may not cover COVID-19 cases, the exclusive remedy provision does not apply and employee-litigants (and their attorneys) are free to pursue other legal causes of action.

Consequently, one area of litigation that appears to be gaining traction is employer negligence. Recently, we have seen cases filed against employers arguing that the employer did not act reasonably to provide a safe working environment to its employees. Most recently a case filed against Wal-Mart, the plaintiff-employee’s estate claims that Wal-Mart did not provide PPE to its employees, did not provide cleaning or disinfectant products, and did not pre-screen workers to prevent the transmission of the virus.  Likewise, the cruise industry has already realized class-action negligence claims filed by employees.  It is likely that we may see more litigation like this alleging negligence by the employer.

I want to extend a huge thanks to Carrie for sharing her knowledge with us. If you’re looking for additional resources, be sure to check out HUB International’s COVID-19 FAQ. This is a 200+ question FAQ updated each week to consolidate the ever-changing and updated regulatory information across all aspects of employment including benefits, health and safety, and employee relations. You can also check out the CDC Employers Guide and the OSHA Employers Guide.

As a human resources professional, I’ve always thought one of the most complex aspects of compliance is when laws intersect. Like the FMLA, ADA, and Workers’ Compensation. Now we’re adding COVID-19. It’s important to stay on top of the requirements.

When it comes to COVID-19, Carrie and I only scratched the surface of the conversation. I had more questions! Look for part two of this interview in a couple of days where Carrie and I talk contact tracing and what employer should do if an employee is uncomfortable returning to work.

Image captured by Sharlyn Lauby while exploring the streets of Las Vegas, NV

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3 Reasons You Might Want to Consider Leaving Your Current Job – Ask #HR Bartender

Regardless of what’s currently happening with COVID-19, today’s reader’s note might hit home for many.

Hi Sharlyn. I’m seeking advice for my husband, who is the CFO for a mid-sized company. Without going into much detail here, he’s been under chronic stress since last year when his company underwent a merger. He’s no stranger to working hard/smart, digging in when duty calls, etc. However, since the merger he’s been working crazy hours and can’t keep up.

I believe he’s in a toxic environment and there are trust issues within the executive leadership team. He’s hit an all-time low and I’m at a loss for how else to support him. We have a young family and I do my best to keep everything afloat for us both (with a full-time job myself), but honestly, I’m drowning now, too.

Personally, he wants and NEEDS to resign. Is this something you can offer guidance on? I believe this is now beyond our ability to navigate. Thank you SO MUCH for anything you can provide.

Given what’s going on right now, some of you might be saying that the last thing you’re thinking about is changing jobs. I totally understand. But there are companies hiring today. And they’re looking for the best talent. So, making the decision to change jobs remains a very personal one.

There are three things that I would suggest to someone who’s trying to make the decision about changing jobs. I can’t answer these questions, but I do think the answers will help someone figure it out for themselves.

Your job is impacting your health. First and foremost, if your job is making you physically or emotionally sick, you need to step back and think. There are jobs where risks do exist, and individuals take those roles knowing that. Jobs in health care, construction, etc. come to mind. Individuals in these industries also know the preventative measures they need to take to stay healthy.



Your work doesn’t make you happy anymore. This could be one of two things: 1) You love what you do but you don’t love the company (or your boss) anymore. OR 2) You’ve fallen out of love with the work. Maybe you used to love traveling as part of your job and now, not so much. It’s important to understand which one you’re dealing with. (NOTE: It’s also possible that the answer is both #1 and #2.)



Your career doesn’t make financial sense. I don’t want to simply say that the job doesn’t pay enough. Because maybe the pay is fine. It’s possible that the benefits package doesn’t suit your current situation. Or the cost of maintaining your professional license is getting expensive and the company isn’t reimbursing. The question is “Does your current position adequately cover your living situation?”

Once you honestly answer the above questions, it might help you decide if you want to make a change AND more importantly, what you might want to make a change to. There is some truth to the saying that the best time to look for a new job is when you have a job. I realize not everyone gets that opportunity which is why it can make some sense to always be thinking about your job wants and needs.

If you’re thinking about a new opportunity, I want to give you something else to consider. Now is the time to start planning. Don’t wait until you have to make a move to start planning for it. Here are three action steps that will help you find your next job.

Put together a job search plan. Grab a notebook and start plotting your strategy. Think about your transferrable skills. Make note of the knowledge and skills you want to work on before starting to interview. List your must-haves and nice-to-haves for your next company and job. Start thinking about your professional network – both the online one and the in-person one.

