The document provides guidance on creating an effective employee handbook. It recommends including essential policies like anti-discrimination, anti-harassment, reasonable accommodations, and timekeeping. The document outlines best practices for drafting policies, organizing the handbook, distributing it to employees, and ensuring compliance with laws like the NLRA. It also provides examples of policies that could be included and tips for maintaining the handbook over time.
Coffin Mew Solicitors take a look at:
Performance management during employment – Susy Perry
Disciplining and dismissing under performers – Holly Cudbill
What’s on the horizon – Tabytha Cunningham
An Ounce of Prevention: Policies, Procedures and Proactivity (Series: Protec...Financial Poise
Kicking the can down the road is rarely a good idea, particularly when it comes to spending the time (and money) to develop a set of policies and procedures that will cover your workplace. While downloading handbook from the internet for a nominal fee, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-policies-procedures-and-proactivity-2020/
Policies, Procedures and Productivity (Series: Protecting Your Employee Asset...Financial Poise
Our society is increasingly bureaucratized and documentation is essential to working this bureaucracy. From a cost vs. benefit standpoint, having a written workplace handbook that highlights conduct, compensation and benefits, generally saves more money than it costs. While downloading a handbook from the internet, even if it’s free, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/an-ounce-of-prevention-policies-procedures-and-proactivity-2021/
An Ounce of Prevention: Policies, Procedures and ProactivityFinancial Poise
Our society is increasingly bureaucratized and documentation is essential to working this bureaucracy. From a cost vs. benefit standpoint, having a written workplace handbook that highlights conduct, compensation and benefits, generally saves more money than it costs. While downloading a handbook from the internet, even if it’s free, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
An Ounce of Prevention: Policies, Procedures and Proactivity (Series: PROTECT...Financial Poise
Kicking the can down the road is rarely a good idea, particularly when it comes to spending the time (and money) to develop a set of policies and procedures that will cover your workplace. While downloading handbook from the internet for a nominal fee, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/on_demand_webinars/policies-procedures-and-proactivity/
Coffin Mew Solicitors take a look at:
Performance management during employment – Susy Perry
Disciplining and dismissing under performers – Holly Cudbill
What’s on the horizon – Tabytha Cunningham
An Ounce of Prevention: Policies, Procedures and Proactivity (Series: Protec...Financial Poise
Kicking the can down the road is rarely a good idea, particularly when it comes to spending the time (and money) to develop a set of policies and procedures that will cover your workplace. While downloading handbook from the internet for a nominal fee, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-policies-procedures-and-proactivity-2020/
Policies, Procedures and Productivity (Series: Protecting Your Employee Asset...Financial Poise
Our society is increasingly bureaucratized and documentation is essential to working this bureaucracy. From a cost vs. benefit standpoint, having a written workplace handbook that highlights conduct, compensation and benefits, generally saves more money than it costs. While downloading a handbook from the internet, even if it’s free, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/an-ounce-of-prevention-policies-procedures-and-proactivity-2021/
An Ounce of Prevention: Policies, Procedures and ProactivityFinancial Poise
Our society is increasingly bureaucratized and documentation is essential to working this bureaucracy. From a cost vs. benefit standpoint, having a written workplace handbook that highlights conduct, compensation and benefits, generally saves more money than it costs. While downloading a handbook from the internet, even if it’s free, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
An Ounce of Prevention: Policies, Procedures and Proactivity (Series: PROTECT...Financial Poise
Kicking the can down the road is rarely a good idea, particularly when it comes to spending the time (and money) to develop a set of policies and procedures that will cover your workplace. While downloading handbook from the internet for a nominal fee, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/on_demand_webinars/policies-procedures-and-proactivity/
In adherence to the stipulations outlined in the Vietnam Labor Code, to draft labor rules in Vietnam that comply is a crucial aspect for employers. There are some important points to cover for employers to draft the labor rules in Vietnam in accordance with Vietnam Labor Code
New Year Corporate Housekeeping: Your Employee Handbookptcollins
As your company settles into the new year, it is the perfect time to consider reviewing and updating your employee handbook or, if your company does not
currently have a
handbook, to
prepare and implement one. There are many considerations to keep in mind as you undertake this process.
