workplace Archives - Lake Effect HR & Law

Presidential Executive Orders Reject Gender Ideology and Illegal DEI Programs

admin — Fri, 14 Feb 2025 14:16:56 +0000

On January 20, 2025, President Trump issued Executive Order 4168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. The Order announces the policy of the United States to recognize two sexes, male and female. It specifies that “‘[s]ex’’ is not a synonym for and does not include the concept of ‘gender identity.’” The Order further states that federal funds shall not be used to promote gender ideology, and “[e]ach agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology.”

On January 20, 2025, President Trump also issued Executive Order 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing, which calls for the termination of illegal Diversity, Equity, Inclusion (“DEI”) mandates, policies, programs, preferences and activities in the federal government, under whatever name they appear. Among other things, the Order directs federal agency, commission, and department heads to identify federal contractors who have provided DEI training to federal employees and grantees who received federal funding to advance DEI programs, services, or activities since January 20, 2021. On January 21, 2025, President Trump issued Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which orders all federal agencies to enforce federal civil rights laws and combat illegal private sector DEI preferences, mandates, policies, programs, and activities. In addition to other measures, the Order directs the head of each federal agency to include in every contract or grant award a term requiring the recipient to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws. Agencies are further directed to identify publicly traded corporations, large non-profits, foundations, or associations for potential civil compliance investigations relating to illegal DEI discrimination or preferences.

We expect federal agencies to issue additional, more detailed guidance interpreting and implementing these Executive Orders. The Orders may also face legal challenges. In the meantime, federal contractors, federal grant and/or funding recipients, and private sector organizations should consider how their current employment policies and practices, including the contents of employee handbooks and trainings, may be impacted by these Executive Orders. Organizations are well-advised to begin reviewing their policies and practices in consultation with experienced employment law counsel and human resources advisors. Employer responses to these Orders should be tailored based on corporate and regulatory status, funding sources, and industry. Your partners at Lake Effect are here to answer your questions and discuss potential implications of these recent Orders.

The attorneys and HR professionals at Lake Effect can provide guidance on employment-related Executive actions, employment laws, regulations, and agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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Supporting Employees’ Right to Vote

admin — Tue, 08 Oct 2024 13:00:54 +0000

With November elections just a month away, it is a good time for employers to review relevant policies and legal obligations for employees who seek time off to vote or otherwise participate in the election process.

Under Wisconsin law, upon the request of an employee, employers must provide employees who are eligible to vote in a public election up to three (3) consecutive hours off work during polling hours. An employee who plans to take time off to vote must notify their employer before election day, and the employer may designate the time of day for the absence (for example, at the start or end of a shift or workday). An employer need not pay an employee for time off to vote, and it may not penalize the employee in any way for taking that time off.
An employee who wishes to participate in the election process as a registered poll worker has no similar right to time off work under Wisconsin law. However, employers may permit employees to take applicable and available paid or unpaid time off, such as vacation, paid time off, or paid volunteer time. Employers should ensure consistent treatment of all employees who request time off for election-related reasons.

In addition, employers should review any applicable collective bargaining agreements, handbooks, and internal policies that may provide greater rights than those set forth in Wisconsin’s voting rights statute.

Finally, employers should keep in mind that other states may impose different or additional requirements with regards to employee voting. A number of states, including but not limited to California, Illinois, Minnesota, New York, and Washington, D.C., require employers to provide paid time off for employees to vote. Some states have stringent notice provisions, including New York, which require employers to post a notice within 10 days of each election informing employees of their voting time rights. Employers with workers outside Wisconsin (including employees working remotely) are advised to review applicable voting laws in those cities or states to ensure full compliance.

If you have questions about election-related leave issues, the team at Lake Effect HR & Law is happy to assist. Lake Effect continues to monitor important legal and HR developments at the state and federal levels, as well as other information that could impact the workplace.

Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@lehrlaw.com.

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Encourage Employees to Use Their PTO

admin — Wed, 12 Jun 2024 14:35:28 +0000

It’s Good for Them – and Good for Your Organization

Paid Time Off policies are designed to provide employees time away from work to recharge, take care of their own well-being, and support loved ones during times of need, yet so often employees do not use all their earned time. According to a Pew Research Center 2023 survey, 52% of employees in the United States don’t use all of their vacation time each year. Sadly, this marks a 100% increase from the 28% of employees who did not use all of their PTO time in 2019.

