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  • The NorthShore University HealthSystem agreed to pay more than $10.3 million to resolve allegations over the COVID-19 vaccine mandate. Liberty Counsel, a Christian organization, filed a lawsuit on behalf of employees who were denied a religious exemption from the health system’s COVID-19 vaccine mandate.

    The class action settlement against NorthShore University HealthSystem is on behalf of more than 500 health care workers. Among those workers, half became compliant with the vaccine policy, and the other half were fired or resigned based upon their religious objection to receiving a COVID-19 vaccine. This is the first-of-its-kind class action settlement against a private employer who unlawfully denied hundreds of religious exemption requests for COVID-19 vaccines.

    What The Agreement Means

    As part of the agreement, Liberty Counsel stated that NorthShore will change its policy to allow unvaccinated employees to work if they have an approved religious exemption. All religious exemptions are now considered on a case-by-case basis rather than denied to all employees.

    Employees who are unvaccinated and were let go because they claimed a religious exemption now have the opportunity to take their jobs back. In addition, employees who quit or were fired will receive about $25,000 each. The original 13 plaintiffs who filed the lawsuit will get $20,000 more. Employees who agreed to get vaccinated despite their religious objections could potentially receive up to $3,000.

    How This Impacts Businesses

    If you’re a business owner and want to mandate the COVID-19 vaccination, you must consider all religious exemptions, you must notify employees of the exemption process, and what forms should be utilized. Employers can mandate that all employees receive the COVID-19 vaccine. However, the policy must be job-related and consistent with business needs. It’s the employer’s responsibility to show that an unvaccinated employee will pose a direct threat to the health or safety of other employees.

    What Next?

    As an employer, listening to your employees’ needs is vital. When it comes to mandating the COVID-19 vaccine within the workplace, it can stir up issues among employees. Ultimately, you want to do what’s best for your employees. When you partner with GMS, we work with you to provide an employee handbook that will provide your employees with all the information they need to know about rules and regulations. Contact GMS to learn how we can help you and your business.

  • Since the beginning of COVID-19, small business owners have continued to face ongoing hardships. While some problems stem from pandemic fallout, such as staffing issues or low retention rates, others were unforeseen. To combat these challenges, local government officials have made it a priority to help small businesses within their communities.

    What Is ARPA?

    The American Rescue Plan Act of 2021 (ARPA) was signed into law as a relief package. The main goal of the act was to support business owners and community members by providing:

    • State and local aid
    • Education
    • Rental assistance
    • Transit
    • Stimulus payments

    Fund Eligibility 

    Not only was the ARPA implemented for the state but also for local governments. ARPA authorizes additional funding totaling $350 billion to be distributed amongst all 50 states. These funds are only eligible to be used for:

    • Revenue replacement due to the COVID-19 public health emergency
    • COVID-19 expenditures or negative economic impacts which include assistance to small businesses, households, and hard-hit industries and economic recovery
    • Premium pay for essential workers
    • Investments in water, sewer, and broadband infrastructure

    Fund Restrictions 

    Since the money is split between state and local aid, there are different requirements that were established. The influx of funds is beneficial to the state and local finances. However, it also supports aiding recovery from budgetary, economic, and financial impacts of the pandemic. Funds are available until December 31st, 2024. Each county within the state can make its own use of the funds, along with providing them with specific monetary amounts, and who can apply for them. All states, however, have the following restrictions:

    • Funds may not be deposited into any pension fund
    • Funding is to be spent by the end of the 2024 calendar year
    • Allocation to states cannot be used to directly or indirectly offset tax reductions or delay tax, or tax increase

    Why GMS

    At GMS, our mission is to see small businesses succeed. When it comes to changing legislation, GMS is the first to ensure that your business will remain compliant. Stay up to date on all the opportunities to support your business’s recovery following COVID-19. Contact GMS today to learn more.

  • According to the U.S. Equal Employment Opportunity Commission, employers are now able to dive into an employee’s symptoms, should they call in sick. Employers may ask all employees who physically remain in the office if they have COVID-19 or symptoms associated with COVID-19.

    In addition, employers are allowed to measure employees’ body temperature. However, should an employee have a fever, it is required that the employer keep that information confidential under the Americans with Disabilities Act (ADA).

