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MA Passed the “Crown Act”

On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair Act, the CROWN Act. The law went into effect immediately.

The CROWN Act prohibits discrimination against a person for wearing “[n]atural or protective hairstyle[s],” including, but not limited to “braids, locks, twists, Bantu knots and other formations” in workplaces, school organizations, and places of public accommodation. The law was inspired by the experience of twin sisters who were barred by their school from participating in or attending school sponsored events while wearing braids with long extensions, which school officials stated violated school policy. Massachusetts joins seventeen other states that have passed similar laws, and comparable legislation is being considered at the federal level as well.

The CROWN Act adds “natural or protective hairstyle” to the enumerated list of protected categories in a number of existing Massachusetts state laws, including the laws prohibiting discrimination in employment, housing and lending (M.G.L. c. 151B, § 4), in public school enrollment (M.G.L. c. 76, § 5), in school bullying and prevention plans (M.G.L. c. 71, § 370), in charter schools (M.G.L. c. 71, § 89), and in places of public accommodation, such as restaurants, stores and hotels (M.G.L. c. 272, § 92A). 

The law prohibits denial of employment and educational opportunities in places of work, schools, and school-related organizations on the basis of one’s “natural or protective hairstyle.” The law aims to eliminate discrimination against individuals from underrepresented groups based on stereotypes regarding natural hairstyles that are not related to the necessary qualifications for a position.

Violations of the CROWN Act may result in a Charge of Discrimination or a subsequent civil lawsuit. Employers should review and update their EEO and nondiscrimination policies to include this new protected class. Dress code or appearance policies should also be reviewed to ensure compliance with the new law. Employers may want to consider training for managers and supervisors to ensure compliance with the law.

 

If you need help understanding this law and its impact, contact us.

“Willing-to-lend a hand” Wednesday August 31

What is your organization doing to recognize and celebrate “Willing-to lend a hand Wednesday”? Employees want to be a part of organizations that give back. One idea is to give your employees the day off to volunteer locally. Develop a policy that allows for this day off for all employees to give back to their community. Many employees want the opportunity to improve their social well-being. Your company can provide time and resources for them to participate in local volunteer opportunities outside of the office. Put together a suggested list of local volunteer opportunities, such as cleaning up at a local park, sorting food at the local food bank, or helping at a blood drive.

Click here to contact us for more ideas on how to incorporate volunteer opportunities in your business.

Are your employees taking time off to recharge?

During the height of the pandemic, stress and burnout increased, while overall well-being decreased. Also, employees took less vacation/personal time off, exacerbating these. Increased hybrid work blurred the lines between work and home. Even when employees do take time off, it isn’t as relaxing as it used to be due to technology allowing us to be “always on”. It is all too easy to check email and complete quick-task requests. 

 

Companies have tried to solve this issue in varying ways. One approach that some have tried is a company-wide shut-down for a week which forces employees to disconnect and reduces the guilt of enjoying their time off, since no one is working. Employees return re-energized and excited to share vacation stories from their shared time away.

 

Another approach companies are taking to encourage employees to take vacations is a pause or removal of “use it or lose it” policies. The thought behind this policy is it forces employees to take time off instead of accruing a large amount of PTO. However, it can create large absences at the end of the year, which tends to the busy season. Allowing for a set number of roll-over vacation days should alleviate the flood of vacation requests in the last months of the year. An alternative to the “use it or lose it” policy is an unlimited PTO policy. Studies show that most employees do not take advantage of this policy, and actually need pressure to take days off. This may lead back to the original issue of employees not taking enough time off. 

 

If you want help to strike a balance with your PTO policies, contact us.

Update Policies to Reflect Hybrid Work

Are you helping your stressed hybrid/remote workers understand what constitutes issues on the job vs. during personal time? For instance, if a car accident occurs during work hours, but the employee is running personal errands, it does not fall under workers compensation. Have you defined what represents an appropriate work from home environment? Such as, will you allow children to be present during virtual meetings? If not, do you have a policy that addresses childcare or elder care and what your expectations are during working hours?