Employees provide a range of explanations for not taking their earned time off:

apprehension that their work will not get done or not done well while they are on vacation;
concerns about placing a burden on other members of the team;
dread of the backlog of work waiting for them upon return;
even the realization they have nothing to do if not at work;
fear of being discounted by management if they take time off; and
worry their absence would render them susceptible for layoff.

Such employees might feel they can’t financially afford to take a vacation, not realizing that a vacation day can be used to simply sit on their patio or balcony and read the book that has been collecting dust on the bedside table – or tackle home to-do lists.

Leaders need to encourage employees to not only use their time off, but actually stop working when they are using time off. According to a 2023 ELVTR Magazine survey, employees reported that they did not feel they could escape work, as they received frequent work contacts from their managers and co-workers during vacation, as follows:

28% received work emails from their boss and co-workers
25% felt pressure to check work-related texts
6% received work-related voicemails and 2% received work-related social media pings

Interestingly, employees seemed to have trouble maintaining their own boundaries during vacation, as 82% percent acknowledged that they were not directed by their supervisor to check email during vacation, but a stunning 68% admitted to doing work on vacation and 57% acknowledged feeling anxious if they did not check emails during vacation.
Leaders have a responsibility to create a positive workplace culture and encourage employees to take a break from work. Like so many employment-related issues, supervisors need to lead by example. Organizational leaders need to use their own paid time off, disengage, and actively encourage employees to do the same. Supervisors should be aware of their direct reports’ current paid time off balances and proactively talk to their employees about paid time off policies. Make sure every employee is aware of how vacation time is earned, how they can schedule time off, and what, if any, amount can be carried over into the next year.

When an employee takes time off, supervisors must ensure the workload is manageable, so they can take time off without guilt. Leaders should work with direct reports to delegate work, cross train others, provide status updates, and plan in advance for true breaks from work. Consistent with this approach, those leaders should not disrupt employees who are on vacation. Establish a culture in which taking time off is not only permissible but encouraged. Remind employees that paid time can be taken in small or large increments, with a great Friday off at home serving as much good as a week out of town.

Why does this matter? Employees need to separate from work to establish a balance in their lives. Do we work to live or live to work? Neither. We live, and we work. It need not be a battle between the two. The summer season is upon us. This is the perfect time to remember that everyone needs to step away and recharge their batteries. What that looks like for each employee will vary; the key is to encourage it.

Lake Effect is here to be thought leaders and trusted advisors on all facets of HR and employment law for organizations across Wisconsin and beyond. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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Updated EEOC Guidelines on Workplace Harassment

admin — Fri, 10 May 2024 15:57:29 +0000

On April 29, 2024, the Equal Opportunity Commission (“EEOC”) released its latest Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance updates prior EEOC guidelines on: (1) legally protected characteristics; (2) how harassment must affect a “term, condition, or privilege of employment;” (3) and standards for establishing liability. Although the EEOC Guidance does not have the force or effect of law, it serves as a key resource for employers, employees, counsel, and EEOC agency staff.

Notable updates to guidance on legally protected characteristics include:

Sex-based harassment includes harassment based on pregnancy, childbirth, or related medical conditions including lactation, morning sickness, using or not using contraception, and deciding to have/not have an abortion.
Sex-based harassment includes harassment based upon sexual orientation or gender identity, including repeated use of a name or pronoun that is inconsistent with a person’s known gender identity or the denial of access to a bathroom or other sex-segregated facility consistent with an individual’s known gender identity.
Harassment based on social or cultural expectations, assumptions, or stereotyping about how persons of a protected group may act or appear is actionable.

Updates as to how alleged harassment must affect a “term, condition, or privilege of employment” confirm:

A hostile work environment claim may be based on conduct that occurs in a work-related context but outside an employee’s regular workplace, i.e., at an offsite training, employer-provided housing, or employer’s annual holiday party.
Harassment may occur in a virtual environment, i.e., via employer’s email system, message system, videoconferencing technology, intranet, etc.
Even non-work-related behavior can be unlawful harassment if it impacts an employee’s workplace. This can include electronic communications using private phones, computers, or social media accounts. However, social media posts alone generally will not contribute to a hostile work environment if they do not target the employer or its employees.

