The tragic mass shootings over the past several months in Paris, Colorado Springs, San Bernardino and Orlando have left many employers wondering about measures that they can or must take to keep employees safe from harm. At the same time, with the beginning of summer, employers may be concerned about natural disasters and steps that can be taken to prepare for and recover from natural disasters. Protecting your employees and your business is a core value to TotalSource.
This article discusses steps you can take to safeguard your employees and reduce your risk. ADP TotalSource can help by actively monitoring weather events to aid in protecting against natural disasters. We also stand ready to provide you with guidance on workplace violence prevention and response strategies.
The information below addresses employee safety, provides guidance with paperless tools and includes Frequently Asked Question. The basic principles discussed in this article apply when incidents of workplace violence occur or a natural or manmade disaster strikes.
Keeping Your Employees Safe - Employer Responsibilities and Employees’ Rights
Occupational Safety & Health Administration (OSHA)
The Occupational Safety & Health Administration (OSHA) has stated that each employer is responsible for the safety and health of its employees and for providing a safe and healthy workplace. Employers are required to protect employees from the anticipated hazards associated with emergency response and recovery operations and employers who do not take reasonable steps to prevent or abate a recognized violence hazard in the workplace can be cited. The resources at the end of this article provide a good starting point to prepare, respond and recover from natural disasters and workplace violence incidents.
Leave and Related Considerations
Employees impacted by natural disasters and workplace violence incidents may need time off, assistance in coping with the incident or may be involved in recovery activities in their community. Employers should affirmatively communicate resources and benefits that are available to impacted employees. Examples include:
- Health insurance (ex. information regarding the claims process)
- Family and Medical Leave Act (FMLA) leave and state leave laws that may be relevant (ex. leave to care for one’s self and family members are covered under the FMLA and some state laws provide leave for blood donors)
- Short- and long- term disability insurance
- Bereavement leave
- Personal Leave
- Military / National Guard Leave
- Other relevant Company policies
Employee Relations
Aside from technical legal issues, how an employer reacts to impacted employees will leave a lasting impression. When it comes to policy application (ex. leave and attendance policies), strict adherence to past practice is the usual mantra under normal circumstances. Employers should understand that employees directly impacted by a natural disaster or workplace violence incident may to be under considerable stress. At this juncture, any perceptions of the employer by the employees, positive or negative, are likely to be enhanced. Flexibility and thoughtfulness should therefore be top of mind for employers
Keeping Your Employees Paid
ADP TotalSource® offers no-cost tools to mitigate the risk of delivery delays and reports that you need to run your business.
- Payroll - If your employees do not have a full electronic payment, we offer two options to ensure they are paid regardless of any kind of delivery delay. We can expedite the set up for direct deposit and/or Aline paycard. Please let us know what method you prefer to always ensure that your employees are paid.
- Payroll Reports - Presented as PDFs, iReports allow you to quickly and easily analyze your data without printing. Online viewing aligns with our commitment to greener solutions which benefit everyone.
Note: In addition to the above products, if you need to reschedule your payroll, please call your dedicated Payroll Service Representative (PSR). In cases where we have an advance weather forecast, your PSR will reach out to you to evaluate schedule changes and delivery options for an upcoming weather event. They will also determine members of your team who do not have direct deposit, and facilitate the set-up of direct deposit, Aline, and iReports.
Frequently Asked Wage and Hour Questions
The following questions are commonly asked about the impact of worksite closures.
Q. How will a worksite closure impact my non-exempt employees?
A. With respect to non-exempt employees, there is generally no obligation under federal or state law to pay for time not worked. However, under some state laws, employers may have an obligation to compensate non-exempt employees under call-in/reporting pay laws, especially if the employees were not advised that they should not report to work and were denied work upon arrival at the workplace. However, if during a worksite closure a non-exempt employee performs any work, the employee must be paid for all hours worked.
Q. What is the impact of a worksite closure on my exempt salaried employees?
A. As to salaried exempt employees who federal and/or state law mandates must be paid on a "salary basis," you may not make salary deductions for absences that result from your partial-week closing of operations, including closings due to natural disasters or workplace violence incidents.
Accordingly, absent a permissible deduction, exempt employees must be paid their full salary if they perform any work in a workweek even if they miss work time due to your closure of operations. Employees need not be paid if no work is performed due to closures of the worksite for a full workweek. If the worksite is closed for a full workweek, you should advise exempt employees that they are prohibited from working if you do not want to pay their full salary wages for the workweek.
In addition, if you remain open and an exempt employee does not report to work for the full workday (and is not otherwise sick or disabled) then full day deductions from salary are permitted. That said, as a practical matter, please consider the employee relations impact of such a decision. If an exempt employee leaves work early to for example, prepare for a weather related event then you are required to pay for the full day and no deductions are permissible.
Q. How should we use paid time off (PTO) and/or vacation during a worksite closure?
A. The Fair Labor Standards Act (FLSA) does not require you to provide PTO or accrued vacation time and therefore does not regulate their use. However, state laws may bar you from forcing employees to use PTO or accrued vacation time during a worksite closure. However, if your policy specifically provides for forced use of PTO then it will likely be permitted if the policy is followed appropriately. Again, the employee relations impact of such a decision should be considered.
We recommend that you examine your vacation policy language to ensure you are not opening yourselves up to a claim that an express or implied contract limits your right to require a worker to use accrued vacation pay. Should you need assistance in reviewing your plan or would like to set up a PTO plan, please contact your Human Resources Business Partner.
Q. What additional resources are available to help my employees through natural disasters and workplace violence incidents?
A. The Employee Assistance Program is available to client employees and their dependents. The program, which is provided at no additional charge, offers face-to-face counseling with local, licensed, certified counselors and referrals to various resources for marriage/relationship, family, stress, grief and depression concerns. Please contact your Human Resources Business Partner for more information.
Resources
The resources below can be utilized to help prepare, respond and recover from natural disasters and workplace violence incidents.
Natural Disasters
- The emergency preparedness and response resources provide information on how to prepare and train for emergencies and the hazards to be aware of when an emergency occurs. The pages provide information for employers and workers across industries, and for workers who will be responding to the emergency.
https://www.osha.gov/SLTC/emergencypreparedness/
Workplace Violence
- OSHA’s workplace violence website provides information on the extent of violence in the workplace, assessing the hazards in different settings and developing workplace violence prevention plans for individual worksites. https://www.osha.gov/SLTC/workplaceviolence/index.html
- The U.S. Department of Homeland Security provides resources to a broad range of stakeholders on issues such as active shooter awareness, incident response, and workplace violence. The “How to Respond” resource materials are particularly useful to communicate response strategies to employees. https://www.dhs.gov/active-shooter-preparedness
As always please contact your Human Resources Business partner if you have any questions.