 

What started as a temporary, chaotic hybrid situation has led to over 75% of companies using a hybrid model and 25% of all professional jobs fully remote. Has your company written a new general remote work policy? Don’t expect your employees to accept “permanent flexibility” and adapt to constantly changing expectations and policies. It is now time to replace temporary policies and implement permanent processes and policies. 

 

First determine if you want employees to work hybrid, fully remote, or completely in the office. Be sure to allow reasonable accommodations for anyone with a disability, if you won’t allow everyone remote work options. If allowing for hybrid and/or fully remote options, there are several points to consider.

 

While amazing remote tech tools have been developed allowing more efficient remote/hybrid work, they are not without issue. 38% of employees experienced harassment in 2021 through chat apps, email, or virtual meetings. It is time to examine how to deal with harassment and update your HR harassment policies to include virtual harassment. Employer monitoring is another potential issue with use of remote tech tools. It is best to be transparent about how, what, and why you are monitoring through an official policy.

 

Additionally, companies are now hiring out of state employees who are fully remote. Things to review when updating your policies:

 

  1. State registration requirements
      • What are they? (workers compensation, FMLA, taxes)
      • Why they matter?
      • How do they differ from state to state?
  1. Laws that differ from state to state
      • At-will employment
      • Minimum wage
      • Exempt/non-exempt implications
      • Pay frequency requirements
      • Required training
      • COVID regulations
      • Insurance coverage in new states
  1. Limitations on what you can request from potential employees during the hiring process
      • Inquiring about criminal history 
      • Requesting credit reports 
      • Background checks 
      • Drug tests
  1. Labor Law posters and required notices
      • State signage requirements vary drastically from one state to another
      • Distribute electronically to remote-based workers
      • Requirements at the federal, state, county, and local level
  1. Employee handbook versions
      • Universal
      • State-specific
      • Addenda
      • Multiple
  1. Define guidelines and expectations in writing for work that is:
      • Flexible
      • Hybrid
      • Remote 

 

A hybrid-working policy aims to ensure fairness, collaboration, and productivity as workers move freely back and forth between the office and their desired remote environments. A successful hybrid-work policy will provide the basic outline of the expectations of each role and how it will function.

 

Still struggling with how to write/implement hybrid work policies? Let’s set up a free consultation to discuss how we can help!

Roe v. Wade, what employers need to know

What is Roe v Wade?

 

Roe v Wade was a 1973 legal case in which the United States Supreme Court ruled that unduly restrictive state regulation of abortion was unconstitutional, and that the Constitution protected the right to abortion prior to fetal viability. The decision invalidated a Texas law that prohibited abortion in most cases. The Supreme Court determined that the right to decide whether to continue a pregnancy came within the constitutional protection of the 14th Amendment.

 

Since the 1973 decision, many legal challenges to Roe v Wade have arisen – the most recent case being Dobbs v. Jackson Women’s Health Organization.

 

What’s happening now? 

 

Dobbs v Jackson:

 

Argued before the US Supreme Court in 2021, the Dobbs v Jackson case challenged the constitutionality of a 2018 Mississippi law that prohibited most abortions after 15 weeks of pregnancy. The petitioner asked the Court not only to uphold Mississippi’s abortion ban, but also to overturn Roe v. Wade and rule that there is no constitutional right to abortion

 

In June 2022, the US Supreme Court ruled in favor of the state of Mississippi, upholding its ban on abortion after 15 weeks of pregnancy, and further, wrote that Roe v Wade had been wrongly decided and had to be overturned.

 

What does the decision mean?

 

The decision holds that there is no federal constitutional right to an abortion, including under either an implied right of privacy under the Due Process Clause of the 14th Amendment or under the Equal Protection Clause, and returns the regulation of abortion and all related issues to the states.

 

 

*Due to the fluidity of the situation and differences in state laws, HR Synergy LLC is closely monitoring any regulatory changes that may occur at the State or Federal level*

 

We are professionals in this area and will continue to follow what is happening and give you recommendations based on guidelines. If you are unsure how to navigate and/or communicate with your team, feel free to reach out to us on social media with questions.