Identify the resources you need. It’s possible that you would benefit from taking a class, joining a professional group, or reading some books. Make a list of everything you need and roughly how much it will cost. Start budgeting for these items. Also think about if you will be out of work for a while and if you will need to cover health insurance in-between jobs. That needs to be budgeted as well.

Ask for support. Once you have a plan, reach out to your network. Start reconnecting with them. If you’ve been doing that all along – fantastic! If you haven’t, it will take some time before you can ask for favors. Also, be sure to speak with your family and make sure they’re prepared to support you through this transition. Changing jobs will impact them too.

Regardless of where you are in your career and what’s going on in the economy, the job search process is hard. It takes time. The best suggestions I can give someone is to think about why you’re considering a change and create a plan to get from where you are to what you want. The worst thing someone can do is react too quickly and find themselves in another toxic workplace. I know that the current work situation is tough but remember it’s the tough you know.

Have a plan and work the plan. It will create success for you.

Image captured by Sharlyn Lauby while exploring the streets of Salt Lake City, UT

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The Future of Work: The Impact of COVID-19 On Our Workplaces

(Editor’s Note: Today’s article is brought to you by  our friends at Kronos , a leading provider of workforce management and human capital management cloud solutions. Kronos has introduced  employee contact-tracing capabilities  for their customers at no additional charge. Check out their COVID-19 Resource Center for details. Enjoy the article!)

Regardless of your views on whether states are opening too soon, it’s a fact that some states are relaxing stay at home restrictions. As a result, organizations have to think about their post COVID-19 plans including when they will reopen to the public, how they will do business, and what this means for their employees. 

The Workforce Institute at Kronos has been spending a lot of time talking about the future of work (even before COVID-19 was part of the picture). I found a few articles that you might find interesting on the subject. While these were written pre-COVID, it’s interesting to me that when it comes to talent, organizations will be facing many of the same challenges.

Are You Prepared for the Future of Work?

Of course, it is still essential to have the “hard skills” to be successful. However, the need for soft skills has not changed and is expected to only increase in demand. Communications skills show up on nearly every list of research related to “soft skills needed for the workplace”, along with being a team player, flexibility, problem solving, creative thinking, and the ability to accept feedback. 

4-Day Work Week for All?

Last year, Kronos published global research regarding workers’ attitudes toward their jobs. One of the questions asked was about how employees spent their time at work. 78% of respondents said they could do their job in fewer than 7 hours per day if they could work uninterrupted. And if pay remained constant, 34% said their ideal work week would be a 4-day work week while only 25% would stick with their current 5-day week.

Where Do Humans Fit in an AI World?

The adoption rate for artificial intelligence (AI) at work continues to increase as there is both general awareness of it, applications for it and real success stories. We found that HR leaders were using AI the most and were more likely to have positive feelings about it. In addition, 18% more workers are using some form of AI in the workplace and their sentiment has evolved from anxiety to optimism and excitement. 

Preparing Your Workforce for the Future of Work

In this podcast, a panel of Workforce Institute board members (myself included) talk about workforce development. What I found interesting about the discussion is while we each approached the topic from a different perspective, we all believe in the critical importance of a collaborative approach between employer and employee when it comes to building successful organizations for today and the future. I hope you’ll take a listen.

Protecting Your People During a Merger in Middle of Crisis

One last article that I want to share with you comes from Kronos CEO Aron Ain. No conversation about the future of work would be complete without hearing your CEO’s perspective. If you’re not aware, Kronos recently merged with Ultimate Software. Obviously, this wasn’t a decision that happened overnight, but it was finalized in the middle of a pandemic. I think Aron’s recent post on LinkedIn can offer us insights on how to have future focused conversations while at the same time dealing with the realities of today. 

Right now, organizations are very focused on getting their operations to some level of “normal” and that can be a good thing. It’s important to remember that includes our workforce. Because employees help us achieve our goals. By giving them the soft skills training they need, allowing them to work schedules that makes sense for their lives, and using technology to improve productivity, we create workplaces that are ready for the future of work (and the future of business).

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Labor Law Posting Compliance: The Newest is #FFCRA

(Editor’s Note: Today’s article is brought to you by  our friends at Poster Guard , a division of ComplyRight and the leading labor law poster service that gets your business up to date with all required federal, state and local labor law postings, and then keeps it that way — for an entire year. Enjoy the read!)

While many states are announcing plans to reopen, it doesn’t mean that organizations don’t have to deal with COVID-19 issues anymore. For example, the Families First Coronavirus Response Act (FFCRA), which was signed into law in March 2020 stays in effect through the rest of the year.

We haven’t published anything comprehensive on the FFCRA, so I asked Ashley Kaplan, Esquire, senior employment attorney for ComplyRight, if she would give us an overview of the law and its implications for businesses both now and in the future. Thankfully, she said yes!

