Policies / Handbooks

How Leandra’s Law could affect your company-vehicle policy

12/02/2010

Leandra’s Law (the Child Passenger Protection Act) requires anyone convicted of driving while intoxicated in New York to install and maintain an ignition interlock device on any vehicle he or she owns or operates. That’s a condition of the person’s probation or conditional discharge. Leandra’s Law has several important provisions that apply to employers of people who have been convicted of DWI.

Arbitration agreements are contracts! Keep them out of employee handbooks

12/01/2010

The Supreme Court of Texas has just ruled that arbitration agreements are legally valid and enforceable as long as they are stand-alone contracts—and not part of an overall employment manual.

Unionized? You may be able to use progressive discipline to address some forms of harassment

12/01/2010

If your organization is unionized and operates under a collective bargaining agreement that calls for progressive discipline, think twice before automatically firing an employee you believe has sexually harassed other employees. Unless your contract specifies discharge for a first harassment offense, you may have to follow your progressive discipline program.

Bulletproof anti-harassment policy by ensuring employees know how to lodge their complaints

11/29/2010

It’s been over a decade since the U.S. Supreme Court laid down the law on what employers need to do to prevent and cure sexual harassment. That’s long enough for complacency to have set in. By now, some employers may have started taking sexual harassment less seriously than they did when the court first ruled. That’s a potentially costly mistake.

Investigations: You can (and should) demand silence from all participants

11/26/2010

Water-cooler talk about alleged discrimination or harassment can poison a workplace. That’s why your company policy should require all participants in investigations (including witnesses) to keep quiet about the issue. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story.

Can our harassment policy penalize false claims?

11/19/2010

Q. Can we implement a provision on our sexual harassment policy that imposes discipline on employees who bring false harassment claims?

Is it really a policy if it’s not in your handbook?

11/16/2010

One reason employers have handbooks is to protect themselves from surprise allegations of harassment. Without a handbook, they are left with having to show that employees knew how to complain. That’s tough if there’s no documentation that you told them how.

Despite recent 8th Circuit ruling, stamp out ‘equal-opportunity harassment’ to keep harmony

11/11/2010

Here’s some food for thought: Failing to stop an employee from harassing women and men alike may be legally acceptable, but is probably still ill-advised. An employer that allows such conduct may escape legal liability, but that tolerance may make the workplace unattractive to good employees. Plus, it probably won’t be as productive as it would be with good anti-harassment policies in place.

EEOC issues final GINA regulations

11/09/2010

The EEOC has just issued final regulations implementing the Genetic Information Non-Discrimination Act (GINA), the federal law that makes it illegal for employers to use genetic information to make decisions about health insurance and employment. Download the final regs here, and then use them as the basis for reviewing your wellness program and other work processes that might violate GINA.

Planning for the worst: Implementing a workplace violence policy

11/08/2010

You can’t predict the behavior of your employees, clients and all their associates. You can’t anticipate every possible danger. But the law dictates that you, as the employer, have a “duty of care” to keep all individuals in your workplace safe from dangers you can reasonably anticipate. To do that, you need to evaluate potential dangers and formulate an appropriate action plan.