All posts by stu

Coronavirus, Department of Labor, Federal Contractors, Human Resources, OSHA, Risk Management, Safety

OSHA’s Emergency Temporary Standard (ETS) requiring COVID-19 Vaccines Blocked by Supreme Court

On Thursday, January 13, the U.S. Supreme Court issued 2 decisions related to the Biden Administration’s push to require vaccines against COVIA-19 for the U.S. workforce. First, the Court stopped the enforcement of OSHA’s Emergency Temporary Standard (ETS) that mandated that employers with 100 or more employees to require vaccines, or require weekly testing of those not vaccinated. The OSHA ETS took effect on January 10, 2022, but was halted by the Supreme Court decision. The Court stated that OSHA must have clear authority from Congress before implementing such a broad and wide rule (affecting an estimated 84 million workers). Read more (NFIB v. OSHA).

However, the Supreme Court refused to stop enforcement of the Biden rule withholding Medicare and Medicaid funding from medical facilities that do not ensure that their staff is vaccinated against COVID-19 (unless exempt for medical or religious reasons). The Department of Health and Human Services (HHS), which administers Medicaid and Medicare, has a core function of protecting patients’ health and safety, so the mandatory vaccine rule could be a reasonable exercise of its authority. Read more (Biden v. Missouri).

The vaccine mandate for federal contractors was not addressed in either of these decisions. That Presidential executive order was halted by several federal courts because there is a question about whether the law that gives the President authority to promote economy and efficiency in federal contracting, can justify a vaccine requirement.

As things stand today, the OSHA ETS mandate for vaccines or testing at large employers is not enforceable, but the HHS mandate for vaccines of staff at medical facilities receiving Medicare and Medicaid reimbursement is enforceable.

General HR Questions, HR Compliance, Human Resources, W4, Wellness program

HR Checklist for 2022

Time to check in on your HR fitness for 2022. Now that we have closed out 2021, and started 2022, the human resources and payroll departments need to take some important January actions to ensure a smooth transition into 2022. We have a 10 point HR checklist to help your company get up to date with fast-changing federal and Florida rules and regulations. Read about 2022 payroll updates.

  1. Update New Hire Packet with 2022 documents. Replace your W4 with the 2022 version. Optional – send a W4 to existing employees to see if they would like to make changes for 2022.
  2. Ensure your current current Form I-9 is being used (expiration date for 2022). An update, or change, will be coming later this year.
  3. Go through I9 binder, or folder, to purge old I9 forms. The retention rule is a minimum of 3 years of 1 year after termination, whichever is longer.
  4. If insurance renewed January 1, update the Heathcare Exchange form (mandated by ACA) with current group health insurance renewal information (contribution cost and eligibility) on page 2.
  5. Update COVID policy, to reference latest CDC updates (recent update on shortened isolation/quarantine period issued December 27).
  6. Review, update and post the updated observed holiday schedule for 2022.
  7. Review recruiting and retention strategies for 2022 to keep up with the market changes. COVID has made an impact on the workplace and the Great Resignation is expected to continue into 2022. Check market rates for key positions.
  8. Review Employee Handbook for updates. Did employee count increase or decrease? Policy changes?
  9. If you are a federal contractor, with direct federal contracts, minimum wage will increase to $15.00 an hour in January 2022.
  10. If you are an employer who provides mileage, review the new rates effective January 1st, 2022.
Contagious disease, Coronavirus

CDC Updates Quarantine and Isolation Periods for COVID-19

On December 27, the Centers for Disease Control and Prevention (CDC) released new guidance for employers on how long employees should quarantine and self-isolate after a positive COVID-19 test, and after close contact with a positive COVID-19 person.  Here is the update:

If you test positive for COVID-19: The CDC shortened the recommended time for isolation for people who test positive for COVID-19 from 10 days to 5 days if asymptomatic (or symptoms are resolving after 5 days), with 5 days of wearing a mask after the quarantine period.  The science behind the change is that COVID-19 transmission occurs 1-2 days before symptoms and 2-3 days after. Individuals who test positive must isolate for 5 days and wear a mask for another 5 days in public.   A person with fever should stay home until the fever resolves.

If you are exposed to COVID-19 unvaccinated or have not received a booster: If you are exposed to COVID-19 (close contact), the recommended quarantine period has been updated for those who are unvaccinated or are more than six months out from their second vaccine shot (or 2 months after the Johnson and Johnson vaccine) and have not been boosted. Those individuals are recommended to isolate for 5 days and after that wear a mask for another 5 days in public.  If the quarantine cannot occur, one who has been exposed to COVID-19 must wear a mask for 10 days after exposure.  Test on day 5 if possible.