Key updates as to the standards for establishing liability specify:

An Employer can only defend against a harassment claim if it took adequate steps to prevent harassment in the first place. This requires a showing that the employer has an effective anti-harassment policy, complaint process, and training. The Guidance lists features of each component that must be present in order for that component to be deemed effective.
Even if its preventive measures are adequate, an employer may be liable for harassment if it fails to conduct a prompt and adequate investigation of an employee complaint. The investigation should be conducted by a well-trained, impartial party and seek information from all parties involved.

The EEOC’s updated Guidance reflects its renewed, laser focus on combatting workplace harassment of all types. Now is the time to review your anti-harassment policies, procedures, training, and investigation processes. Lake Effect can help improve these critical components of your comprehensive anti-harassment program to ensure that they serve your employees, meet the EEOC latest standards, and minimize exposure to future claims.

Lake Effect is here to answer all your questions about employment laws, regulations, and new agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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CDC Updates Guidance

admin — Wed, 13 Mar 2024 23:47:20 +0000

Throughout the COVID pandemic, Lake Effect has encouraged employers to follow the Centers for Disease Control (CDC) guidance regarding COVID isolation and return to work protocols to ensure individuals do not return to work prematurely or jeopardize the health and safety of others. On March 1, 2024, the CDC updated the isolation guidance for those with COVID-19.

CDC guidance now recommends that individuals treat COVID-19 just as they would other respiratory viruses such as the flu and RSV. This means the CDC no longer advises a minimum five-day isolation period for those with COVID. Rather, the CDC’s new guidance recommends individuals now stay home and away from others until at least 24 hours 1) after their symptoms have begun to improve and 2) after their fever has ended without fever-reducing medication. To address instances in which individuals may still be contagious, the CDC recommends that, when leaving home and returning to work, individuals still take some preventive measures “such as taking more steps for cleaner air, enhancing hygiene practices, wearing a well-fitting mask, keeping a distance from others, and/or getting tested for respiratory viruses.” The CDC notes that “[e]nhanced precautions are especially important to protect those most at risk for severe illness, including those over 65 and people with weakened immune systems.”

Please contact Lake Effect if you need assistance updating your workplace preventive COVID policies to reflect these important changes.

Lake Effect is here to answer your questions about COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for updates on important legal and HR developments, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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Coaching Employees Through Interpersonal Differences

admin — Tue, 28 Mar 2023 12:41:39 +0000

Since the pandemic, many employers have experienced a rise in the number of interpersonal disputes among employees. These conflicts may reflect long-standing friction that went dormant during COVID, employees out-of-practice at making small talk by the proverbial water cooler, or employees no longer willing to tolerate an aggravating co-worker or demanding boss. Lake Effect has helped many organizations address these employee relations issues quickly and effectively using the Everything DiSC® methodology.

Everything DiSC is a versatile tool that can be used in employee and executive coaching sessions, mediation, and group training to break down friction among coworkers, strengthen teams, and professionally develop individuals. The personalized Everything DiSC Workplace Profile® that each employee receives provides a great starting point to coach employees through challenging situations, transitions, and pivots. Even in the face of conflict and stress, employees who know their own DiSC style and those of their co-workers can modify their behavior and approach to communicate more effectively and productively with others. Very quickly, the DiSC framework helps your employees improve teamwork, communication, and productivity by developing a common communication language in the workplace.

In the post-COVID world, employees are returning to the workplace with new expectations and aspirations. By providing them with Everything DiSC assessment and training, you are providing them with the resources to improve their workplace interactions and overall experience. You also demonstrate your commitment to their future and professional development. Contact your partners at Lake Effect to help you maximize your workplace potential.

