Paychex HR and Payroll Services in Dublin, Ohio

Considerations for Ohio Employers While Preparing to Bring Employees Back to Work

This is not an exhaustive list. It is an addendum to the Paychex Return to Work Checklist. Employers should consult with their HR professionals or legal counsel, where appropriate, as well as the Ohio Division of Commerce’s Bureau of Wage & Hour Administration and COVID-19 websites.

☑ Consult federal, state, and local guidance and examine timing of re-opening businesses

Ohio’s Director of Health has issued an order allowing restaurants, bars, banquet and catering facilities that have onsite consumption of food, beer, wine, and liquor to re-open for full, dine-in services if all workplace safety standards are met. In mid-June, other larger venues, including casinos and water parks, were permitted to re-open. However, additional order might be issued regarding re-openings and closures.

☑ Determine recall or rehire date of employees?

This will depend on a number of factors including, but not limited to, the specific needs and requirements of a business. This may also impact employers seeking loan forgiveness for their Paycheck Protection Program loan, as well as may establish entitlement to leave benefits under FFCRA. Therefore, determining a recall or rehire date will be dependent on the facts and circumstances of each business.

☑ Understand any applicable federal, state, or local leave laws

☑ Understand the obligations under a collective bargaining agreement (CBA) if you have unionized employees or an employment agreement, for non-unionized employees

Check applicable agreements for specific obligations. For example, a CBA may provide rehire/recall language, including agreed upon factors in order to bring employees back. Most changes will need to be negotiated with the union. For employment agreement obligations, employers should review the contract and, if in doubt, consult legal counsel.

☑If an employee was terminated and signed a separation agreement, check the language to see if the rehire requires an amendment to the separation agreement.

☑Consider providing letter offering return to work or rehire opportunity to employees

Reinstatement, whether from furlough or permanent layoff, and documentation of the employee’s response should be in writing, and documenting offers and rejections may be important for unemployment insurance and for PPP loan forgiveness purposes.

☑ Review and adhere to internal policies and state/local laws on rehiring, if any, to determine any reinstatement of accrued sick leave, PTO, or vacation time, especially if these were not paid out at the time of furlough or layoff.

☑ Consider providing returning employees with the option to complete a new Form W-4 in case the employee wants to make changes upon returning to work.

☑ Explore whether “new hire” employee documents (i.e. employee handbook, handbook acknowledgment, direct deposit, employment agreement, etc.), are required and, if so, properly executed to ensure they are effective.

☑ Does the employee need to update an existing Form I-9 or complete a new Form I-9?

Review information and compliance requirements for Form I-9.

☑ Did employee elect COBRA or Ohio continuation coverage, and what benefits will employee be entitled to upon their return?

☑ Determine status of health plans, cafeteria plans, and fringe benefit plans, such as vision and dental insurance.

☑ Determine implications for 401(k), 403(b), and/or pension plans

☑ Evaluate executive compensation and exempt classification status to determine what, if any, changes are necessary. Also review any applicable employment or severance agreements.

☑ Consider appropriate health and safety requirements under federal, state, and local laws or specific actions taken related to the COVID-19 pandemic

Learn what new supplemental policies on safety are recommended or required to be followed and documented. For example, measures to promote social distancing in the workplace are recommended and safety gear such as masks and gloves may be required to be provided to employees.

Additional considerations as you prepare to return employees to work include applicable wage and hour laws, especially if employees work schedules, pay rates, and classification under state and federal laws.

What Ohio businesses should know:

• payx.me/RTW-checklist-ohio

Implementing a formal onboarding process is a key part of enhancing employee retention and productivity. Onboarding can help new hires adjust to their jobs more quickly, acquire many of the skills and the knowledge needed to contribute to the organization, and get up to speed on the social and performance elements of their new positions. Read on to learn more about the importance of onboarding and what it takes to implement a solid employee onboarding process at your business.

The First Six Months: Establishing a Formal Employee Onboarding Process

The first six months can be critical for a new employee as they form impressions that can impact retention and performance. Establishing a clear, formal onboarding process can set each new employee up for success by helping them navigate the company environment and understand what it takes to succeed in their new position. A formal onboarding and orientation process may include written materials, orientation courses and presentations from HR and managers, meetings with internal stakeholders, shadowing and training, and ongoing mentorship.

Why Is Onboarding Important?

In a competitive hiring landscape, it's important to take steps to make a great first impression and focus on how the business welcomes new hires. From the time an offer is extended until the day the new hire becomes fully productive, the employee onboarding experience can lay the foundation for long-term success.

