Entries with Author: Shannen Camarena

Question: Can we reduce pay because of an economic slowdown due to COVID-19?

Answer: You can reduce an employee’s rate of pay based on business or economic slowdown, provided that this is not done retroactively. For instance, if you give employees notice that their pay will change on the 10th, and your payroll period runs from the 1st through the 15th, make sure that their next check still reflects the higher rate of pay for the first 9 days of the payroll period.

Nonexempt employees (those entitled to overtime) – A nonexempt employee’s new rate of pay must still meet the applicable federal, state, or local minimum wage. Employees must be given notice of the change to their rate of pay, and some states require advance notice.

Exempt employees (those not entitled to overtime) – An exempt employee’s new salary must still be at or above the federal or state minimum for exempt employees. The federal minimum salary is $684 per week. Several states have weekly minimums that are higher than that (California and New York, for instance, are in the $1,000 per week range). The minimum may not be prorated based on hours worked.

Exempt employee reclassification – If an exempt employee has so little work to do that it does not make sense to pay them the federal or state minimum (or you simply cannot afford to), they can be reclassified as nonexempt and be paid by the hour instead. This must not be done on a very short-term basis. Although there are no hard and fast rules about how long you can reclassify someone, it is recommended that you don’t change their classification unless you expect the slowdown to last for more than three weeks. Changing them back and forth frequently could cause you to lose their exemption retroactively and potentially owe years of overtime.

Employees with contracts or CBAs – If employees have employment contracts or are subject to collective-bargaining agreements (CBAs), you should consult with an attorney before making any changes to pay.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 30-day trial here.

As we continue working from home—isolated from loved ones, juggling work/life balance and trying to make sense of this seemingly never-ending pandemic—stress levels are at an all-time high. So it’s more important than ever to ensure the well-being of your workforce.

The harmful side effects of long-term stress can lead to increased absenteeism, poor work quality and decreased morale. Taking the time to show you care about your employees’ mental health, by developing activities and resources that help alleviate stress, can create a sustainable, positive workplace.

Without effective mental health resources in place, it could cost your organization its best employees. Uncover 7 Tips to Keep Your Nonprofit Employees Mentally Sound to help foster an engaged workforce during these uncertain times.

 

Would you like access to more HR-specific articles, templates and checklists? Sign up for a FREE 60-Day UST HR Workplace Trial today! (Use priority code “2020HR-Content” to expedite your request).

For over three decades, UST has been providing nonprofits with HR solutions that help manage day-to-day workforce issues, ensure compliance, and maximize employee bandwidth. By offering essential tools such as the job description builder, customizable online employee training tracks, and onboarding checklist, UST helps nonprofits maximize productivity and increase employee engagement.

As part of UST’s ongoing efforts to strengthen and educate 501(c)(3) organizations, we’re excited to announce the recent launch of our newest short video—designed to provide a snapshot of UST’s cloud-based HR platform. About a minute long, this video highlights tools that allow nonprofit employers to navigate the many complex realms of human resource management with ease—including recruitment and employee training.

Check out our newest video today to discover how our virtual HR services can help streamline your nonprofit’s HR processes and simplify day-to-day tasks—so you can focus more time on what matters most: keeping your mission-driven initiatives moving forward.  

Test drive UST’s online HR platform today and explore some of these essential HR checklists and training solutions for yourself! Sign up for your FREE 60-Day HR Trial here!

UST releases a new eBook, focused on positive brand perception in today’s increasingly competitive job market.

Founded by nonprofits, for nonprofits, UST publishes an eBook that discusses the importance of ensuring you have a solid brand reputation and why. This insightful eBook uncovers strategies that nonprofit employers can utilize to attract employees that fit their organization’s culture, mission, and values—and keep them.

Available now for download, UST’s eBook explores 5 key strategies that can help strengthen your organization’s culture through inclusivity, innovation and trust.

You’ll also discover:

  • Why it’s important to evaluate your employer’s brand
  • How to increase productivity and improve bandwidth
  • Methods to create cultural diversity in the workplace

Don’t miss your opportunity to download your complimentary copy of “A Collective Strength: Strategies to Secure Nonprofit Endurance” to discover how to attract better talent and promote a diverse and inclusive workplace.

Question: Some of our employees have said they don’t feel safe returning to work. Can we just permanently replace them?

