Naomi Soldon works as a labor law attorney handling various employment industry matters, including employee labor unions, health, and pension funds. On behalf of her clients, Naomi pursues third parties on behalf of these funds. As well as drafting compliance documents in a field of ever-changing laws and regulations, she often spends time in court handling complex ERISA litigations. In the following article, Ms. Soldon reviews labor laws and post-pandemic hiring practices, and discusses why companies have had to fine-tune their hiring practices.
Nothing in recent years has affected the way we live our lives like the COVID-19 pandemic and its impact can even be seen in the ways companies hire and maintain staff. Due to unique changes in their operations, companies are now facing legal challenges, with some cases even leading to labor litigation. To avoid further disputes, businesses are reassessing their post-pandemic hiring practices to adjust to employees’ needs, explains Naomi Soldon.
By carefully reviewing their employees’ hours, compensation packages, and time off, companies are hoping to successfully retain new hires and avoid breaching labor laws at a time when millions of Americans are resigning in favor of better work conditions.
Hybrid and Remote Work Lead to Countless Hours of Unpaid Overtime
The COVID-19 pandemic has forced many companies to allow their employees to work remotely, which has led to a whole host of new issues regarding how these employees are managed and compensated. One of the most significant problems with remote work is that it often leads to employees working more hours than they are paid, explains Naomi Soldon.
This is because many employees feel pressure to be available during traditional work hours, even if they are not physically in the office. They may also feel like they need to work more hours to prove that they are still productive, even though they are not being paid for their extra time.
This has led to a significant increase in the number of lawsuits alleging that companies have violated the Fair Labor Standards Act (FLSA) by not paying employees for their overtime hours. In a handful of high-profile cases, a group of employees working for Bank of America and Wells Fargo filed a class action lawsuit alleging that they were not paid for the extra hours they worked from home, according to Naomi Soldon.
To avoid similar lawsuits, companies are reassessing their remote work policies and compensation structures. Many are setting clear expectations for employees regarding the hours they are expected to work and instituting stricter time-tracking procedures. Naomi Soldon explains that others are offering employees more flexible work schedules or additional paid time off to compensate for the extra hours they are working.
Paid Time Off and Other Benefits Are Now More Important Than Ever
Another way that companies are adjusting their post-pandemic hiring practices is by offering more generous paid time off (PTO) and other benefits packages. This is because employees are now more interested in working for companies that offer these types of perks.
PTO has been found to be the most important employee benefit, with nearly 60% of respondents saying that it was “extremely important” or “very important.” Other popular benefits included health insurance (54%), retirement plans (51%), and flexible work schedules (50%).
Naomi Soldon says that to attract and retain employees, many companies are now offering more generous PTO packages. Some are even offering unlimited PTO, which allows employees to take as much time off as they need, without having to worry about accruing vacation days or using up their PTO balance.
Other companies are offering additional benefits, such as student loan repayment assistance, childcare benefits, and pet insurance. These benefits are especially important to employees who are struggling to balance work and life responsibilities during the pandemic, according to Naomi Soldon.
Greater EEOC Oversight
Naomi Soldon explains that the Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit discrimination in the workplace. The EEOC has seen a significant increase in the number of discrimination complaints since the start of the pandemic, with more than 12,000 discrimination complaints in the first six months.
The most common complaints were related to race, disability, and sex. To combat this increase in discrimination, the EEOC has issued new guidance on a number of topics, including COVID-19 testing, PPE requirements, and teleworking, says Naomi Soldon. The EEOC has also ramped up its enforcement efforts, filing a number of lawsuits against companies that have allegedly violated the law.
To avoid EEOC scrutiny, companies are reassessing their hiring practices and ensuring that they are following all federal anti-discrimination laws. They are also being more careful about how they screen and select job candidates, to ensure that they are not inadvertently discriminating against any protected groups.
The Bottom Line
The COVID-19 pandemic has had a profound impact on the way we live and work. Companies are facing new challenges, which have led to a reassessment of their hiring practices. Naomi Soldon says that by offering more generous PTO packages, flexible work schedules, and other benefits, companies are hoping to attract and retain employees in the post-pandemic world.