Here's a closer look at some reasons why having a formal employee onboarding process is important.

Helps Communicate Cultural Norms

Each business has its own organizational culture. The earlier an employee understands what is expected of them and what it takes to succeed within the organization, the more likely they are to become a productive and satisfied employee. Communicating cultural norms can include sharing written, formal policies, and explaining why they are important and how they're enforced. It may also involve explaining the organizational structure, outlining internal processes and communications protocols, and ensuring that the employee understands what steps they can take to approach specific challenges. Finally, successful onboarding also requires communicating the intangible factors of the work environment.

Shortens the Time to Productivity

Conventional wisdom suggests that it takes weeks or months for an employee to get up to speed in a new position. But thorough onboarding programs can drastically reduce the time to productivity. One of the most important aspects of this is communicating the responsibilities of the position, the expectations and metrics for success, the reporting lines, and processes associated with the position. One-on-one time with the employee's manager to answer questions can help the employee understand their role as part of the big picture, and providing necessary training can also help increase productivity earlier in employment. Spending time explaining team dynamics, team processes, and norms of communication is another way to underscore employee success.

Fulfills Brand Promise and Differentiation

Your onboarding process should help give employees the tools and knowledge needed to represent the business. Best practices would include communicating these values and unique selling points. Provide clear examples of how each position would represent these values as part of their role, from a vice president of sales interacting with key clients to an assistant representing the brand on the phone. Finally, site visits or themed presentations that show successful examples of company branding can reinforce these points.

Supports Training, Development, and Performance

As your company develops an onboarding program, it should include both standardized components and specialized adaptations for individual employees and positions. Your onboarding process should have the flexibility to provide specialized training to help each employee succeed in their specific position. In addition, consider building in support that provides a development plan incorporating mentorship, future training opportunities, and growth assignments. Managers, mentors, and HR staff can then support employees as they grow.

Reduces New Employee Turnover

With quit rates reaching record levels, many businesses continue to struggle to provide a positive employee experience. The Bureau of Labor Statistics (BLS) revealed that the nationwide quit rate was 2.6 percent or about 4 million individuals in February 2023, one of the highest rates since 2000 when BLS first collected this data. And according to the Society for Human Resource Management (SHRM), employee turnover can be as much as 50 percent in the first four months of employment.

These statistics support the idea that the risk of employee turnover can be present even during a new hire's first days and months. Many HR leaders understand this and have identified the importance of having a new-hire onboarding process. According to the 2022 Paychex Pulse of HR Survey, 35 percent of HR leaders said focusing on the onboarding process to help new hires feel engaged and be productive as soon as possible works best when it comes to fostering overall employee engagement.

Acclimates New Hires

Part of a successful onboarding process includes providing new hires with information about your industry, business history, and big-picture strategy. They should also become acclimated to your culture, values, and the people they'll be working with. As part of this introduction process, allow employees to reflect on their own background, values and strengths, and career aspirations. Then empower them to contribute to their role and place in the company, identify potential growth opportunities, and provide them with the resources and information they need to be successful.

Encourages Employee Engagement

Taking a concerted approach to acclimating new hires also aids in employee engagement. Consider establishing onboarding programs that account for factors such as the unique ways each new hire may like to learn. Successful onboarding programs embrace a variety of learning methods and resources (video, interactive elements, webinars, apps, animation, etc.) that promote greater interest and engagement. Shadowing team members or establishing mentoring programs can also offer real-life information that you can't capture in new-hire materials. When new employees can take what they've learned and apply it to the actual workspace, it increases their sense of comfort and builds confidence in their ability to contribute to a new work environment.

Assists With Recruiting

A positive onboarding experience can increase word of mouth to future candidates and boost an employer’s reputation as a great place to work. During onboarding, allocate time for new hires to begin forming a solid relationship with their manager, create opportunities for new hires to meet colleagues from around the business, and build on the interactions they had during the recruiting process.

Begin or Improve Your Employee Onboarding Process Today

When you take the time to recruit and hire high-quality talent, it's important that you also acclimate them to their jobs and the business in engaging and effective ways. Learn more about how you can streamline the onboarding process to help new hires get up and running more efficiently with Paychex.

