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Policies / Handbooks

Court: Arbitrators — not judges — should decide validity of arbitration agreements

09/06/2016
The 5th Circuit Court of Appeals has handed arbitrators the power to decide if arbitration agreements are valid. The appeals court ruled that it was legitimate to ask whether an arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act claim, but that it was a question best answered not by a judge, but by an arbitrator.

Relax! Your arbitration agreement is likely valid

09/04/2016
As long as you get expert legal help creating a valid arbitration agreement, Texas courts will probably enforce it.

Make sure arbitration agreements are fair, clearly written and easy to understand

08/22/2016
Arbitration agreements are enforceable in California only if they are conscionable. Courts are likely to uphold arbitration agreements written in plain language that is easy for employees to understand.

Ensure lack of clarity doesn’t cause liability

08/11/2016
Rules that are unclear, vague or poorly worded can spell trouble if they end up being applied differently to some employees and not others. That’s one reason you should pay careful attention to the language in your policies.

Ensure handbook asserts at-will employment

07/28/2016
If you have a handbook that provides workers with a limited right to contest proposed discipline, make sure it also has a very strong at-will statement.

Why your company’s biggest idiot is such a legal threat

07/18/2016
The National Labor Relations Board and the Equal Employment Opportunity Commission may protect workers who wildly misinterpret your intentions. Here’s how to cope.

Zero-tolerance policies: an open door to trouble?

06/22/2016
On paper, zero-tolerance policies seem like a good idea: You warn employees that your organization will not tolerate even one instance of on-the-job misconduct. But life isn’t always so simple.

7 steps for handling employee complaints

06/20/2016
Each time HR receives an employee complaint about discrimination or harassment, it should follow these steps—consistently and fairly.

The Records Management Filing Cabinet: June ’16

06/09/2016
Employees recording; fire protection; locked flash drives

Insist that employees follow call-off rules

05/27/2016
Some employees think as long as they can get a doctor’s note certifying that they missed work due to a disability or a serious health condition, they can’t be punished. Not true!