For employees that have been vaccinated within the past 6 months, or have been boosted, or completed Johnson and Johnson within the past 2 months, no quarantine is needed – but wear a mask for 10 days and get tested on day 5, if possible.

Compensation, Hiring, Job Post, Retention, Salaried employees

Salary Reports: How much should employees be making?

December is here and we are approaching the end of 2021.  At year end, employees start looking for raises or begin thinking about a new job for next year. With the ongoing pandemic and growing inflation news, employers must do their research to stay competitive.  According to the Harvard Business Review, employees between 30 and 45 have had the greatest increase in resignations during the “Great Resignation”.  Job advertisement with uncompetitive wage rates have low response rates, and if you are lucky to schedule an interview, you may get ghosted by the applicant.  Quality applicants are looking for competitive wages and benefits.  Because recruiting and retaining employees remains extremely tough today, staying up to date with local pay rates is critical.  HR can help you stay competitive. 

Recently, ConsultStu had a client reach out to us regarding salary information for an Account Executive position. The position was going to be posted on Indeed, one of the most popular and well-known job boards.  The client wanted to ensure that the salary advertised in the job post was reasonable and competitive to the other Account Executive positions in the area.  Consultstu reviewed the job description, researched wage data from a variety of open-source resources and created a salary report.  The data confirmed that the company’s salary figure was below market and adjustments were made. 

At ConsultStu, we have provided salary reports for numerous companies and job positions including Account Executive, Administrative Assistant, Warehouse, Bookkeeper, Software Developer, Safety Director, and more.  ConsultStu reviews the job duties and matches the position to the federal job classification system maintained by the Department of Labor’s O*Net online system.  Free salary data matching job classifications is available from the Florida Department of Economic Opportunity.  We mix government data together with a variety of online data from both employer and employee submitted data.  Using a various wage data, we are able to provide clients with an accurate salary that is up to date for your location.  Contact us today if you need salary information for your business needs.  

Hiring, HR Compliance, I9 Form, New Hire, USCIS

Remote I9 Document Review Approved thru April 2022

The U.S. Immigration and Customs Enforcement (ICE) recently announced that it has extended its temporary policy allowing employers to inspect Form I-9 documents virtually through April 30, 2022. This policy has been extended a dozen times since it was originally issued in response to the COVID-19 pandemic. If your business continues to operate remotely, you are allowed to postpone in-person physical inspection of documents that normally happens when completing the Form I-9, and do the review virtually (via email, chat, fax, videochat, etc…). Here’s the catch. When an employer resumes normal operations, all employees who were onboarded using remote verification must report to their employer within three business days to present their documents for in-person inspection. And, if there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. Read more about the ICE compliance flexibility extension. ICE is also considering permanent rules to allow for remote document inspection.

Coronavirus, Florida rules

FL Governor Ron DeSantis Signs Legislation Regarding Vaccine Mandates

In response to the federal government’s recently created COVID-19 vaccine mandates, Governor Ron DeSantis signed bills that affects the impact of this new legislation for the state of Florida. The bills passed during the legislature special session on November 15-17, related to employee protections and parental rights relating to COVID.  The first bill states that health decisions for children are fully the right of the parent. The bill also prohibits COVID-19 vaccination mandates for employees who work in government and public education.  With respect to private-sector employers, a company can require mandatory vaccinations, but it must offer various exemptions to employees.  The exemptions include medical reasons, religious reasons, using personal protective equipment (PPE), immunity based on prior COVID-19 infection, and complying with regular testing which cannot be charged to the employee. The Florida legislature also authorized funds to purse litigation against the federal government over vaccine mandates by the Centers for Medical Services and the Occupational Safety and Health Administration (OSHA).

If companies with less than 100 employees do not follow the new law, they may be fined $10,000 per violation.  Larger companies may be fined $50,000 per violation. ConsultStu will keep monitoring the situation and update employers when the Department of Health (DOH) releases the new emergency rules to implement the new law. Read the full notice.

Hiring, Job Post, Recruiting

Tips for Recruiting

Filling open job positions in 2021 has become more complicated than in recent years due to the pandemic and the way the workplace has evolved. Many people are labeling this time as “The Great Resignation” and workers are beginning to prioritize remote positions over going into the office. Research conducted by PWC states that 65% of employees are looking for a new job, and 88% of executives say they are seeing higher turnover than normal. Companies are exploring new ways to make recruiting more effective and to retain their talent once hired.

Here are some tips on what is working right now:

  1. Make sure the positions that you are advertising are accurate. Review your job descriptions, salary ranges, employee benefits, and your company culture.
  2. If you advertise your openings on your website or on job boards, ensure that the postings are up to date. Applicants may be less likely to apply to jobs that have been open for several months.
  3. Look into providing sign on bonuses or developing a referral program. This will help incentivize employees to share with friends and family that there are jobs available.
  4. Use social media. Keeping your social media pages like Instagram, Facebook, and LinkedIn up to date can help drive business to your company. It is also a great way to advertise job opportunities.
  5. Work hard to retain the talent you have or have a plan to replace them if necessary. It is possible that your talent is being sought out after by other companies via LinkedIn or email. Spend time building company culture and pay them compensation that remains competitive within your market.

