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Policies / Handbooks

Tighten I-9 practices in advance of new legislation

06/01/2006

While Congress tries to hammer out the biggest immigration law changes in decades, Homeland Security is already cracking down. These developments will likely add new responsibilities and risks to your I-9 and visa practices …

Set rules on personal use of company cars

06/01/2006

During his lunch break, an employee at a California car dealership drove a company car on a personal errand. He rear-ended another car and injured the driver, who sued the car dealership and won $277,662 in damages. The dealership’s handbook offered no specifics regarding personal use of company property …

FMLA absence shouldn’t trigger attendance penalty

06/01/2006

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call off after the start of their shift, they’ll receive two points. What if the reason for the absence is covered by the FMLA? Should the employee still receive the two points? —C.S., Florida

Fire employee for positive cocaine test

06/01/2006

Q. We are a small but growing construction company, and we don’t have formal policies in place. Recently, one of our employees was involved in an accident at a construction site. This is his third accident. After the second time, we had him sign a warning notice that said he’d be terminated if it happened again. We sent him for drug testing after this third accident and he came back positive for cocaine. We want to terminate him. But we suspended another worker who tested positive for marijuana. Can we fire him? —B.O., Pennsylvania

Rid handbooks of risky outdated policies

06/01/2006

If it’s been awhile since the last overhaul of your employee handbook, you may be courting danger. Establish a regular revision schedule for your handbook, updating it once a year or whenever significant statutory changes occur …

Clarify if (and when) employees can drive company car for personal use

06/01/2006

Don’t leave any wiggle room in your policies regarding when employees can use company vehicles for personal use. Make those policies clear and precise. If you don’t provide understandable direction to employees, a court could interpret that as implied consent …

Record-Keeping: Heed federal rules for discovery of e-mail, IMs

06/01/2006

American workers can access the Internet, e-mail, instant messaging and other forms of electronic communications from anywhere at anytime. While electronic communication helps people do their jobs, it also leaves a trail. A telephone conversation relies on the memory of two participants, but e-mail and IM discussions can be preserved for years to come. And, given the casual way so many people fire off e-mail these days, that can spell legal trouble for employers.

Heed the legal limits of video monitoring in the workplace

05/01/2006
Monitoring employees with video cameras probably doesn’t violate employee privacy rights, but employers should make sure they don’t step over the line of reasonable privacy concerns, such as monitoring dressing rooms …

Learn hotel’s lesson: Don’t require English at all times

05/01/2006

If you have a good business reason, you can require employees to speak English on the job. But don’t go overboard. As a New York City hotel just found out, requiring English be spoken at all times, even in the employee breakroom, can spark an EEOC national-origin claim …

Beware the legal risk of nasty notes in customer files

05/01/2006

Do your employees make editorial comments about customer quirks in your internal files? Typically, it’s not a problem. But a recent lawsuit shows the legal dangers of making potentially slanderous comments about customers in internal documents …