Quick Hits - January 12, 2022 - American Society of Employers - ASE Staff

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Quick Hits - January 12, 2022

2021 EEO-1 reporting to begin April 12: According to the EEOC, the 2021 EEO-1 Component 1 data collection is tentatively scheduled to open on Tuesday, April 12, 2022. The tentative deadline to file the 2021 EEO-1 Component 1 Report is Tuesday, May 17, 2022.  Updates regarding the 2021 EEO-1 Component 1 data collection will be posted to www.EEOCdata.org/eeo1  as they become available.

OSHA 300A reports due March 2: Employers must electronically submit 2021 injury and illness data from OSHA Form 300A by March 2 if they have 250 or more employees and are currently required to keep OSHA injury and illness records or 20-249 employees classified in specific industries with historically high rates of occupational injuries and illnesses.  OSHA's Injury Tracking Application webpage has more information about this reporting and is the portal to submit data online. When electronically submitting OSHA Form 300A, you must provide your Employer Identification Number

What would you do with more time off? On average, employees in the U.S. take 14 days off per year, while workers in European countries like Spain, France, Germany, and even the U.K. take 24 days, according to workforce tech solutions company Skynova. The disparity isn’t a surprise, since the U.S. does not federally mandate paid vacation or holidays, leaving it up to the discretion of employers. The EU, on the other hand, requires at least 20 days of vacation for all employees while the U.K. requires 28 days. Skynova’s survey of nearly 1,000 people across the U.S. and Europe found that despite getting fewer days, 70% of U.S. employees felt they received enough time off from work. Meanwhile, 53% of Europeans reported feeling satisfied with their PTO. According to Skynova, 40% of Americans reported that their workload prevents them from taking vacation time, while nearly 30% did not feel they could access their sick time for the same reason. In European countries, only 24% of employees felt their workload affected their accessibility to vacation time, and 17% felt similarly about sick time.  Source:  EBN 1/4/21

Wage fixing a big issue in 2022: After years of promising that it was no longer satisfied with purely civil enforcement and would be pursuing labor-side criminal enforcement as well, the Department of Justice declared the first such indictment in late 2020.  The department has also brought charges against alleged wage-fixing, with most charges so far brought in the healthcare space. In December, the DOJ also crucially announced a major expansion of its prosecutions in the form of criminal charges beyond the healthcare space, accusing an apparent former Pratt & Whitney global engineering services director of participating in a conspiracy to restrict the hiring of engineers and other skilled laborers working for engineering services suppliers. The DOJ likely won't be alone in targeting labor-side conduct as anticompetitive in the new year. The Federal Trade Commission has similarly expressed an interest in protecting workers, including through rulemakings.  Source:  Law360 1/3/21

What if an exempt employee violates COVID requirements such as masking? According to the U.S. Department of Labor, an employer may only dock an exempt employee's pay for penalties imposed in good faith for infractions of safety rules of major significance. Safety rules of major significance include those related to the prevention of serious danger in the workplace or to other employees, such as rules prohibiting smoking in explosive plants, oil refineries, or coal mines. A deduction from pay as a penalty for violating a safety rule of major significance can be made in any amount. Deductions from the pay of an exempt employee may be made for suspensions of one or more full days imposed in good faith for disciplinary reasons for infractions of workplace conduct rules. Such disciplinary deductions may only be made in full-day increments.  Source: USDOL

Managers are part of the great resignation: Almost half of resignations are at the manager and director level, according to new research from HR platform HiBob and freelance talent platform Fiverr. 56% of respondents said that in the last six months, the people leaving their companies are between ages 36 and 45, while 37% said that people leaving are between ages 26 and 35. “Employees are leaving for better pay, better flexibility, better opportunities, and better culture,” says Ronni Zehavi, CEO of HiBob. “Leaders have more to win because the market is really seeking management talent. There’s a higher chance for them to find exactly what they want compared to other employees because they've got the experience.” Managers are people too; they really care about flexibility as much as entry level employees. For managers with children, the impact of the pandemic is even more significant because they really have higher challenges than other employees.  Source: EBN 1/3/21

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