    Additional advice from the EEOC includes: 

    • The ADA can’t interfere with employers following the recommendations of the Centers for Disease Control (CDC) and Prevention of Public Health authorities. 
    • An employer may send an employee home if they have COVID-19 or symptoms. 
    • Employers may follow the CDC, state, and local public health authorities’ advice regarding the information needed to permit an employee’s return to the workplace after visiting a specified location, whether for business or personal reasons. 
    • Employers and employees “are encouraged to use interim solutions to enable employees to keep working as much as possible.”
    • Although some individuals with COVID-19 do not have fevers, employers may conduct medical exams after making a conditional employment offer. 
    • Employers may delay the start date of a new hire with COVID-19 or show symptoms of the disease. 
    • Employers can withdraw a job offer when the applicant needs to start immediately, but the individual has COVID-19 or symptoms. 

    Partner With GMS!

    The last thing you want is an employee to come to work with COVID-19 or symptoms. By following the new guidelines enforced by the EEOC, you are taking proactive steps to ensure the safety of your employees. When partnering with GMS, you are provided access to many benefits and resources to assist with these efforts. As part of our premier employee benefits administration services, we provide clients with access to Telehealth. Telemedicine can save you and your employees time and money by having access to a licensed physician virtually. Should your employees feel sick, they can call or video chat with a physician and investigate the root of the problem, ultimately limiting the exposure to COVID-19. Learn more.

  • House Bill 6173 has been recently introduced to the public. If this bill gets passed, it will end the immunity that was granted in 2020 legislation that stated:

    “An employer is not liable… for an employee’s exposure to COVID-19 if the employer was operating in compliance with federal, state, and local statutes, rules and regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the exposure.”

    Michigan lawmakers will be considering this bill that will ultimately, expire the legal immunity given to employers who follow workplace safety regulations and whose employees contract COVID-19.

    Stay In The Know

    Since the beginning of COVID-19 in 2020, business owners have always been on the lookout for ever-changing laws and regulations. Let GMS experts keep you up-to-date on these laws so you don’t have to. Learn more on how GMS can help you and your business.

  • Since the beginning of the COVID-19 pandemic, business operations have never been the same, and workplace cultures continue to evolve. Employees transitioned to working from home and having to adapt to a new way of doing business. In fact, many employees working from home claim they feel more productive, maintaining a robust work-life balance.

    However, it might not be as glamorous for the employer. There has been a rise in employee lawsuits demanding reimbursement for expenses acquired while working from home during the pandemic. Remote workers say that their employers have a legal obligation under state law to reimburse them for work-related expenses.

    Employees are requesting reimbursement for the following:

    • Cellphone
    • Internet
    • Supplies
    • Utility bills
    • Home office stipends 

    What This Means For The Future

    Finally, after two-plus years in a pandemic, business owners have requested that their employees return to the office. However, hiring new employees is at an all-time high. As a result, keeping and attracting quality talent is essential for the growth of one’s business. Since working from home is popular among employees, offering it as an option for employment will attract top candidates. 1,700 workers were surveyed, and the results showed that 48 percent of the workers said they would seek a remote position for their next job.

    With these lawsuits in many states, it’s vital that you observe what your employees want and how to create a solution that benefits both them and your business.

    Currently, no federal laws require you to reimburse your remote workers unless the expenses drop below the employees’ minimum wage. A 2022 survey showed that 62 percent of organizations currently offer employees reimbursement for at-home office or work equipment. For employers that offer reimbursement for business expenses, utilizing expense management software can help streamline the process. Employees are able to itemize and upload receipts directly into the system for the administrator’s approval.

    Should you choose to reimburse your remote workers, ensure you are clearly defining your reimbursement policy. Keep a file of every expense and reimbursement to avoid disputes in the future. An expense report system is an additional tool that will allow you to track all business-related purchases including travel, gas, meals, hotel and lodging, and more for a simplified expense reporting process.

    Protect Your Business

    In today’s unprecedented times, it’s difficult to stay on top of your daily tasks while wearing multiple hats. How can you be proactive and create future plans at the same time? When you partner with GMS, our experts are there to guide you through challenging times and ensure you stay compliant, all while keeping your employees happy. Our HR experts will work with you to update your employee handbook to ensure there are no discrepancies between what your employees may expect versus what you offer. We take on the administrative burdens, so you don’t have to. Contact us today.