Metropolitan Corporate counsel,January 2011
The “Course Topics” series from Manage Train Learn and Slide Topics is a collection of over 4000 slides that will help you master a wide range of management and personal development skills. The 202 PowerPoints in this series offer you a complete and in-depth study of each topic. This presentation is on "Disciplinary Policy and Procedure ".
Harrisburg UniversityISEM 547 IT PolicyOb.docxshericehewat
Harrisburg University
ISEM 547
IT Policy
Objectives
Why Policy?
Policy, Procedures, Guidelines
Writing IT Policy (Best Practices)
IT Policy Management
2
IT Policy
3
What is Policy, Procedures, Guidelines & Standards ?
Policy: are principles, rules, and protocols formulated or adopted by an organization to govern its actions.
The requirements outlined in policies, are used to control and guide important organizational decisions (e.g., managerial, financial, administrative, acquisitions, contractual, programmatic, operational, technical, etc.); within the boundaries set by them
Procedures are specific instructions to be used to implement policy requirements in a specific way; they are enforceable through the policy
Guidelines are general rules, practices, and/or instructions that can be referenced to comply with policy; they are not enforceable but recommended as best practices that should be followed
Standards: refer to something that is considered by an authority or by general consent as a basis of comparison (e.g., industry, protocols, academic, etc.)
The purpose of standards is to outline agreed principles or criteria, so that their users can make reliable assumptions about a particular product, service or practice
Standards are often referenced in policies or can be used to frame a policy
Policies should have a formal lifecycle and change management process
4
Why IT Policy is Important
Primary reasons for IT Policy:
Protecting corporate assets (keeping systems and corporate information safe)
The policy aligns stakeholders and drives desired behaviors, actions, and provides guidance on how to do things
Only written and published policy can be used to prove the company has exercised “Due Diligence” in a court of law
There may be legal or regulatory reasons a policy must be created and published (e.g., HIPAA, FTI1075, Federal Green-Book Standard, etc.)
Enable an organization to manage business risk through defined controls that provide a benchmark for audit and corrective action
Without documented policies and procedures each and every employee and contractor will act in accordance with their own perception of acceptable use and system management will be ad-hoc and inconsistent
5
Features of good policy
Features of good policy usually include the following
Specific- Policy should be specific/definite. If it is uncertain, then the implementation will become difficult.
Clear & Understandable - Policy must be unambiguous. It should avoid use of jargons and connotations. There should be no misunderstandings in following the policy. Unclear policies can lead to indecisiveness and uncertainty in minds of those who look into it for guidance
Uniform- Policy must be uniform enough so that it can be efficiently followed by the subordinates.
Appropriate- Policy should be appropriate to the present organizational strategies and goals and address the intended policy objectives.
Simple- A policy shou ...
Get Your HR in Shape for 2020: Healthy HR Habits to Implement Right NowComplyRight, Inc.
As an employer, you have to focus on numerous critical business activities. And all too often, employee management falls to the bottom of the to-do list. But that can be a big mistake. Unhealthy HR habits can put your company at risk of having to defend an expensive, time-consuming employee lawsuit.
Take a deep breath … help is here! In this free webinar, you’ll get the practical guidelines you need to get your HR activities under control. After the presentation, you’ll have solid information to help your business run more smoothly and, most importantly, protect you in the event of a legal dispute.
As with most things having a clearly defined outline reflecting the rules of conduct within the company manifesto is helpful in creating the necessary guidelines of everyone concerned to act and assume roles as uniformly as possible. The principals, values, standards or behavior patterns are all encouraged to follow the rules of conduct in order to provide the common platform for decision making, procedures, and any other systems within the organization.
Many elements will eventually have some impact on the general operations of the company. These rules of conduct should also include the proper practices and concepts which cover both ethical codes and honor codes.
In adherence to the stipulations outlined in the Vietnam Labor Code, to draft labor rules in Vietnam that comply is a crucial aspect for employers. There are some important points to cover for employers to draft the labor rules in Vietnam in accordance with Vietnam Labor Code
New Year Corporate Housekeeping: Your Employee Handbookptcollins
As your company settles into the new year, it is the perfect time to consider reviewing and updating your employee handbook or, if your company does not
currently have a
handbook, to
prepare and implement one. There are many considerations to keep in mind as you undertake this process.