If you hire employees, you want their employment to be a positive experience. However, an applicant, or current or former employee may take legal action against your company that could put the company at risk. To help mitigate your exposure from costly claims, employment practices liability insurance can offer some protection. Learn more about EPL insurance, how it compares to other common types of business insurance policies, costs associated with such a policy, and how EPLI can help protect your business.

What Is EPLI?

Employment practices liability insurance, commonly referred to as EPLI or EPL insurance, is a type of business insurance policy that helps cover company losses associated with certain employment claims alleging violations of the rights of an employee or applicant for employment. If a job applicant, or current or former employee takes legal action against your business, EPLI may help cover defense costs and damages, regardless of the outcome of the action. Learn more about what may be covered under EPLI policies.

EPLI may be purchased as a standalone business policy. It's also common to bundle this coverage as part of a business owner's policy or general liability policy.

What Is the Difference Between EPLI and Workers' Compensation Insurance?

EPLI and workers' compensation insurance are separate types of coverage. EPLI helps protect the company against certain employment-related claims including wrongful employment practices. Although there is no legal requirement to carry this coverage, it may be a good business decision for any company hiring employees. Workers' compensation insurance policies, on the other hand, cover medical expenses and lost wages for employees who experience a work-related injury or illness. Workers' compensation insurance is mandatory for most employers in most states.

Is EPLI the Same As Errors and Omissions Coverage?

No, EPLI and Errors and Omissions (E&O) insurance are distinct coverages. Generally, EPLI provides protection from certain employment-related claims, while E&O covers liabilities stemming from customer or client claims. For example, errors and omissions would help cover court costs and settlements if a customer were to file a lawsuit alleging negligent actions in your professional services. A common claim errors and omissions might cover is a suit for breach of contract. E&O policies often cover the business owner and employees.

What Is the Difference Between EPLI and Directors and Officers (D&O) coverage?

D&O coverage is a form of professional liability insurance that protects the personal assets of company executives, officers, and board members in the event they are sued for alleged wrongful acts in managing a company. It can provide coverage for employment issues (but only for covered individuals, i.e., directors and officers) and can also cover things like breaches of fiduciary duty. Additionally, any business with a board of directors, including small companies, can have a D&O insurance policy. While EPLI can also be beneficial for businesses of any size, the policy’s aim is to protect the company from allegations from applicants and current or former employees. Whereas D&O insurance provides liability protection for claims brought by people outside of a company, such as dissatisfied clients or investors.

EPLI Claims Examples

Employment-related claims can result in significant negative impacts to a business's bottom line, reputation, and productivity. Common EPLI claims may include:

• Wrongful termination: While many employees are employed at-will (meaning that the employee or employer can terminate the employment relationship for any reason or no reason at any time except where prohibited by state law or public policy), employees may claim that they were wrongfully terminated.
• Charges of workplace harassment: An alleged harasser can be the victim's supervisor, a supervisor in another area, a co-worker, a subcontractor, or someone outside the company, such as a delivery person or vendor. Harassment victims may include any individuals affected by the offensive conduct, not just the person targeted by the harasser.

Who Needs Employment Practices Liability Insurance Coverage?

With the number of employment-related claims filed with the EEOC, given the steep costs associated with employment related claims, nearly any business with a workforce can benefit from EPLI coverage and mitigate their financial exposure. While no industry is immune from employment-related risk, a few examples of industries that could particularly benefit from EPLI coverage include:

• Retail, an industry known for high turnover rates, may be susceptible to claims alleging age discrimination, harassment, or wrongful termination.
• Hospitality, which could experience claims of harassment.
• Professional services, in which businesses may have to handle claims around issues such as harassment, gender and age discrimination, failure to promote, and wrongful termination.
• Manufacturing and construction, where ebbs and flows in the amount of work a business has can lead to layoffs which increases the chances that employees will claim they were wrongfully terminated.
• Healthcare, where employees may allege experiencing harassment.

How Much Does EPLI Cost?

The cost of EPLI insurance policies will vary, and depend on your industry, employee count, the jurisdiction where you operate, whether your business has any history of similar employment-related litigation, and if you have established and consistently enforced employment policies, often documented in an employee handbook, in place. Often, an EPLI policy covers legal defense fees and settlement costs or damages (up to your policy's limit), whether you win, settle, or lose a case.

EPL Insurance Can Help Protect Your Business

Employment practice claims have become one of the fastest-growing sources of litigation. Make sure your business is prepared to mitigate the cost of these claims with protection through employment practices liability insurance. You may also want to learn more about how you can manage overall risk with our comprehensive guide on business insurance basics.