Ashley, before we talk about the FFCRA, it might be helpful to talk about sick leave in general. What’s the purpose of paid sick leave laws?

[Kaplan] In general, paid sick leave laws allow employees to earn paid sick days based on days or hours worked, to be used to recover from illnesses, seek medical care or, in some cases, attend to a sick family member. Some of these laws also include paid ‘safe’ days that provide earned leave for survivors of domestic violence, sexual assault, or stalking to seek services related to these incidents.

I’m hearing about a number of states enacting their own leave laws. Why would they do that?

[Kaplan] Many state legislators are recognizing the need for employees to balance work and family responsibilities – and the predicament they’re under if they can’t take time off to deal with sickness and other issues. In the absence of a federal paid sick leave law, states, counties and cities are stepping up and passing their own legislation. As of late April 2020, 12 states, the District of Columbia and at least 20 local jurisdictions provide paid sick days for employees.

Does paid sick leave apply to hourly or part-time workers? How would an employer determine which employees qualify for paid sick leave?

[Kaplan] Most paid sick leave laws aren’t restricted to full-time workers only. They also apply to hourly or part-time workers, allowing them to earn sick leave based on days or hours worked.

Paid leave under state and local laws is typically based on an accrual system tied to length of employment and number of days or hours worked, and these laws vary. For example, in Arizona, employees accrue one hour of sick leave for every 30 hours worked, for a maximum of 40 hours per year. In Michigan, it’s one hour of sick leave for every 35 hours worker and in Vermont, it’s one hour of sick leave for every 52 hours, with both states capping leave at 40 hours per year. Employers should check the specific requirements for the states, cities and counties under which they operate.

A common question I hear regarding paid sick leave involves “blackout dates”. Can employers do that?

[Kaplan] Blackout dates are typically associated with vacation scheduling, where an employer can block off certain dates or time periods due to staffing needs (during a busy season, for example). Because sickness and other issues can’t be anticipated, it’s not realistic to prohibit employees from using sick leave at certain times, and state/local paid sick laws typically do not allow for this. 

So far, we’ve been talking about state paid sick leave laws. Does the federal government traditionally mandate paid sick leave?

[Kaplan] Until COVID-19, the federal government has not mandated paid sick leave – only unpaid leave under the Family and Medical Leave Act (FMLA). There is also a requirement for certain federal contractors to provide paid sick leave based on an Executive Order that went into effect in 2016.

In response to the COVID pandemic, the federal government recently passed the Families First Coronavirus Response Act (FFCRA), a temporary law requiring private employers with fewer than 500 employees, and most public employers, to provide up to 80 hours of emergency paid sick leave for certain COVID-related absences.      

Okay, so what is the new FFCRA and who does it impact?

[Kaplan] The Families First Coronavirus Response Act (FFCRA) is emergency legislation that extends paid sick leave benefits under certain COVID-19 conditions. Until December 31, 2020, the law provides up to 80 hours of paid sick leave for eligible full-time employees (or the 2-week equivalent for part-time employees) who are:

Subject to a federal, state or local quarantine or isolation order related to COVID-19Advised by a health care provider to self-quarantine due to COVID-19 concernsExperiencing COVID-19 symptoms and seeking medical diagnosisCaring for an individual subject to a federal, state or local quarantine or isolation
order or advised by a health care provider to self-quarantine due to COVID-19 concernsCaring for the employee’s child if the child’s school or place of care is closed due to COVID-19 related reasonsExperiencing any other substantially similar condition specified by the Secretary of Health and Human Services

The federal-level emergency legislation affects all private employers with fewer than 500 employees as well as most public employers.

Be aware, too, that some states and cities have expanded their existing paid sick leave laws – or passed brand new laws – to provide leave for COVID-related purposes. Many of these laws mirror the FFCRA (mandating paid sick leave for COVID-related reasons beyond the employee’s illness) and in some cases they apply to larger employers not covered by the FFCRA.

You mentioned the Family and Medical Leave Act (FMLA). How does the FFCRA differ from the FMLA or other paid sick leave laws?

[Kaplan] The FFCRA was passed to address the specific needs of employees under the COVID-19 pandemic, while the Family and Medical Leave Act (FMLA) continues to serve the purpose of allowing employees to take unpaid leave for certain family and medical reasons. The FMLA is unpaid, job-protected leave, and applies to employers with 50 or more employees. To qualify for FMLA leave, employees must meet strict eligibility requirements (e.g., they must have worked at least 12 months for the employer).

