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Policies / Handbooks

Differing male and female grooming standards may signal opening for religious accommodation

08/27/2008
Some religions prohibit men from cutting their hair. That can conflict with company grooming standards that set different limits on how long male and female employees may wear their hair. Generally, courts allow such differences … Even so, a man whose religion says he cannot cut his hair may have a religious discrimination case.

Cell phones, laptops and BlackBerrys: Understand the liability risks

08/27/2008

Before you hand out cell phones, laptops and BlackBerrys to everyone on your staff, understand that such tech tools may expose your organization to legal liability. Two legal minefields are particularly worrisome …

Handling a boorish union rep

08/27/2008
Q. One of our employees serves as a committee member for a labor union that represents some of our employees. He uses his union position to protect himself from our company’s policy on insubordination. Does management have a right to ban this employee from the property when he conducts labor business because of his combative, disrespectful and intimidating manner? What rights does management have under this circumstance? …

Must we translate our handbook?

08/27/2008
Q. If an employee speaks Spanish and doesn’t understand English, am I required to have my handbooks and other policies translated into Spanish? Is the handbook valid if the employee signs but does not understand the content?  …

Sorry, no take-Backs on FMLA

08/26/2008
In July 2001, Steven Peters joined Gilead Sciences, a California-based pharmaceutical company, as a therapeutic specialist. In December 2002, Peters took leave under the FMLA for surgery. He took a second leave in March 2003. On April 25, the company sent a letter to Peters, saying that because he held a “key” position the company could not keep open, he had been replaced …

Gas pains: Implemented properly, telecommuting can be win-Win

08/26/2008
During this period of high gas prices, telecommuting could help employees cut commuting costs. With the right kind of phone and computer equipment, many workers can do their jobs as effectively from home as they can from their usual work sites. Employers benefit from increased productivity and lower absenteeism, higher retention rates and better employee morale …

Employee showed up tattooed and pierced: Can we now implement a dress code?

08/26/2008
Q. We are a small “mom and pop” restaurant that promotes a family atmosphere. Recently, one of our waitresses got a tattoo on her forearm and an eyebrow piercing. We do not have a formal dress code, but generally we do not want our employees to display tattoos, and we prefer limiting visible piercings to two in each ear. Because we think the waitress’s appearance is inappropriate for our restaurant, we are considering implementing this policy through a written dress code that we will distribute to all employees. Is our planned dress code legal? …

Could a court order force us to compromise our employees’ privacy?

08/26/2008
Q. I heard that Google is being forced to hand over YouTube access logs to Viacom as evidence in a copyright suit. This seems like a major privacy issue. Our company provides free health information to our employees over the Internet. Our internal web site users have created employee profiles that include personal information such as their names and e-mail addresses. Could we be forced to hand over our user information if we ever became involved in litigation? …

Child porn from lawmaker’s PC leads to quick resignation

08/25/2008
Just a week after child pornography was found on his office computer, State Assemblyman Neil Cohen turned in a one-sentence resignation letter. A General Assembly staffer allegedly found a photo of a naked girl in Cohen’s Union Township office …

Employees win right to sue for employer post-Employment conduct

08/25/2008
Employers that think their liability ends when a terminated employee walks out the door better think again. A recent New Jersey case expanded employees’ rights to sue employers for post-termination nonemployment-related conduct. In the wake of the decision, courts may construe common employer acts as retaliation …