Quick Hits - July 21,2021 - American Society of Employers - ASE Staff

Quick Hits - July 21,2021

Are new hires ghosting you? A recent EPTW poll of the week revealed that in the last 3-6 months, 88.2% of our readers have been ghosted by an applicant or new hire.  In Korn Ferry’s new survey, nearly a third of participating U.S. retailers say at least 25% of the candidates they hire to staff their distribution centers have ghosted them. Hotel chains and restaurants that expected their new waitstaff to be on the job are having to scramble to take orders and clean tables when the new crew doesn’t materialize. Even some highly compensated workers in India are either not showing up for their first day on the job or declining the job they were offered—a day before they were supposed to start. Conversely, in a job-search survey, 28% of employees say they’ve left employers hanging in 2020, up from 19% in 2019. Usually, candidates disappeared much earlier in the recruitment process. Of the people who said they blew companies off, 46% didn’t show up for a job interview, and 48% just said they stopped communicating. The next few months could create more difficulties for firms. For one thing, since many firms have simplified and digitized their job applications, more and more candidates are applying for multiple jobs at once, says Marc Wallace, a Korn Ferry senior client partner.  And any variation in pay could make a difference with showing up or not.  Source:  Korn Ferry 7/1/21

Halfway through the year, workers will take more time off than in past:  Workers this year are looking forward to a break. 79% of respondents to a survey by organizational consulting firm Korn Ferry said they intend to use more vacation days this year than in years past, and 82% said they would appreciate their vacation more post-pandemic. 82% also said they would check in with work less frequently than in the past. While these responses show employees embracing a greater work/life balance than in years past, other results demonstrate that many employees still end up working during paid time off. 56% said they had canceled, delayed, or cut short vacation plans due to work demands; 61% said they typically check in with work at least once a day while on vacation; and 42% reported having had a disagreement with their spouse about being too connected with work while on vacation.   Source:  HR Dive 7/1/21

Ontario severance is based on global, not Ontario payroll:  Ontario's Employment Standards Act, 2000 ("ESA") entitles an employee to severance pay upon severance of employment if the employee was employed by the employer for five years or more and the employer has a payroll of $2.5 million or more.   There have been conflicting decisions over the years around the calculation of the $2.5 million payroll threshold under the ESA and whether an employer's payroll outside of Ontario is included. The recent decision of Hawkes v. Max Aicher (North America) Limited says that an employer's global payroll must be used in the severance threshold calculation. Unless the decision is successfully appealed, employers must now take note of their global payroll for the purpose of determining entitlement to severance pay under the ESA.  Source: Fasken 7/5/21

Virginia requires new posting on reasonable accommodations:  The Virginia Office of Civil Rights has issued its new poster for employers regarding reasonable accommodations for employees with disabilities. Starting July 1, 2021, covered Virginia employers must post this poster in a conspicuous location and provide a copy of the poster to any employee who discloses they have a disability, within 10 days of that disclosure.  The poster clarifies that the law applies to employers with more than five employees for a 20-week period in the current or preceding year.  Source: Jackson Lewis 7/1/21

Nevada enacts law that requires pay reporting in job listings: Effective October 1, 2021, Nevada will require employers to provide wage or salary range or rate information to new hire applicants and to employees who apply for promotions or transfers.  The Nevada law follows the nationwide trend toward greater pay transparency and similar wage range disclosure laws in California, Colorado, Connecticut, Maryland, Washington State, the City of Toledo, and the City of Cincinnati.  Similar to laws in Connecticut, Colorado, and Washington, the law will require disclosure to applicants and, to some extent, current employees.  Under the new law, Nevada employers and employment agencies must proactively provide the “wage or salary range” or “rate” for a position as follows:  to applicants who have completed an interview for a position; to current employees for a promotion or transfer to a new position if the employee has applied for the promotion or transfer; to current employees who completed an interview for the promotion or transfer or have been offered the promotion or transfer; and to an applicant who requested the wage or salary range or rate for the promotion or transfer.  “Wage or salary range” and “rate” are not defined in the law.  Seyfarth Shaw 6/30/21

Colorado locations take note – time off must be paid out regardless of type of termination: In a highly anticipated decision, the Colorado Supreme Court has concluded that, under the Colorado Wage Claim Act (CWCA), Colorado employers must pay employees for all earned and accrued vacation time at separation, even if company policies expressly provide for forfeiture of unused time. Nieto v. Clark’s Mkt., Inc., 2021 CO 48, 2021 Colo. LEXIS 423 (Colo. June 14, 2021).  Colorado law is similar to Michigan in that paying unused time off is not required, but if it is provided for, forfeiture policies are not applicable.  Source: Jackson Lewis 6/29/21

Illinois biometric law leads to $10 million settlement:  Walmart Inc. has agreed to pay $10 million to resolve claims that it violated Illinois' landmark biometric privacy law when it required workers to scan their handprints to access cash registers without obtaining informed consent, in a deal approved by a Chicago state court judge.  The now-certified class consists of current and former employees who worked at a Walmart Store, Super Center, Neighborhood Market, or Sam's Club in Illinois, and who used the palm scanner system without first providing written consent between January 28, 2014, and February 28, 2018, for a Walmart location and between January 28, 2014, and April 24, 2019, for a Sam's Club location.  Source:  Law360 6/29/21

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