Mask mandates end, but employers have options

With mask orders lifting around the country, many employers are left wondering what to do in their own workplace. In most communities, employers have several options, including the following:

  • Remove all masking requirements in your workplace or place of business
  • Require all employees and visitors to wear masks at all times
  • Allow fully vaccinated employees and visitors to be maskless, but require unvaccinated employees and visitors to wear masks
  • Allow employees and visitors to report their vaccination status using the honor system
  • Require employees and visitors to provide proof of vaccination status, cautioning them to provide only vaccination documentation, not other medical information

After making such decisions, employers should communicate expectations clearly to all staff and visitors. Employers should also be mindful of treating all employees fairly and with kindness and respect regardless of their masking decisions or vaccination status.

Lake Effect is here to answer your questions about preventive measures, vaccinations, and safely reopening your workplace. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Wisconsin Communities’ Face Covering Requirements Expiring

Outagamie County, Dane County, and the city of Milwaukee have joined the growing list of communities across the country that are lifting their mask and other COVID-related public health orders. Outagamie County lifted its face mask requirements on May 13, 2021. Public Health Madison & Dane County (PHMDC) announced on May 18, 2021 that its public health orders and mask requirements will expire on June 2. On the same day, Mayor Tom Barrett announced that the City of Milwaukee will lift its public health orders and mask requirements on June 1.

These announcements follow the guidance released by the Center for Disease Control (CDC) that fully vaccinated individuals can safely stop wearing masks outdoors and in most public indoor settings. The federal Occupational Safety & Health Administration (OSHA) has indicated that it will release updated workplace safety requirements for employers based on CDC’s guidance. We will keep you informed with updates from OSHA.

Without a mask mandate, employers have several options. Employers may lift all mask requirements; require masks only for individuals who are not fully vaccinated; or require masks for all employees, customers, clients, and/or others on-site. As employers grapple with the best decision for their organization, they should work with HR professionals and employment attorneys to address issues such as:

  • What is your organizational culture?
  • How do your employees feel about returning to the workplace with or without masks?
  • Are you requiring vaccines?
    • If so, have you set up a legally compliant infrastructure to address, among many other things, reasonable accommodations for disabilities and sincerely held religious beliefs, confidentiality, and consistency among your workforce?
    • If you have employees in multiple states, have you checked the laws, including local or state health orders, to ensure vaccinations can be required?
  • If you will allow vaccinated employees to work without masks, are you asking for proof of vaccination or relying on an attestation from employees?
    • Have you set up a legally compliant process for checking vaccination status?
  • If you will not require masks at all, have you adopted cleaning and hygiene protocols to ensure you can satisfy your duty to provide a safe workplace for your employees?

Lake Effect is here to collaborate with you on questions about workplace safety, employees returning to work, and employee vaccinations.

DOL Withdraws Final Rule on Independent Contractor Status under FLSA

On May 5, 2021, the Department of Labor (“DOL”) announced a new final rule withdrawing the “Independent Contractor Status Under the Fair Labor Standards Act” final rule (Independent Contractor Rule) that had been published on January 7, 2021, to take effect on March 8, 2021. Of note, the DOL is not issuing new federal guidance on independent contractor status with this new rule. The DOL indicated that the January 2021 rule “is inconsistent with the FLSA’s text and purpose, and would have a confusing and disruptive effect on workers and businesses alike. . . .” The new Rule will be published on May 6, 2021.

Employers should keep in mind that many states, including Wisconsin, have adopted their own tests for independent contractor status. These state laws can vary widely from state-to-state, and even within a state, depending upon the issue being addressed (i.e., unemployment eligibility, wage and hour, tax liability). Lake Effect continues to monitor federal and state laws and guidance relating to independent contractor status, and we will keep you apprised of developments in this area.

Lake Effect is here to answer your questions about independent contractors, FLSA, and labor laws. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please keep watching our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

EEO-1 Reporting Requirements Resume

On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) announced the reopening of the 2019 and 2020 EEO-1 Component 1 Data Collection.

As a reminder, all private sector employers with 100 or more employees, and all federal contractors with 50 or more employees meeting certain criteria must annually submit demographic workforce data, including data by race/ethnicity, sex, and job categories on the EEO-1 Component 1 report. The EEOC stayed collection of the 2019 data due to the pandemic. The deadline for submitting both the 2019 and 2020 EEO-1 Component 1 data is Monday, July 19, 2021.

The latest filing updates and additional information regarding submission of EEO-1 Component 1 Data are available at EEOCdata.org/eeo1. Employers that have received the EEO-1 notification letter should follow the directives contained therein. Eligible employers that have not received the letter may contact the EEOC’s Filer Support Team at FilerSupport@eeocdata.org for assistance. If you have questions about the EEO-1 reporting process, please reach out to any of Lake Effect’s attorneys or HR professionals.

Lake Effect is here to answer your questions about employer reporting requirements. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect HR & Law, LLC
(844) 333-5253 (LAKE)
info@le-hrlaw.com

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