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YOUR CAREER

Preparation is the key to a good Zoom interview

By Lynne Curry bio Question: After unsuccessfully responding to job listings on LinkedIn and Indeed.com for five weeks, I finally received a request to interview. When I asked, “Where do I meet you?” I learned I’d be interviewed via Zoom. I’ve had bad experiences with Zoom. For some reason, they have my name misspelled; I’ve tried but haven’t been able to fix this. I can’t even get into my Zoom account; my password’s at my former office and Zoom insists on sending the password reset to my former, extinct email. And I find it distracting looking at my face when I’m speaking. My brother-in-law promises to help me fix the name thing, but I’m even more panicked about the interview itself. I need this job and need to know how… . . . read more.

EMPLOYMENT LAW UPDATE

COVID, opioids and payroll taxes on HR radar

By Mike O’Brien bio  Applicants, testing, and screening The EEOC has said you cannot test applicants for COVID-19 until after a conditional job offer. Fine, makes sense. What about taking temperatures? You can take a temperature of visitors to your business/office to make sure they are not bringing COVID-19 with them. In fact, you may have an OSHA duty to do so to protect your workers from the pandemic. What about applicants visiting your office to apply to interview—can you subject them to the same temperature screening as all other visitors? Logic would say yes; but the EEOC guidance says no, you can only take an applicant’s temperature after a conditional job offer. Yet, a visiting applicant with COVID-19 could turn your office into a virus hot spot, thus attracting… . . . read more.

COVID & TELEWORK

Are employers responsible/liable for an employee’s home ergonomics, safety and expenses?

By Lynne Curry bio Question: COVID-19 has caused employers large and small to require the employers work from home rather than their employer’s worksites. Word has it that this may continue beyond weeks and months and become the new normal. What is my employer’s responsibility/liability for workplace ergonomics and safety when my home becomes my workplace? Do they need to compensate me for my expenses in upgrading my Wifi and getting a new office chair? Answer: “That depends,” says FisherBroyles management-side employment attorney Eric Meyer. According to Meyer, because the “Occupational Safety and Health Act (OSHA) ensures safe and healthful working conditions–even outside of the normal workplace, employers technically have a duty to protect remote workers at home.” “But in reality,” notes Meyer, OSHA won’t inspect employees’ home offices. Additionally, OSHA… . . . read more.

COVID-19

Can my employer fire me for going to a bar or do I have any freedom left?

By Lynne Curry bio  Question: My employer sent a two-part email to every employee last week. “As you know we’ve had a local spike in COVID-19 infections. The health department has provided a list of the establishments, primarily bars, where COVID-19 individuals spent extended time. The health department asks that anyone who was in these businesses during these times monitor themselves for symptoms, check their temperatures twice daily for 14 days and avoid potentially exposing others who fall into high-risk categories for COVID-19 vulnerability. Please comply with this guidance.” That was okay, but then the email obligated me as an employee to offer up personal information. “We have learned that a bartender at (named) bar has tested positive and was serving customers on ____ date and between ____ p.m. and… . . . read more.

WORKPLACE SAFETY

Coworker exposed all of us to COVID-19

By Lynne Curry bio Question For weeks, “Carolyn” told the five of us in our department that she had allergies whenever any of us asked her about her sneezing. She worked with us in the same building, used the same copier, restroom and office fridge and handled the same coffeepot. I tried to avoid her because she kept forgetting her mask and didn’t seem to understand what six feet of separation meant. I saw that she didn’t use sanitizing wipes after she used the copier or coffeepot, so I wiped the copier before I used it and started bringing my own coffee from home. I didn’t talk with the others about this because I’m not a gossip. I regret that now. Because Carolyn’s and my job overlapped and I have… . . . read more.

EMPLOYMENT LAW UPDATE

Here’s new guidance on COVID-19 and FLSA

By Mike O’Brien bio For managers in charge of HR, the so-called lazy days of summer have been anything but lazy, as they strive to adapt to the COVID era and stay up to date on seemingly constant new government guidances. The Department of Labor has provided more information for employers regarding pandemic-related wage and hour issues. Specifically, the agency answered questions about hazard pay, FLSA’s overtime and minimum wage exemptions, and what time is compensable with respect to pandemic-related telework arrangements: DOL notes that hazard pay is not required under FLSA, but may be required under state or local laws, collective bargaining agreements, or company policies. DOL makes clear that taking leave under the Families First Coronavirus Response Act (FFCRA) will not jeopardize an employee’s exempt status under FLSA’s… . . . read more.

COVID-19

So, your employee wants to stay on unemployment

By Paul Edwards bio It’s been a few of months of COVID chaos and business owners across America are thinking about what it’s going to take to reopen their businesses—and the economy, in general. Of course, the first piece of that equation involves recalling your employees who have been temporarily furloughed or laid off. And, since one portion of the CARES Act included an additional $600 per week to anyone collecting unemployment benefits, one common question we’re hearing is, “What if my employees refuse to come back to work because they want to keep collecting unemployment?” Usually, this question seems to be based on a misunderstanding of how unemployment benefits work. Generally speaking, if your employees refuse work in favor of collecting unemployment benefits, they will likely not be eligible for… . . . read more.

EMPLOYMENT LAW UPDATE

Supreme Court ruling extends workplace protections to LGBTQ workers

By Mike O’Brien bio SEXUAL ORIENTATION AND TRANSGENDER STATUS NOW ARE PROTECTED CLASSES NATIONALLY: Federal civil rights law protects gay, lesbian, and transgender employees, the United States Supreme Court announced June 15 in a landmark ruling. The historic decision will extend workplace anti-discrimination and anti-harassment protections to about 8 million LGBTQ workers nationwide. The ruling also vindicates a position long taken by the federal Equal Employment Opportunity Commission (EEOC). It is a defeat, however, for the Trump administration, which opposed the EEOC. President Trump instructed the Department of Justice to argue that the provision of Title VII of the Civil Rights Act that bars discrimination based on sex did not extend to claims of gender identity and sexual orientation bias. This led to the odd circumstance where two parts of the same government argued for opposite… . . . read more.

YOUR CAREER

Job searching during a pandemic

By Lynne Curry bio The career worst has happened. You lost your job during a pandemic. You suffer through the “sorry to tell you” call from your supervisor. When he says “take care of yourself,” you respond, “You take care too.” Then you sit frozen. When every employer is furloughing or laying or workers, how the heck are you supposed to get a new job? You spend the hours it takes to sign up for unemployment, and circle the date on your calendar when you need to have a new job. You spend a day cleaning up your resume and the next three days sending it out to every job you find posted in Indeed.com. No employer calls you. You call a few of your still-employed friends. They check with… . . . read more.

CODING ALERT

Physicians should consider these overlooked codes

By Lisa Eramo bio It’s a common complaint heard among primary care physicians: Evaluation and management (E/M) codes don’t adequately capture the time, skill, and resources necessary to plan and coordinate care for patients with complex medical needs. Although new, streamlined E/M guidelines for 2021 may help, several existing remedies can enable physicians to capture additional revenue for the services they provide. More specifically, the U.S. Government Accountability Office (GAO) has published a list of 58 CPT codes that fall under the category of “longitudinal comprehensive care planning” (LCCP) for Medicare beneficiaries diagnosed with a serious or life-threatening illness. These codes include elements of shared decision-making through interdisciplinary care as well as development of a care plan to address the following: Progression of the disease and treatment options Beneficiary’s goals,… . . . read more.


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