Policies / Handbooks

Steps you should take to derail the FMLA leave abuse train

09/09/2013

Employers face several common struggles when employees take FMLA leave, but there are ways to combat FMLA abuse in the workplace.

Behind the wheel: Why you need an anti-distracted driving policy

09/06/2013

Many states have laws against texting or talking on cellphones while driving. Absent a clear, tough, enforced policy against distracted driving, employers risk losing millions of dollars in jury verdicts—and contribute to crippling and fatal carnage on the road. You need a clear policy: Employees may not use mobile devices while driving on company business.

Make arbitration agreements stick–even if there’s no employee signature

09/06/2013

If you use arbitration as a way to resolve employment disputes, you no doubt realize that you need the employee’s signature on that agreement in order to make it a binding contract. But what happens if that signature isn’t there or perhaps was faked?

After hours: 5 rules for regulating employee moonlighting

09/05/2013

With the rise of the gig economy, some of your employees may have started a side hustle to bring in extra income. If an employee’s second job leads to working long hours, exhaustion could lower his or her productivity, and in some cases it could create liability for you.

Can we ban off-premise, lunch-break sports?

09/04/2013

Q. Two employees got into a fight while on their lunch break. They were playing soccer in an open lot off premises and wearing their company uniforms. The vice president reacted by banning employees from playing any sports during their lunch break—on the premises or off … Can the VP dictate what employees can do on unpaid time?

Constant badgering about health, weight may be age discrimination

09/03/2013

Do you have supervisors who are constantly nagging subordinates about their health, weight, condition and inability to keep up with younger employees? That’s a huge age discrimination red flag that demands immediate action.

When competition might come from within, keep employees honest

08/28/2013

It’s a situation that happens more often than you might think: An employer finds out that one of its employees is preparing to leave and set up her own shop. But is the employer handcuffed, unable to do anything about the upstart competitor because this employee didn’t sign a noncompetition agreement?

NLRB, EEOC confidentiality stance muddles investigations

08/26/2013

The NLRB and EEOC are actively enforcing the position that a blanket policy requiring confidentiality during investigations violates federal labor and employment law. That means employers must proceed carefully and thoughtfully when making confidentiality requests during investigations.

Balance the pluses and minuses of switching to PTO banks

08/26/2013

Some employers have retooled the traditional method of setting paid time off in separate categories by folding vacation, personal or sick leave entitlements into one “bank.” So-called paid time off (PTO) programs offer benefits for employers and employees alike, but there are some potential pitfalls if you are not careful.

Can we fire admitted drug user, or should we offer time off for treatment?

08/20/2013

Q. We have an employee who has been performing poorly and who has shown up for work appearing to be intoxicated. In a discussion with a manager, the employee admitted that he was currently using cocaine and it was affecting his personal and work life. We haven’t done a drug test on the employee, given his admission of drug use. We want to fire the employee, but we aren’t sure if the FMLA or any other law requires us to give him time off to undergo treatment?