https://torontosun.com/opinion/columnists/chaudhri-2021-employment-law-trends-you-need-to-know

While 2021 is in full swing, various provincial and municipal lockdowns have left us feeling that the year hasn’t even started yet.

But one thing is for sure, COVID changed the world of work, possibly for all time.

What are some trends we can look out for in 2021? Read on.

Employee productivity will be tracked:

For remote workers, you may have noticed an uptick in the use of new platforms including various software like Slack, Microsoft Teams and Desktime. Not only do these platforms allow colleagues to more readily interact than over typical email chains, they, more importantly, allow employers to track when employees are “online and active” as opposed to away from the computer during the workday. Employers now have unprecedented access to how many hours employees are putting into their work and also their patterns of inactivity during the day and even well into the evening and weekend hours. As a result, remote work may not offer employees a better work/life balance but greater scrutiny around employee performance and output.

Remote work will end for many:

Despite the widespread acceptance of telecommuting, once vaccines lower COVID cases, employers — including the likes of Google — will be creating systems to return employees to their brick and mortar workspaces. Expect modifications to your workspace such as hoteling systems, more open space and a focus on in-person collaboration when you return.

Employers will take a side on vaccinations:

Employer-mandated vaccinations will be a hot topic for 2021. Employers will need to quickly determine which roles in their organizations require employees to work closely and whether or not vaccines must be mandated in order to extend invitations back into the workplace. Employers must also ready themselves for legal challenges from employees who elect not to vaccinate and request to continue to work from home. Almost a year into the pandemic, many have changed their family dynamic to accommodate remote working and remote schooling, which will surely push many employees to ask their employers to maintain their new work/life schedule.

Less women will return to work:

It is a fact that COVID has had a disproportionate impact on female employees worldwide. The United Nations released a report suggesting the pandemic will push more women into extreme poverty than men, affecting women 18-34 more so than other age groups. The UN report also finds that the hardest hit industries — such as food service, retail and entertainment — employ more women. Globally, according to the UN paper, 58% of employed women work in informal employment. Within the first month of the pandemic informal workers lost on average 60% of their earnings. This means that more women have been unemployed during the pandemic and with the pressures of child rearing and remote learning, less women will have access to flexible work arrangements to actually re-enter the workplace when the pandemic relents.

Diversity is here to stay:

With the global recognition of #blacklivesmatter and #metoo, diversity and inclusivity are no longer aspirational goals but instead basic expectations in every workplace. This means changes to executive management that better reflect gender parity and racial diversity. This also means social media for employees and employers will be carefully monitored to ensure online content aligns with corporate views.

Social media is under the microscope:

2020 saw many employees fall to the back of the unemployment line thanks to social media posts featuring racist, anti-mask and pro-violence content. More employees working remotely will make employee online profiles that much more important to your employer. Social media postings or activity captured on social media that weakens an employer’s reputation is less likely to be tolerated in 2021.

On to your questions from the week:

Q. I work at a large retail company in the distribution center and recently posted for a seniority posting and won the posting. The company advised me that in order to accept this position I must agree to quarantine for one week at my own expense. As this is their request, I think that this is unfair. This is a company that has done quite well throughout the whole COVID mess. Since last January we have been asked to work double time. For about three months we were paid a COVID top up and a couple of other perks. This pay and perks were ended months ago but the overtime offered was not. Can they insist that I stay home and not pay me despite there being work available and/or can I get government money for that time? Many employees are being paid to work from home though I understand my job does is not suitable for this.

A. This doesn’t sound fair. I would remind your manager (in writing) that you worked overtime during the pandemic and that you were not compensated the entire time, which is unfair and contrary to the Employment Standards Act. Ask for payment. Offer to work from home for the week they want you to quarantine or offer to get a negative COVID test before your start date. A week in quarantine would not satisfy the provincial requirement anyway. If you are forced to stay home, you can avail yourself of the EI sick benefit, although that may not fully replace your lost income.

Q. I work with a person who is an anti-masker and an anti-vaxxer. He sends emails saying COVID is really a creation of the government and other conspiracies. I actually got along quite well with this person until the pandemic started. I already complained twice about his emails to management, but I don’t think there has been any recourse. What should I do?

A. Forward the emails again to management. Ask for a response. Say that it makes you uncomfortable and that if there is not a response you will include them in a complaint to the Ministry of Labour to ensure the workplace is safe for you to work in despite his views. That should get your employer’s attention.

Email me with your Covid related workplace questions at schaudhri@lscslaw.com and your question may be featured in a future article. Till then, stay safe my friends!