Policies / Handbooks

Bad-weather absences: When must you pay exempt employees?

12/16/2015

The snow’s coming down pretty good and an exempt employee calls to say she can’t make it in today because her car is stuck. Can you deduct a full day’s pay from her salary for that missed day? What if she’s non-exempt? What if you close work because of bad weather? Here’s guidance to help you make the call.

Holidays 2016: When will employers shut their doors?

11/19/2015

While the federal government will shut down on Martin Luther King Jr. Day, only 35% of private employers plan to do the same, according to a new Society for Human Resource Management Holiday Schedules 2016 survey.

Detail exact terms for paying out accrued but unused vacation and sick leave

11/09/2015

New York Labor Law requires employers to notify employees “in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.” If employers do so, then the written policy governs whether the employee is entitled to payment of unused leave on termination.

Nip harassment suits in the bud: Establish clear system for lodging complaints

10/07/2015

Employers that create and implement clear, well-publicized policies for reporting sexual and other forms of harassment can defeat many co-worker harassment claims. The key is to come up with a specific process featuring more than one avenue through which employees can complain. Then let employees know it’s there for their use.

Set clear guidance for promotion applications

09/17/2015

Employers can get in big trouble if they try to manipulate promotions so only certain individuals apply. That can happen when promotion opportunities aren’t listed or only a select few learn about them. The legal risk: Even employees who don’t formally apply can sue.

Tread lightly when talk turns to politics

09/15/2015

The real action in the 2016 election is still months away, but political discord is already in mid-campaign form. If water-cooler chatter has been more heated than you would like, you may be tempted to put a gag order on political speech. That’s not a smart move.

Craft smart policy on use of smartphones

09/03/2015

Smartphone technology has simply changed too quickly for many employee handbooks to keep up. What should your strategy be?

AG investigates retailers for unpredictable scheduling

08/13/2015

State Attorney General Eric Schneiderman has requested scheduling information from some of the nation’s largest retailers to determine if they are abiding by New York’s “reporting time” law.

OK to reference handbook in employment contract

07/27/2015

Employee handbooks aren’t contracts. In fact, to preserve at-will employment status, we usually recommend including a disclaimer that specifically states: “This handbook does not constitute a contract.” But some key employees do work under the terms of employment contracts, and occasionally it may make sense to incorporate your employee handbook rules into those agreements. Referring to the handbook makes its terms and conditions binding on your contracted workers.

Policies are worthless if they’re not communicated

07/24/2015

An accountant for the state Department of Health will get his job back after Commonwealth Court determined that, contrary to the given reason for his firing, his e-mail was not “combative”, “antagonistic”, or “accusatory.”