44 JANUARY / FEBRUARY 2022 Michael A. Renninger ;ϯϭϳͿ ϲϵϱͲϳϵϯϵ ŵƌĞŶŶŝŶŐĞƌΛƌĞŶŶŝŶŐĞƌůůĐ͘ ĐŽŵ ǡ Ǥǡ ͷͳͺ ǡ ǡ ͷʹͺͲ ȋͷ͵Ȍ͵ʹǦʹͲͶ ǣ ǡ Ǥ Ƭ ǡ ǡ Ǥ ͘ ǁǁǁ͘ ƌĞŶŶŝŶŐĞƌůůĐ͘ ĐŽŵ Η&Žƌ ĂŶ ObjecƟve Assessment ŽĨ zŽƵƌ Challenges ĂŶĚ Professional ExecuƟonŽĨ zŽƵƌ OpportuniƟesΗ x ƵLJͲ^ŝĚĞ ĂŶĚ ^ĞůůͲƐŝĚĞ ZĞƉƌĞƐĞŶƚĂƟŽŶ ŝŶǀŽůǀŝŶŐ ǁŚŽůĞ ďĂŶŬƐ͕ ďƌĂŶĐŚĞƐ͕ ĂŶĚ ŶŽŶͲďĂŶŬ ĂĸůŝĂƚĞƐ x ^ƚŽĐŬ >ŝƋƵŝĚŝƚLJ͕ ĂƉŝƚĂů ĞǀĞůŽƉŵĞŶƚ͕ ĂŶĚ ^ƚƌĂƚĞŐŝĐ WůĂŶŶŝŶŐ x ^ƚŽĐŬ sĂůƵĂƟŽŶƐ ĂŶĚ &ĂŝƌŶĞƐƐ KƉŝŶŝŽŶƐ Ǧ Ǧ Ǥ ǣ employer had not announced its vaccine policy, the letter was addressed to family and friends, and the letter did not mention the employer or its vaccine policy or even employee vaccine programs generally. The letter was a “religious or political communication” without any nexus to the employer. Thus, the letter was not for the mutual aid or protection of coworkers. The information in this article is provided for general information purposes only and does not constitute legal advice or an opinion of any kind. You should consult with PIKEP GSYRWIP JSV EHZMGI SR ]SYV MRWXMXYXMSRŭW WTIGMƤG PIKEP issues. 1 The Jan. 10 deadline applies in Federal OSHA states, where the federal government enforces the OSH Act. In States that have approved State OSHA plans where a state agency enforces workplace safety regulations (like Indiana), the compliance deadlines are less clear. Ordinarily, State Plan states have 30 days to adopt a federal ETS or come up with their own plan which is at least as effective. As of this writing, OSHA has not yet announced how the court challenges and changing implementation deadlines impact implementation of the ETS in State OSHA plan states. 2The National Labor Relations Board enforces the National Labor Relations Act. The NLRB has jurisdiction over most private employers, including “federal contractors.” Banks SV SXLIV ƤRERGMEP MRWXMXYXMSRW XLEX LEZI JIHIVEP HITSWMX insurance, or are issuing or paying agents for U.S. savings bonds, are considered federal contractors under the NLRA. Federal Reserve Banks are excluded from the jurisdiction of the NLRB. What Should Employers Do? Employers should have a lawful solicitation and distribution policy. The policy should explain, among other provisions, that employees may not engage in solicitation or distribution of literature during working time. It should also explain that employees cannot engage in any unlawful conduct or otherwise violate the employer’s lawful policies, and that violation of the policy will result in discipline. Employers should be prepared to engage in respectful dialogue with employees about vaccine policies or lack thereof. Employers should inform and train their managers on how to respond to protests, complaints or concerns. Managers must understand that employees cannot be fired or otherwise disciplined for complaining or protesting if they are acting in a lawful manner. Employers should consult with their employment counsel before taking any adverse action against an employee. HB To help promote banking as a career, the Indiana Bankers Association has created a shareable #BetterInBanking flyer. It features information about bank functional areas and matching skillsets, the benefits of a career in banking, and how being part of the banking industry can make a difference in the communities banks serve. To download the #BetterInBanking flyer, go to indiana.bank/betterinbanking-flyer, or click on the green arrow in HB Digital. Additionally, visit indiana.bank/next-gen for details about the IBA Next-Gen Bankers Video Series, Indiana BankLEAD internship program, BankTalentHQ and the IBA Future Leadership Division. HB #BetterInBanking Flyer Available
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