  • In yet another year of COVID-19 regulations, the workers’ compensation industry will face more challenges. Workers’ compensation covers the cost of medical care and rehabilitation for workers injured on the job. Businesses are still experiencing staffing shortages, evolving regulatory changes, and more. This means new guidelines for compliance, new coverage options, and the need to be adaptable.

    Workers’ compensation remains to be a stable and profitable segment of the commercial insurance industry. However, since the beginning of COVID-19, claims are rising at exponential levels. Experts have stated that there is a variety of factors that are driving up the costs of claims when a workplace injury occurs. Below is a list of factors that are driving up the costs of claims:

    • Aging workforce
    • Medical inflation
    • Rising wages
    • High indemnity costs
    • Catastrophic injury severity 

    According to the Bureau of Labor Statistics (BLS), in 2021, 23% of the U.S. workforce was older than 55. Workers’ compensation claims for these employees accounted for 31% of the total cost. The changing workforce and rising medical costs were top concerns within the workers’ compensation sector. If you have elderly workers who take longer to recover from an injury and less-experienced workers who get injured more often, you end up with a handful of claims. The International Labor Organization (ILO) reported that 2.3 million men and women experience work-related injuries every year. With many businesses experiencing labor shortages, they are forced to hire someone who may be less experienced and may need additional training, which could put them at a greater risk for injury.

    • Increase in treatment per injured worker
    • Services rendered in a hospital setting
    • More expensive care
    • Mergers between medical facilities 
    • Consolidation of physician practices
    • Outpatient “ambulatory” hospital services 

    Partner With A PEO Today!

    As a business owner, do you feel that your workers’ compensation claims are through the roof? A Professional Employer Organization (PEO) like GMS partners with businesses to control their workers’ compensation insurance rates and protect them from costly claims. Our team of experts work hard to help you save money and prevent your workers from injuries on the job. Embrace workers’ compensation management so you can keep the focus on growing your business. Contact us today! 

  • On April 21st, 2022, Philadelphia, Pennsylvania dropped its reinstated mask requirement for businesses located within the city. Philadelphia originally reinstated a mask requirement for businesses on April 18th which only lasted three days. A handful of reasons led to the requirement being dropped so quickly.

    Dr. Cheryl Bettigole, the city’s Health Commissioner, announced that hospitalizations unexpectedly dropped 25 percent in a matter of days. When Philadelphia announced the reinstated mask requirement on April 18th, the Pennsylvania Restaurant & Lodging Association called it “deflating.” Ben Fileccia, Senior Director of Operations for the association expressed that restaurant workers have suffered a significant amount of backlash from the very beginning of mask mandates. He believed this time would be no different.

    The Southeastern Transportation Authority (SEPTA) announced on April 18th that they would no longer require masks to be worn on public transportation. This announcement impacted Philadelphia Mayor Jim Kenney’s decision to withdraw the requirement days after it was reinstated. However, the U.S. Department of Justice (DOJ) announced on April 20th that it has appealed the ruling. The Center for Disease Control and Prevention (CDC) urged the DOJ to continue its appeal. Since there has been an increase in the Coronavirus Omicron variant, the CDC requires masks on public transportation until May 3rd, 2022.

    When partnering with a PEO, you will have access to an HR specialist who keeps you informed of ever-changing rules and mandates. Because COVID-19 has impacted businesses in ways business owners could never have imagined, let us take the burden of HR responsibilities off your shoulders. Contact us today!

  • With the COVID-19 outbreak in 2020, the work force has changed significantly. Most employers opted to provide the option for employees to work from home, which is now a very sought-after advantage when looking for new jobs. With that being said, it is vital that employers ensure their new hires still feel connected to the company when onboarding in a remote work environment.

    While in a remote setting, displaying how certain procedures are performed and how the company functions can be challenging for new hires to fully understand. How are these new hires supposed to go into meetings with their colleagues, catch up for a chat, and learn functions that are easier to learn in person?

