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Policies / Handbooks

Employers, employees affected as Illinois adopts smoking ban

09/01/2007

Citing the toxicity of secondhand smoke, Gov. Rod Blagojevich signed Senate Bill 500, the Smoke-Free Illinois Act, into law on July 23.  The law takes effect Jan. 1 and requires employers to provide smoke-free workplaces for all employees. The new state law does not mean employers can ignore local anti-smoking ordinances. Municipalities may still enact smoking bans that are tougher than state law, but all Illinois jurisdictions must meet the new state standards when the law takes effect …

University of Michigan employee uses card to swipe $160,000

09/01/2007

In the third known case of employees abusing University of Michigan credit cards, a former maintenance supervisor at the university has admitted stealing $160,000. He faces a hearing to determine restitution …

Use contractual limitations to protect company and managers

09/01/2007

Michigan courts have generally upheld as valid and enforceable provisions within an employment application or employment contract that place time limits on when employees can sue their employers. Thus, while the statute of limitations for filing a claim of discrimination under Michigan’s Elliott-Larsen Civil Rights Act is three years, a Michigan court has upheld contractual provisions providing for a shortened limitations period of six months …

Don’t use attendance policy to avoid accommodations

09/01/2007

While attendance is an important goal, refusing to allow disabled employees some leeway is a sure way to the courtroom. Before you adopt a strict no-excuses tardiness policy, make sure you consider the special problems disabled employees may have. You can’t just declare that being on time is an essential function of every job and leave it at that …

Supreme Court to hear Florida FedEx drivers’ discrimination case

09/01/2007

The U.S. Supreme Court has agreed to hear an Age Discrimination in Employment Act (ADEA) case involving FedEx drivers. Employees in three states, including Florida, filed an ADEA suit against FedEx, citing policies designed to “drive out older workers” …

Must we let workers on FMLA leave use sick leave?

09/01/2007

Q. Our policy states that sick leave is available to employees who are scheduled to work but unable to do so due to illness or injury. It’s not available to employees who are on (FMLA) leaves of absence because—due to the leave—they’re not scheduled to work. In other words, we don’t allow employees on FMLA leave to take paid sick leave. Do we have to? —S.B., Pennsylvania …

Required time limit for job postings?

09/01/2007

Q. We post all open positions on our web site. Is there a law (or at least a guideline) that requires jobs be posted for a certain period? We post most jobs for five days, but leave them posted for 10 days if it’s a position for which we have few minorities apply. No one knows why. Should we continue? —D.M., Missouri …

Any requirement to pay out or roll over unused sick leave?

09/01/2007

Q. Our policy provides employees with five days of paid sick leave each year. If workers do not use all this time off, are we required to pay them for that time or roll it over to the next year? …

Q&A: Thanks for the two-Week notice … Now clean out your desk

09/01/2007

Q. If an employee resigns and gives two weeks’ notice, can the employer tell the worker that he or she is not needed for the two weeks and avoid paying the person for that time? …

Do workers read policy changes? Collect proof the right way

09/01/2007

Suppose your organization decides to alter its retirement plan. You shoot out an e-mail about the change, but fail to secure written proof that employees have read and understand the modifications. Three months later, an employee retires based on promises made in the old retirement plan, resulting in lost pension dollars. He sues, saying he never got wind of the retirement-plan change. This true story occurs surprisingly often in U.S. workplaces …