That being said, the FFCRA has amended the FMLA to allow up to 12 weeks of partially paid leave for employees who are unable to work to care for a child whose school or place of care closed during the national COVID-19 emergency. In this situation, employees must be employed for only 30 days to qualify. As part of the FFCRA, this expanded provision does not apply to private employers with 500 or more employees, and companies with fewer than 50 employees may apply for an exemption.

Currently, employers have communication obligations under the FMLA. So, I’m assuming there are some for the FFCRA. Are there any solutions that employers can use to communicate the increasing number of laws to employees in a timely fashion?

[Kaplan] That’s correct. The FFCRA has a mandatory posting requirement effective through December 31, 2020. In addition, as more states, cities, and counties pass specific legislation addressing paid sick leave and other employment laws, employers should expect a continued increase in mandatory employee notification requirements. Most of these laws require employers to post updated notices in the workplace, and in some cases to personally distribute handouts or notices to each employee, including new hires. For your employees working remotely, posting compliance is just as important, so make sure to think about remote workers in your compliance strategy. 

When it comes to all of the notices that must be personally distributed to your employees, it’s important to understand that these notices are separate and apart from labor law posters but equally as important in the eyes of the law.

Given the growing number of posting and handout requirements, the increased rate of changes, and the penalties and risks associated with non-compliance, I recommend partnering with a reputable poster and handout provider that ensures full coverage for federal, state and local compliance, as well as automatic updates/replacements whenever mandatory changes occur. These employee notification services address traditional employment laws such as paid leave and harassment, as well as the surge of new requirements in response to the pandemic addressing issues such as wage changes, furloughs and lay-offs, unemployment insurance, emergency leave, and more.

I want to extend a huge thanks to Ashley for sharing her knowledge with us. And I agree with her about the benefits of partnering with a poster and handout provider as part of the organizations’ compliance strategy.

A poster subscription service like Poster Guard® Compliance Protection can ensure full federal, state and local coverage, no matter how many legislative changes occur in a year. And a Mandatory Employee Handout Service provides electronic access to all of the latest mandatory notices required by federal, state and local laws.

Compliance is important. That’s exactly the reason organizations should consider a compliance partner. During a period of time when we need to be focused on working with the business to reopen and welcome employees back, it can be comforting to know that the compliance pros have our backs.

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3 Questions Every Business Should Ask to Create Focus

I’m already starting to see articles about how important it will be for organizations to do some sort of debrief once everyone is back in the office with a focus on what’s taken place (or not happened) over the past few months of remote work and physical distancing.

It reminded me of a presentation I heard a couple of years ago with Kat Cole, former president of Cinnabon. She shared three questions that organizations can ask themselves as a way to create focus. What I like about these three questions is that they can be examined on a regular basis to help organizations create a new path for themselves.

What do we need to stop doing? I understand this question is easier to say than to do. But it’s a question worth asking. Organizations might want to break the answers into two categories: physical items and non-physical items. The physical items could include a product that has been underperforming or reducing the amount of office space. Non-physical items might focus on a policy, procedure or guideline that doesn’t bring value anymore.



What are people telling us? When we think of people, we need to consider both customers and employees. Organizations want to know what it will take for customers to spend more dollars with them. If the company doesn’t know, they will want to find out. On the employee side, it’s the same thing. Organizations want to know what it takes to hire the best talent and keep them. If they don’t know, then it will be important to start asking questions to find out.



If the organization could only change one thing to make work better, what would it be? Candidates and employees will say it differently but look for the trends in their comments. It could be better onboarding, more defined career paths, or improved benefits to achieve work/life balance. The comments could also focus on delivering a better customer experience. Organizations that create better work environments could have greater employee productivity which leads to better business outcomes.

The answers to these three questions will help the organ establish priorities. The answers become the big hairy audacious goal (BHAG) that teams need for high performance. Again, what I like about Cole’s questions is that organizations can regularly go through this focus exercise. This might be something the company wants to consider as everyone is coming back to the office. But then do the exercise again a few months later as the company is increasing their operational levels. The plan can be revised regularly.

There’s one more thing that Cole mentioned during her presentation that is essential. As we spent time checking-in with customers and employees, don’t forget to check-in with yourself. These three questions can be used for individuals as well as organizations. What should I stop doing? What are other people telling me (about myself)? And if I could change one thing to make my work better, what would it be? In fact, it might be interesting to ask employees to come back to work with those answers. And what would that tell the organization?

There will be a time in the future when organizations need to do a debrief about what’s happening now. I don’t know that the time is today. But it might make some sense to start noodling how that debrief will take place and the questions that need to be asked. Because the answers will help the organization and its employees focus on being more successful moving forward.

Image captured by Sharlyn Lauby while exploring the Wynwood Arts District in Miami, FL

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