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Policies / Handbooks

Creating an effective blog policy to limit employer liability

10/01/2007

Employment lawyers have been warning for some time that blogs will one day be a volatile issue in the workplace. Recent events show that day has arrived. For example, a member of the Cherokee County, GA, Planning Commission provoked a firestorm of controversy after an online post she made advocated dismantling Israel to achieve peace in the Middle East. The outcry forced her to resign …

Refusing to hire former criminals: Is it race discrimination?

10/01/2007

Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why. A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity” …

Pregnancy: Run disability leave concurrent with FMLA?

10/01/2007

Q. We provide short-term disability leave to new mothers. Is there any reason we can’t run that leave concurrent with FMLA leave? —S.B., Washington …

Can you force a worker to get FMLA certification?

10/01/2007

Q. We want to run paid time off concurrent with FMLA leave so employees don’t receive more than 12 weeks off (paid and unpaid combined). What if an employee says she’s taking vacation time, but we know it’s for medical tests? Can we force her to get a medical certification so we can subtract the paid vacation time? —L.L., Georgia …

Harassment victim doesn’t have to complain right away

10/01/2007

Under Title VII’s sexual harassment provisions, employers have few defenses if supervisors harass subordinates to the point that there’s a hostile work environment. But if the employer has an effective and well-designed complaint process that promises relief, it can reduce its liability—usually even if the harassed employee doesn’t take advantage of that process …

Class action may be price for policies that invite off-the-Clock work

10/01/2007

Does your organization have top-down policies that tacitly create incentives for hourly employees to work extra hours without pay? If so, you may be risking a class-action wage-and-hour lawsuit. That’s what happened to one large employer when a disgruntled hourly employee claimed the company practically forced him to work extra hours in order to keep his job …

California’s sexual harassment training requirements: The final word

10/01/2007

If you’ve been looking for definitive guidance on California’s Sexual Harassment Training Law (AB 1825), it’s finally here. The Fair Employment and Housing Commission issued final regulations implementing this first-in-the-nation law on April 23, and the Office of Administrative Law approved the regulations on July 18. The regulations include specific direction on the type, length and frequency of harassment training that California employers must provide to their employees …

Preparing for work: Pay depends on rules, employer benefit

10/01/2007

Do your employees have to put on special uniforms or equipment before beginning work? If the law or your company policy requires it, chances are the time spent getting in and out of the clothing or equipment should be paid time …

Need to know: Avoid promising 100% secrecy

10/01/2007

HR often has vague policies for when they’ll share an employee’s confidential information. Fact: You can’t always promise an employee that her conversation with HR will be confidential.

Do your policies violate the NLRA? You might be surprised

10/01/2007

Employers beware! Do your personnel policies—or how you enforce them—violate the National Labor Relations Act? The answer may surprise you, especially if you operate in a union-free environment. Earlier this year, the National Labor Relations Board heard oral arguments in a case that will determine whether employees have the right to use their company’s e-mail system, or other communications-based systems, to communicate with each other regarding union matters and terms and conditions of employment …