Lake Effect can assist with all of your employee relations issues and answer your questions about federal and state employment laws and HR best practices. We continue to monitor important legal and HR developments that affect employers. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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CDC Updates COVID-19 Guidance

admin — Mon, 15 Aug 2022 14:08:03 +0000

On August 11, 2022, the Centers for Disease Control provided a new Summary of Guidance for Minimizing the Impact of COVID-19 as well as updated guidance regarding isolation. Relevant updates include the following:

Quarantine is no longer recommended for people who have been exposed, regardless of their vaccination status.
- The exception to this is in “high-risk congregate settings such as correctional facilities, homeless shelters, and nursing homes.”
In other settings such as homes, workplaces, and schools, people who have been exposed should follow the new post-exposure guidance which includes monitoring for symptoms, wearing a well-fitting mask when around others for up to 10 days after exposure (the day of most recent exposure is day 0), and testing on day 6.
Social distancing is no longer a focus.
Contact tracing is no longer necessary (except in health care settings and certain high risk congregate settings).
There is also updated guidance specifically for schools.

Guidance regarding isolation remains largely the same: isolation through day 5 is recommended after testing positive or after developing symptoms, and masks are recommended when around others for Days 6-10.

If a person has symptoms, day 0 is the day symptoms started, regardless of the date of positive test. Isolation can end after day 5 if the person is fever-free for 24 hours without medication and symptoms are improving.
If a person has no symptoms and tests positive, day 0 is the date of testing (not the date the positive test was received). Isolation can end after day 5.
- If symptoms begin at any point, the clock starts over, and day 0 is the date of symptom onset.

Please contact Lake Effect if you need assistance updating your workplace preventive COVID policies to reflect these important changes.

Lake Effect is here to answer your questions about COVID precautions and COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for updates on important legal and HR developments, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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COVID-19’S Continuing Workplace Impact: EEOC Revises Pandemic Guidance Again

admin — Thu, 21 Jul 2022 22:19:44 +0000

On July 12, 2022, the EEOC issued updated COVID-19 guidance for employers, reflecting the ever-changing but persistent impact of the virus on the workplace. Key updates include the following:

Workplace COVID-19 testing
- Previously, employers could require COVID-19 testing (although it is a medical exam under the ADA) because the EEOC recognized that a person with the virus would pose a direct threat to the health of others.
- Under the revised guidance, employers may only mandate COVID-19 testing if they show that the testing is “job-related and consistent with business necessity.” (A.6.)
- Mandatory COVID-19 testing will meet the “business necessity” standard when it is consistent with current guidance from the CDC, FDA, and state and local public health authorities. Employers may also consider such factors as:
  - Community transmission rates
  - Vaccination status of employees
  - Possibility of breakthrough infections for fully vaccinated employees
  - Transmissibility of and severity of illness from current variants
  - Potential impact on the workplace if an employee enters with COVID-19 (A.6.)
- Antibody testing does not meet the ADA’s “business necessity” standard for a medical exam; employers therefore may not require such testing before allowing employees to re-enter the workplace. As the EEOC notes, an antibody test does not show whether an employee has a current infection, nor establish that an employee is immune to infection. (A.7.)
Hiring and job offers
- If an employer screens everyone for COVID-19 before allowing entry to the worksite, it can screen an applicant in the pre-offer stage who needs to be in the workplace. (C.1.)
- An employer can also screen applicants for COVID-19 symptoms after making a conditional job offer, as long as it does so for all applicants in the same job type. (C.1.)
- After an applicant has been offered a job, an employer may only withdraw that offer based upon the applicant’s positive COVID-19 test, symptoms, or exposure if: (1) the job requires an immediate start date, (2) CDC guidance recommends the person not be in proximity to others, and (3) the job requires such proximity to others, whether at the workplace or elsewhere. (C.4.)
Interactive process/ accommodation requests
- Delays in engaging in the interactive process and/or responding to employee accommodation requests are no longer acceptable unless an employer shows specific pandemic-related circumstances justified the delay. (D.17.)
Vaccinations
- Consistent with prior guidance, employers may require all employees to be vaccinated against COVID-19, subject to Title VII and the ADA’s reasonable accommodation requirements. Employers may also require proof of such vaccination. (K.1.)
- An employee’s vaccination status must be kept confidential and separated from the regular personnel file. However, an employer may share the vaccination information with other employees who need it to perform their job duties. Such employees also must keep the information confidential. (K.4.)

