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Policies / Handbooks

Can we require riffed employees to sign a release before they receive severance pay?

07/20/2009

Q. Under our company policy, employees who are terminated because of a reduction in force are entitled to severance pay. Can we require them to execute a release in order to receive severance pay?

How far can our company go in prohibiting employees from smoking?

07/20/2009

Q. We are committed to providing a healthy and safe environment for our workforce. To that end, we strictly prohibit smoking on company property. Can we also prohibit employees from smoking during their lunch breaks and outside of work?

Are there ADA implications if we ask applicants to take personality tests?

07/17/2009

Q. We would like to administer personality tests to job applicants. Would this violate the ADA? A. Personality tests are a good example of the types of policies likely to be affected by the recently passed ADA Amendments Act of 2008 …

Jargon kills: Use plain language in policies

07/17/2009

When an El Pollo Loco restaurant manager filed a wage lawsuit, the company pointed to its handbook that said (in English and small type) “all employment-related disputes must be resolved through binding arbitration.” The manager argued that employees didn’t understand what they were signing and, therefore, the policy wasn’t valid.

Soda machine attacker wins workers’ comp

07/17/2009

Employees typically earn workers’ compensation for injuries incurred “in the course of work.” In Illinois, it seems, attacking the company vending machine is all in a day’s work. Vending-machine vigilantes are also covered in Oregon …

Can you ask applicants if they have relatives on staff?

07/17/2009

Q. On our applications, can we include a question that asks if applicants are related to any current employees?

No haircut, no job: Was it discrimination?

07/15/2009

A jury will decide whether Wackenhut Inc. discriminated against Lord Osunfarian Xodus when the security firm turned him down for a security guard position. Xodus, a Chicagoan who practices Rastafari, claimed he lost out on the job after he refused to cut his dreadlocks for religious reasons.

Social media and HR: Managing the legal risks, updating your policies

07/14/2009

Whether they’re shooting off their own tweets or following others, employees using Twitter, Facebook, MySpace and personal blogs are creating liability and PR risks with their online rants, raves and company gossip. We’ve gathered the best of HR Specialist’s recent coverage of social media’s HR implications. You’ll find sound legal advice, and maybe a laugh or two.

Get your I-9s in order: ICE launches new audit campaign

07/14/2009

The Obama administration is stepping up efforts to audit employers it believes are violating federal employment eligibility verification laws. At the same time, it’s ending "no-match" letters and requiring federal government contractors to use the E-Verify electronic verification system. Find out the latest on the ever-shifting issue of immigration and employment.

In Brookville, if you’re going commando, you’re going home

07/13/2009

The Brookville, Fla., City Council has approved a new dress code for municipal employees, requiring them to observe “strict personal hygiene,” including the use of deodorant. An “observable lack of undergarments” is explicitly forbidden.