Policies / Handbooks

States weigh laws banning vaccine mandates

04/06/2021

As covid-19 vaccines become commonly available nationwide, many employers are either requiring or strongly encouraging their employees to get the shots. But what if workers balk at receiving vaccines? Can employers fire them or prevent them from coming to work because of their vaccination status?

It’s time to scrap pay-secrecy policies

04/01/2021

Traditionally, employers have tried to keep a lid on compensation-related discord by asking employees not to discuss pay. To some extent, that’s just the way it’s always been. But today, no-talk-about-pay rules are under legal assault, challenged for violating the law and helping perpetuate income inequality.

Shootings shine spotlight on anti-AAPI bias

04/01/2021

Mass murders last month at Atlanta-area massage parlors highlighted the growing threat of violence against Asian Americans and Pacific Islanders. The EEOC quickly issued a statement condemning the violence—and foreshadowing greater enforcement against those who harass members of the AAPI community.

States shift mask enforcement to employers

03/16/2021

Employers are free to enforce their own mask rules. However, without government backing, conflicts are sure to emerge. Public-facing employees have expressed fears they must now enforce masking rules alone.

Remove unintended ‘promises’ from handbook

02/25/2021

Your employee handbook probably includes a disclaimer stating that it is not a contract. But beware: A single disclaimer at the front of the book isn’t enough, especially if other handbook language appears to make promises you are not prepared to honor.

Contracts can’t rush ADA, ADEA deadlines

01/28/2021

Check your handbook for language that sets premature deadlines for employees to file discrimination complaints under the ADA and the Age Discrimination in Employment Act. Anything less than the time frames set out in the laws is unenforceable, a federal appeals court has ruled. In most cases, that is 300 days.

DOL has new rules for electronic posters

01/05/2021

The government-mandated posters that adorn breakroom bulletin boards in workplaces nationwide don’t do much good when employees are working from home. That’s why the Department of Labor just issued new field guidance on how employers should inform employees about their rights.

Develop a legal, fair and effective coronavirus vaccination policy

12/28/2020

Employers may require employees to be vaccinated against the coronavirus in order to keep their jobs, according to just-released EEOC guidance. However, they must be prepared to make exceptions.

Complicated vaccine questions for employers

12/21/2020

As COVID vaccines become more widely available in the coming months, employers have big questions to answer: Should they require it for all employees? What if employees refuse? Are the vaccines covered cost-free under your group health plan?

In the weeds: 5 more states legalize cannabis

11/24/2020

Voters in Arizona, Mississippi, Montana, New Jersey and South Dakota approved ballot measures last month legalizing marijuana, adding to the patchwork of laws that employers must follow. Medical use of marijuana is now legal in 36 states, while 15 allow recreational use.