Currently, it is taking longer and costing more now than it has before to attract and retain talent. Take time to review and develop your recruiting processes to attract the right candidates. Read more about this topic here.  

Minimum Wage, Posters

Florida’s Minimum Wage Increases to $10.00 an hour on September 30, 2021

The increase to the state of Florida’s minimum wage is effective on September 30, 2021. The new minimum wage will increase to $10.00 per hour, and at least $6.98 per hour for tipped employees. All employers must pay their employees the hourly state minimum wage for hours worked. If the employer does not pay the employee the minimum wage, civil action may take place against the employer for a violation of Florida’s minimum wage law. Every September 30 following, the minimum wage will increase $1.00 an hour until 2026. The vote for the increase of Florida’s minimum wage occurred on November 3, 2020, where Amendment 2 was approved by Florida voters.

View the official notice and minimum wage schedule here. As an employer, remember to update your minimum wage poster.

CDC, Contagious disease, Coronavirus, Safety, Vaccines

CDC’s New Guidelines for Fully Vaccinated People

COVID-19 cases on the rise again, driven by the infectious Delta variant.  Based on these rising numbers, the CDC released new guidelines for fully vaccinated people on July 27. According to the CDC, about half of the US population is fully vaccinated, so make sure you are aware of the updated guidelines as an employer. The Mayo Clinic has an online vaccine tracker to follow the U.S. vaccine rollout and compare progress across states.

The CDC now recommends fully vaccinated people wear a mask indoors in public areas if they are in an area of substantial or high transmission. Here is a map to locate your area and transmission status.  The guidance does not define “public areas”, but it has been interpreted as including businesses and workplaces.

The CDC also recommends that fully vaccinated people should wear a mask if they are at an increased risk, such as being immune-compromised or if they have a family member who is.

If a fully vaccinated person has close contact with someone who has COVID-19, they should get tested 3-5 days after the exposure, even if they don’t have symptoms.  They should also wear a mask indoors in public for 14 days following exposure or until the test result is negative. If a vaccinated person tests positive for COVID-19, they should isolate for 10 days, consistent with the existing guidance for when a sick person can be around others.  For teachers and students in school, the CDC recommends masks regardless of vaccination status.

In May, Governor DeSantis signed an Executive Order (21-102) that says that “no county or municipality may renew or enact an emergency order or ordinance, using a local state of emergency … that imposes restrictions or mandates upon businesses or individuals due to the COVID-19 emergency.” It superseded any local orders requiring masks or limiting hours or capacity at bars and restaurants. In a related Executive Order, he invalidated any orders issued by a political subdivision due to the COVID-19 emergency which restricts the rights or liberties of individuals or their businesses. Your business can still implement its own mask mandates, physical distancing or other business restrictions.

Make sure you stay up to date with the CDC guidelines and update your business COVID-19 policy.  View the full guideline here.

CONNECT, HR Compliance, HR Costs, HR software, Unemployment

How to Create an Account with CONNECT

Are you a Florida employer in need of a CONNECT account? CONNECT is Florida’s Reemployment Assistance claims system. All Florida employers should set up an account to login and see their claims and questionnaires in one place.  You will be able to respond online to all inquiries regarding claimants and file a protest against an incorrect benefit charge. Employers can also submit paper files or electronic forms when it is related to an appeal.  You will have a record of your filings and it is the quickest way to learn results.  Interested?  Here are the directions to set up an account.  

  1. Go to the DEO Web site: http://www.floridajobs.org  
  2. To set up new access to the CONNECT system, contact the Employer Assistance line and ask for the set up. They ask that the authorized company representative be the person to set up the account. 
  3. Employer Support Unit line is 1-877-846-8770 
  4. Press 5, for “other assistance” 
  5. If you have the reemployment tax number, enter it 
  6. They will ask for your name and email (they need the company contact) and they will send an email assigning or confirming the User ID (it will be a “ep………..” 8 digit number). 
  7. You will receive an email conformation and to finish the registration.  You can now activate and assign a password to the CONNECT account. 
  8. Click the link (only good for 96 hours) 
  9. Enter the User ID and then set up the password and security question answers. 
  10. Make notes of the information 
  11. Password needs to have at least 3 of the following – upper case letter, lower case letter, numbers and special symbols. 

If you have any questions or need further assistance setting up your CONNECT account, please give us a call at (727) 350-0370! We are always happy to help! 

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