    There are six key factors that will help in the onboarding process in a remote work environment:

    • Be relatable
    • Encourage boldness
    • Proper introductions
    • Team bonding
    • Reviewing performance
    • Engaging in company culture

    Working in a remote environment has led employees to feel disconnected from their teams and the company. Find a way to relate to your new hires and make sure they know they’re not alone. Be sure to schedule phone calls and zoom meetings – which are more interactive than chat or email; let them know you are here for them. It is also important to provide them with motivation and confidence to reach out for any help or clarification within their teams. Team bonding and proper introductions go hand and hand with each other. Introduce your new hires to other employees, especially within their specific teams. Engage the new hires in company culture meaning, take all the new hires out to lunch or do something creative to show the company culture. Encourage your company to host events, or a virtual game night so new hires can find different ways to stand out and have fun. Finally, congratulate your new hires when they do an impressive job within their new role. Ask them for feedback or correct them if they need further guidance.

    These six factors listed above will help guide you during the onboarding process to help your new hires. Here at GMS, our electronic onboarding provides you with everything your employees need for an engaging and organized onboarding experience – whether in-person or remote. Contact us today to learn more.

  • U.S. Immigration and Customs Enforcement (ICE) recently announced an extension of the flexibility in rules related to Form I-9 compliance that was initially granted last year. With the ongoing pandemic, the Department of Homeland Security (DHS) has extended this policy until April 30th, 2022.

    Under said policy, employers may inspect the I-9 documents of certain remote employees by way of camera or fax. This extension will lend a hand in ensuring the guidance for employees hired on or after April 1, 2021, that work exclusively in remote settings due to COVID-19-related precautions, will remain in place until they undertake non-remote employment on a regular, consistent, or predictable basis, or until the extension is terminated. Upon commencing non-remote employment, the employer must verify the employee’s documents in person, within three business days.

    While some questions were raised in determining what to do if a remote employee leaves the job before the employer has a chance to inspect their I-9 documents in person, ICE provided the following information: “Employers may be unable to timely inspect and verify, in-person, the Form I-9 supporting documents of employee(s) hired since March 20, 2020, . . .in case-by-case situations (such as cases in which affected employees are no longer employed by the employer). In such cases, employers may memorialize the reason(s) for this inability in a memorandum retained with each affected employee’s Form I-9. Any such reason(s) will be evaluated, on a case-by-case basis, by DHS ICE in the event of a Form I-9 audit.” Still, little clarity is provided when a “case by case” policy is referenced. That said, GMS’ Vice President of Client Services Stacey Larotonda recommends employers do what they can in obtaining Form I-9 documentation physically to avoid any complications down the road.

    ICE is anticipated to significantly expand its I-9 inspection efforts when the pandemic nears its end – at which point, the federal government will be looking for errors made under the relaxed rules, as well as other commonly made mistakes – such as not entering the initial date of employment or incorrectly submitting a section. Knowing that the minimum fine per individual for paperwork or technical violations in 2020 was $234, and could run upwards of thousands of dollars, it’s recommended that an employer first self-audits, then partners with a PEO like GMS to assist in the efforts.

    Our HR experts will continue to monitor for updates in this matter. To learn more about GMS and how our services could be your best defense against I-9 errors, contact us today.

  • The COVID-19 pandemic has caused employers to adjust day-to-day operations time and time again. That trend continues after President Joe Biden announced a vaccination mandate on Sept. 9, 2021.

    Biden’s executive order is designed to address the ongoing pandemic through new policies that are designed to slow the spread of COVID-19 and the Delta variant. Many of these policies will directly impact employers of all sizes and require them to prepare accordingly now that the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) November 4th, 2021.

    So what does the vaccine mandate mean for businesses across the country? Let’s break down what employers need to know about the new vaccine mandate and how it impacts their day-to-day operations.

    What Employers Are Covered By The New Vaccine Mandate?

    The vaccine mandate does not apply to every employee in the United States. Instead, there are three main groups that are impacted by the mandate:

    • All federal staff and employees of government contractors and subcontractors.
    • Medicare and Medicaid workers and any other care providers that receive Medicare or Medicaid reimbursement.
    • Private-sector employers with more than 100 employees.

    For the majority of business owners, the last group is the relevant of the three and covers approximately 84 million employees. The executive order mandates that any on-site employees of businesses with more than 100 employees must meet one of two obligations:

    • Provide proof of vaccination.
    • Undergo weekly tests for COVID-19 if unvaccinated.

    When Does The Vaccine Mandate Go Into Effect?

    The ETS sets a specific timeline for the businesses covered by the mandate. Any private-sector employer with more than 100 employees must choose between full vaccination or weekly testing by December 5th, 2021, which is 30 days following the ETS’ publication in the Federal Register.