Answer: We recommend extreme caution when deciding to replace an employee who refuses to work because of concerns about COVID-19. Generally, employees do not have a right to refuse to work based only on a generalized fear of becoming ill if their fear is not based on objective evidence of possible exposure. However, under the current circumstances, where COVID-19 continues to be a threat across the country, we think it would be difficult to show that employees have no reason to fear coming in to work, particularly but not exclusively in a location with a shelter-in-place rule. Returning employees may also have certain rights under state and federal law. Here are few things to keep in mind:

  • Recalled employees may have a right to job-protected leave under a city ordinance, state law, or the federal Families First Coronavirus Response Act (FFCRA). See our overview of the FFCRA.
  • Employees who are in a high-risk category — either because they are immunocompromised or have an underlying condition that makes them more susceptible to the disease — may be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA) or state law if their situation doesn’t qualify them for leave under the FFCRA (or if they have run out of that leave). It would be a reasonable accommodation under the circumstances to allow the employee to work from home or take an unpaid leave, if working from home is not possible.
  • Employees who live with someone who is high risk are not entitled to a reasonable accommodation under federal law, but we strongly recommend allowing them to work from home if possible or take an unpaid leave. Otherwise, they may decide to quit and collect unemployment insurance. If you want to keep them as an employee, being compassionate and flexible is your best bet.
  • Under Occupational Safety and Health Administration (OSHA) rules, an employee’s refusal to perform a task will be protected if all of the following conditions are met:
    • Where possible, the employee asked the employer to eliminate the danger, and the employer failed to do so;
    • The employee refused to work in “good faith,” which means that the employee must genuinely believe that an imminent danger exists;
    • A reasonable person would agree that there is a real danger of death or serious injury; and
    • There isn’t enough time, because of the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.

Check state and local law to see if additional protections may apply.

Instead of replacing employees who express fear at this time, we recommend that you consider methods to encourage employees to come to work and to help put their minds at ease. Consider emphasizing all of the safety methods you have put in place (such as scheduled handwashing, frequent disinfection of surfaces, social distancing rules, reduced customer capacity, staggered shifts, or more extreme measures if warranted by your industry). We recommend relying on the Centers for Disease Control and Prevention (CDC) and local health department guidance for establishing safe working conditions at this time. You might also consider offering premium pay (a.k.a. hazard pay) or additional paid time off for use in the future to employees who must come to work.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.

 

Are you still trying to figure out how to navigate the uncertainty of COVID-19 and its impact on your nonprofit and its employees? When you download UST’s new employer guide, 3 Critical Steps to Maintain a Resilient Nonprofit During COVID-19, you’ll discover helpful tips on maintaining your nonprofits operations during the current pandemic and beyond.

This short employer guide shares valuable insights and key strategies for securing your brand during times of crisis, including: 

  • Equipping your staff with the tools they need to stay productive at home
  • Supporting employee mental health and well-being during a time of uncertainty
  • Preparing to re-enter the workplace

This guide will not only enable you to stay on top of strategy development, but also equip you with the tools you need to help your employees feel safe. Download your FREE copy today!

Nonprofit employers have faced unimaginable challenges in the wake of the COVID-19 pandemic. Now, as states start permitting businesses to reopen, nonprofits across the country are trying to figure out what that looks like for them, their employees and the communities they serve.

This informative webinar recording provides helpful tips for preparing to welcome employees back to the office while maintaining compliance with state and federal regulations related to the Coronavirus. Watch now to discover:

  • Important workplace health and safety measures
  • Ways to return employees to the office in phases
  • How to handle common areas in the office
  • And more general best practices

For additional COVID-19 employer resources and FAQs, please visit our COVID-19 Resource Center today!

Question: Can we screen employees returning to work for COVID-19?

Answer: Yes. Generally, inquiries about an employee’s health or a medical exam (like a temperature check) would not be allowed, but the Equal Employment Opportunity Commission (EEOC) has stated that screening employees for symptoms of COVID-19 is allowed since it is a direct threat to others in the workplace. Because of that, you may inquire about symptoms related to the virus, require self-reporting by employees, and take employees’ temperatures.

Known symptoms of COVID-19 include fever, cough, chills, shortness of breath or difficulty breathing, muscle pain, headache, sore throat, and sudden loss of taste or smell. As the medical community learns more about COVID-19, additional symptoms could be added to this list. Employers can check this page for currently recognized symptoms.

If you decide to do screenings, make sure you screen all employees; otherwise you may find yourself in the middle of a discrimination claim. And remember that all information about employees’ health — including a lack of symptoms or temperature — must be kept confidential.

Q&A provided by ThinkHR, powering the UST HR Workplace for nonprofit HR teams. Have HR questions? Sign your nonprofit up for a free 60-day trial today.