This is not a comprehensive list of the many issues covered in the updated COVID-19 guidance. Please reach out to your partners at Lake Effect HR & Law to ensure that your organization’s COVID-19 policies and practices are in full compliance with current EEOC guidelines. We are here to answer all of your questions about COVID-19 compliance and will continue to monitor important legal and HR developments in this area. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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CDC’s Latest Guidance: To Mask or Not Mask

admin — Thu, 03 Mar 2022 17:32:00 +0000

On February 25, 2022 the CDC updated its masking guidance. The new recommendations are customized according to community risk. Each county across the US is designated “high,” “medium,” or “low” risk.

“High” risk counties: residents are advised to mask indoors in public.
“Medium” risk counties: residents should mask in some situations, including in high risk settings (for example in schools, indoor crowds, and congregate settings), if around individuals who are at high risk of severe illness, or if an individual’s doctor recommends masking.
“Low” risk counties: residents need not mask.

Regardless of risk designation, the CDC recommends testing if symptomatic, vaccinating if eligible, and improving ventilation in indoor settings if possible.

CDC guidance is not mandatory, but it may assist employers as they establish and implement their own COVID related safety policies for the workplace. Following CDC guidance may also assist in demonstrating compliance with OSHA’s “general duty” clause, which requires all employers to provide a workplace free from known health and safety hazards.

Each employer will be faced with challenging decisions about whether and how to implement the new CDC masking guidelines into workplace safety policies. Soliciting input from your leadership team and employees may be helpful as you continue to manage changes brought about by the COVID-19 pandemic. Renew your commitment to a respectful workplace and encourage your employees to treat one another accordingly during these times of transition. If you need help navigating these changes, please reach out to any of the Lake Effect attorneys or HR professionals.

Lake Effect is here to answer your questions about COVID protocols and mitigation in the workplace. We continue to monitor important legal and HR developments, as well as COVID-related updates from federal, state, and local authorities. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.

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Share the Love with Your Employees

admin — Mon, 14 Feb 2022 07:40:23 +0000

It’s Valentine’s Day, the day we show a little extra love to those who are special to us. After the last two years, we all need a few more candy conversation hearts. Take a few moments today to take care of yourself and encourage your team to do the same. As we move through 2022, continue to practice self-care and provide your staff with resources to support their mental wellness, engagement, and professional development.

Take time for self-care. Leaders, we see you taking care of your staff, customers, and families. Thank you for all you do! Please keep your tank filled and battery charged so you can continue to take care of others. Take a moment for you!

Tell your staff you appreciate them. Everyone wants to be seen and appreciated. A heartfelt thank you can go a long way. You know your staff the best, so make the message meaningful to each recipient.

Provide your team members with the resources they need. More than ever before, employees are seeking flexible work schedules, hybrid work environments, professional growth, a supportive workplace culture, and relevant benefits. Ask your employees what they need to be successful in their roles while balancing their personal responsibilities. Here are a few ideas to bring that to life:

Remind your team members to take time for self-care – and remind them again
Lead by example by taking care of yourself
Implement a flexible work schedule
Consider a 4-day work week or reduced schedule
Review workloads, including the leaders within your organization
Develop a buddy system to check in on each other, especially in a remote or hybrid work environment
Create an environment where it feels safe to say “I need help on a project” or “I need a break to step away for an hour”
Encourage staff to volunteer in the community to support causes that are important to them
Post your Employee Assistance Plan (EAP) access information so it is easily accessible
Remind your employees about some of the hidden perks within your benefits plans: discounts on massage, credits for workouts, wellness resources and apps, and the like
Partner with local nonprofits to provide mental wellness resources to your staff
Implement or expand a coaching and development program to help employees align their professional development goals with your organization’s strategic initiatives
Practice empathic leadership, fostering a sense of meaningful connection and belonging

During the past two years, the Lake Effect team has been doing something together every month. We have done virtual 5K’s, laughed while attempting to do virtual workouts together, shared reading suggestions, and even tried cooking the same recipe together via Zoom. This month, we are challenging ourselves to do three things every day and we would LOVE you to join us in the challenge: do something each day for yourself physically, mentally, and professionally.

As we close on this Valentine’s Day, Jane is supporting a local restaurant, Sheila is heading out for a run, Holly is making memories with her kids, Leann is taking a vacation with her family, Jenn is volunteering her time delivering flowers, and Tricia is playing outside soaking up the sunshine. Tell us how you are taking care of yourself this month.

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