    These businesses must then implement that rule by January 4th, 2022, which means that employees must receive the necessary shots to be fully vaccinated by that date. Any unvaccinated will be required to provide verified negative tests for their employer at least once a week. In addition, employers have a responsibility to ensure that unvaccinated employees wear a face mask while on site.

    How Does The Vaccine Mandate Impact Employers With Fewer Than 100 Employees?

    As it stands, the mandate does not apply to any businesses with fewer than 100 employees. These organizations can still opt to require vaccinations or forego any type of mandate. OSHA also announced that it will use a company’s total headcount for the mandate. As such, the number of employees at different worksites will be added together to see whether an organization meets the 100-employee threshold.

    How Does The Mandate Impact Part-Time, Remote, Or Other Types Of Employees?

    The vaccine mandate applies to any employees who work in the office, facility, or any other type of jobsite where they could interact with co-workers. That distinction means that any employees who are completely remote wouldn’t be subject to the vaccine mandate. Employers do have the option to extend the vaccination requirement to remote employees as well if they so choose.

    While the mandate impacts the vaccination or testing status of on-site employees, employers should still individually count every worker toward the threshold. That means that organizations should include the following people toward their total base of employees:

    • Remote employees
    • Full-time employees
    • Part-time employees
    • Temporary workers

    The mandate does provide a couple of exemptions that do not count toward the threshold. As it stands, any independent contractors and “leased” employees are not counted toward the mandate.

    How Should Employers Handle Employees With Medical, Religious, And Other Exemptions?

    Simply put, navigating vaccination exemptions and accommodations isn’t always an easy task. However, there are some steps that employers should take to handle employees that require vaccine exemption.

    To start, employers can ask for objective documentation that supports any medical or disability exemptions. Handling religious exemptions is a more complicated process. According to the Equal Employment Opportunity Commission (EEOC), employers should assume that any requests for religious accommodation are based on sincere religious beliefs.

    The caveat to that assumption is that employers may request additional information from an employee if they have any objective evidence that questions or disproves the sincerity of any beliefs. Employers may also ask for more detail if an employee’s basis for exemption is simply that their religion doesn’t permit vaccination.

    Do Employers Need To Pay For COVID-19 Testing?

    In general, the ETS does not require employers to provide or pay for tests. An exception to this standard is whether the employer in question is subject to any other applicable laws or collective bargaining agreements. However, employers must provide paid-time for employees to get vaccinated. Employees should also be granted sick leave if they need to recover from any side effects that prevent them from working.

    How Should Employers Record Vaccination Information and Handle Employee Vaccination Status?

    There are a variety of ways that employers can capture and verify vaccine status. These can include a letter from a healthcare provider, copies of vaccine cards, and other forms of proof.

    It’s essential that employers be discreet about any employee vaccination information. Vaccination status is confidential medical information and should not be shared with any co-workers, supervisors, or other individuals who don’t need to know. As such, it’s best practice to securely store vaccination records separate from other employee information and limit access to only those on a need-to-know basis.

    What Steps Can Employers Take To Prepare For Vaccine Mandates?

    While the vaccine mandate only applies to private businesses with more than 100 employees, organizations of all sizes can prepare their businesses for the new requirements. This preparation will help employers be ready for the mandate, whether they must follow the vaccine mandate or choose to enforce it.

    • Survey employees for vaccination status – Identify which employees are vaccinated, which ones will require testing, and which will require other accommodations and planning.
    • Research testing options – Plan ahead to determine the best testing approach for your business, which can include considerations for onsite or nearby testing locations and which tests comply with the ETS.
    • Create a written policy – Document your employees’ requirements to follow the vaccine mandate, including procedural requirements, employees’ options, and the consequences for noncompliance.
    • Communicate with employees – Share information about the vaccine mandate and your business’ compliance plan as early as possible. Early action will not only help build trust with employees, but also provide both parties with time to respond to employee feedback and plan for any employees who choose to depart due to the mandate.

    Another step that businesses can take is to not face the vaccine mandate and other legislation alone. GMS partners with businesses to take on time-consuming administrative burdens and guide them through difficult decisions, including how to handle the White House’s vaccine mandate.

    Ready to navigate through increased compliance requirements and other critical decisions that will affect the future of your business? Contact GMS now to talk with our experts about how we can make your business simpler, safer, and stronger.