COVID-19 continues to dominate headlines—in more ways than anticipated. While cybercriminals are always looking for ways to scam victims, pandemics provide additional opportunities for fraud. As people are spending more time than ever on their smart phones, iPads, and computers for work, shopping and entertainment, cybercriminals are ramping up their activities and getting more creative with their methods of hacking unsuspecting victims.

According to the Federal Trade Commission (FTC), scammers are using COVID-19 to further target consumers and businesses alike. They’re setting up websites, contacting people by phone and email, and posting dishonest information on social media platforms. Being aware of the different types of scams out there is the first step in protecting yourself, your business and your employees. Knowing how to handle those scams can save you a great deal of headache down the road.

The following are some examples of scams linked just to COVID-19:

  • Government Check Scams – Attempt to get you to make a payment in return for available business funds.
  • Business Email Scams – Create dummy accounts that look like they come from a company executive asking an employee to make a financial transaction.
  • IT Scams – Emails that appear to come from your tech team asking for a password or directing your employee to download infected software.
  • Supply and Shopping Scams – Create fake stores, e-commerce websites, social media accounts, and email addresses claiming to sell high demand supplies like hand sanitizer and face masks. 
  • Robocall Scams – Use a recording that appears to come from Google to target small businesses who may be affected by the Coronavirus, warning them to “ensure your Google listing is correctly displaying. Otherwise, customers may not find you online during this time.”
  • Phishing and Malware Scams – Gain access to your computer to steal your credentials. 
    • Malware is malicious software or viruses that can be activated when you click on email attachments or install risky software.  
    • Phishing is used to convince you to share sensitive data such as passwords or credit card information by pretending to be someone you know.

Take the following precautionary measures to protect your organization and its employees from known and emerging scams:

  • Independently verify the identity of any company, charity or individual that contacts you regarding any COVID-19 related content.
  • Ensure you’re using reliable resources to get up-to-date information on the Coronavirus. The Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) websites are your safest sources.
  • Be wary of unsolicited emails offering information, supplies, or treatment for COVID-19 as well as anyone requesting personal information. Fraudulent emails may be infected with malware designed to capture keystrokes, credentials, or payment information.
  • Do not click on links or open email attachments from unknown or unverified sources.
  • Make sure your anti-malware and anti-virus software programs are operating and up to date.
  • Use secure login methods such as requiring multiple password authentication for remote employees.
  • Secure home networks by using encryption which scrambles information sent over a wireless  connection so outsiders can’t read it.
  • Never provide personal information to anyone who calls out of the blue.

With so many people working remote, hackers are looking for companies to drop their defenses, making it easier to infiltrate networks. When people are aware of what scams are out there, they are much less likely to fall for them. Talk about the risks with your management team, create a simplified outline of what to look for, and how to respond and relay to your entire staff.

On March 11, 2020, the World Health Organization (WHO) declared the COVID-19 coronarvirus outbreak a pandemic leaving nonprofit employers across the states scrambling to understand the impact on their business. Now that orders are being lifted and we prepare to re-enter the workplace it’s important to understand the do’s and don’ts of implementing new COVID-19 procedures within your organization.

Do you know whether employers are permitted to take employees’ temperatures and ask about symptoms? Or if employers should allow employees to work at the office if they have been exposed to COVID-19, but are not showing any symptoms?

Since it’s often difficult to differentiate the credible information from the bogus, UST has compiled a COVID-19 Fact vs. Fiction handout for nonprofit leaders. Uncover the answers by downloading the COVID-19 Fact vs. Fiction Employer Handoutand discover other key COVID-19 facts as well as common misconceptions.

Ensure that Your Nonprofit Stays Compliant! Get a FREE 60-Day Trial of UST HR Workplace, powered by ThinkHR—a cloud-based platform that provides access to a live HR hotline, COVID-19 policy updates, thousands of documents and more. Request your free trial today at www.chooseust.org/HR-trial.

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UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.

Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.

UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.

Further, our website may contain links to other sites. Anytime you connect to another website, their respective privacy policy will apply and UST is not responsible for the privacy practices of others.

This Privacy Policy and the Terms of Use for our site is subject to change.

Privacy Policy

Privacy Policy and Terms of Use

UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.

Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.

UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.

Further, our website may contain links to other sites. Anytime you connect to another website, their respective privacy policy will apply and UST is not responsible for the privacy practices of others.

This Privacy Policy and the Terms of Use for our site is subject to change.