 

Juneteenth

 


How did your company recognize Juneteenth? Juneteenth celebrates the emancipation of the last enslaved Black Americans in Galveston, TX two years following the Emancipation Proclamation. In 2021, Juneteenth was added to the Massachusetts Blue laws and as such requires “premium pay if you have retail employees. The premium rate is 1.1X regular rate.” In addition to giving employees the day off (Monday, June 20 this year, since Juneteenth 2022 falls on a Sunday), businesses are honoring the day through employee education about the actual day and about continued racial barriers. Now is the time for organizations to create a Diversity, Equity, and Inclusion (DEI) program, if they don’t have one already. Good programming should foster a psychologically safe space to discuss DEI topics. Consider an anonymous Q&A opportunity for employees to ask DEI-related and general HR questions. Also, ask people of underrepresented groups for their personal insights through Employee Resource Groups. Use the anonymous submissions and ERG insights to create appropriate training for everyone. Be ready to accept missteps and make appropriate changes.
With the celebration of Juneteenth this month, it is a great time to discuss floating holidays. Companies can choose to give floating holidays, rather than a specific day off. This allows organizations to not single out holidays based on race, religion, or other protected classes. It also gives employees the flexibility to choose how and when they take holidays/personal days that are of importance to them.
Click here to contact us with questions and help with holiday schedules.

Survey Results: How are you Attracting/Hiring/ Recruiting/Retaining employees?


We are always trying to attract and retain quality candidates for our businesses. What steps are you taking to work on your company’s culture to maintain a strong workforce? Remember, it is not about adapting your culture to the applicant, but instead being transparent about your current company’s culture and living in it. Now it’s more like applicants are interviewing us and expect us to sell our company.

Read our clients’ responses to the survey and hear how their hiring practices are going in this new climate.

 

Offering competitive wages and benefits are common hiring and retention challenges companies are currently facing. Recent hiring events have been very different prior to COVID and the remote/hybrid workplace. Many candidates are looking to change industries and find positions that are more aligned with their personal and professional goals. These candidates are excited and enthusiastic about their new opportunities.

Paying premium compensation for the “right fit” seems to be the new theme. Steps taken to overcome these challenges include increasing the hiring rate and benefits package and launching an educational campaign to bring employees to their field.

Another way companies are overcoming hiring/retention struggles is to review and modify the interview and onboarding process to ensure the candidate has an inclusive experience.

Candidates are looking for hiring bonuses in addition to higher base salaries and flexible work arrangements (hours, remote, hybrid). Companies are choosing to include salary ranges and complete job responsibilities in their posted job descriptions for transparency.

During the interview process, organizations are switching up who is part of the interview process to show candidates their company culture. Another way organizations are revamping their hiring practices is increasing their digital presence.

Lastly, taking the time to find the candidate that is a good fit for the company and whose core values align with the business will save the company time, money, and morale. Keep searching until you have “the one”. Settling to fill a gap rarely turns out well!


Click here to contact us with hiring and retention help.

June 2022 HR Compliance Deadlines

June 30 End of Q2
– Remind employees to take advantage of any eligible voluntary benefits
July 1
New Employment Laws

40+ new employment laws take effect July 1 at the state and local levels. Companies must comply with employment laws in jurisdictions where the remote employees live. A comprehensive list can be found here: XperHR – State Labor Law Changes eff. 7.1.2022.

3 states, Connecticut, Nevada, and Oregon, and over 20 US jurisdictions, the District of Columbia; Montgomery County, MD; Chicago and Cook County, IL; St. Paul and Minneapolis, MN; Portland, OR; and 10+ localities in CA, will incur minimum wage increases. CT’s recreational marijuana law’s employment-related provisions occur July 1, where employers can prohibit possession and use of marijuana and conduct testing. CT also has new posting and notice requirements starting July 1.

If you are unsure how to navigate deadlines and communicate with your team,
HR Synergy is happy to help you. Click here to contact us.