Metropolitan Corporate counsel,January 2011
The “Course Topics” series from Manage Train Learn and Slide Topics is a collection of over 4000 slides that will help you master a wide range of management and personal development skills. The 202 PowerPoints in this series offer you a complete and in-depth study of each topic. This presentation is on "Disciplinary Policy and Procedure ".
Harrisburg UniversityISEM 547 IT PolicyOb.docxshericehewat
Harrisburg University
ISEM 547
IT Policy
Objectives
Why Policy?
Policy, Procedures, Guidelines
Writing IT Policy (Best Practices)
IT Policy Management
2
IT Policy
3
What is Policy, Procedures, Guidelines & Standards ?
Policy: are principles, rules, and protocols formulated or adopted by an organization to govern its actions.
The requirements outlined in policies, are used to control and guide important organizational decisions (e.g., managerial, financial, administrative, acquisitions, contractual, programmatic, operational, technical, etc.); within the boundaries set by them
Procedures are specific instructions to be used to implement policy requirements in a specific way; they are enforceable through the policy
Guidelines are general rules, practices, and/or instructions that can be referenced to comply with policy; they are not enforceable but recommended as best practices that should be followed
Standards: refer to something that is considered by an authority or by general consent as a basis of comparison (e.g., industry, protocols, academic, etc.)
The purpose of standards is to outline agreed principles or criteria, so that their users can make reliable assumptions about a particular product, service or practice
Standards are often referenced in policies or can be used to frame a policy
Policies should have a formal lifecycle and change management process
4
Why IT Policy is Important
Primary reasons for IT Policy:
Protecting corporate assets (keeping systems and corporate information safe)
The policy aligns stakeholders and drives desired behaviors, actions, and provides guidance on how to do things
Only written and published policy can be used to prove the company has exercised “Due Diligence” in a court of law
There may be legal or regulatory reasons a policy must be created and published (e.g., HIPAA, FTI1075, Federal Green-Book Standard, etc.)
Enable an organization to manage business risk through defined controls that provide a benchmark for audit and corrective action
Without documented policies and procedures each and every employee and contractor will act in accordance with their own perception of acceptable use and system management will be ad-hoc and inconsistent
5
Features of good policy
Features of good policy usually include the following
Specific- Policy should be specific/definite. If it is uncertain, then the implementation will become difficult.
Clear & Understandable - Policy must be unambiguous. It should avoid use of jargons and connotations. There should be no misunderstandings in following the policy. Unclear policies can lead to indecisiveness and uncertainty in minds of those who look into it for guidance
Uniform- Policy must be uniform enough so that it can be efficiently followed by the subordinates.
Appropriate- Policy should be appropriate to the present organizational strategies and goals and address the intended policy objectives.
Simple- A policy shou ...
Get Your HR in Shape for 2020: Healthy HR Habits to Implement Right NowComplyRight, Inc.
As an employer, you have to focus on numerous critical business activities. And all too often, employee management falls to the bottom of the to-do list. But that can be a big mistake. Unhealthy HR habits can put your company at risk of having to defend an expensive, time-consuming employee lawsuit.
Take a deep breath … help is here! In this free webinar, you’ll get the practical guidelines you need to get your HR activities under control. After the presentation, you’ll have solid information to help your business run more smoothly and, most importantly, protect you in the event of a legal dispute.
As with most things having a clearly defined outline reflecting the rules of conduct within the company manifesto is helpful in creating the necessary guidelines of everyone concerned to act and assume roles as uniformly as possible. The principals, values, standards or behavior patterns are all encouraged to follow the rules of conduct in order to provide the common platform for decision making, procedures, and any other systems within the organization.
Many elements will eventually have some impact on the general operations of the company. These rules of conduct should also include the proper practices and concepts which cover both ethical codes and honor codes.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Essentials of Employee Handbooks
1. Parsons Behle & Latimer Idaho Employment Law Seminar
ESSENTIALS OF
EMPLOYEE HANDBOOKS
Maria O. Hart
208.562.4893
mhart@parsonsbehle.com
parsonsbehle.com
TUESDAY, OCTOBER 9, 2018 | BOISE CENTRE EAST
2. 2
Highlight the primary reasons for creating a handbook.
Provide guidance on creating a handbook:
– Drafting guidelines
– Considerations for creating a handbook from existing policies
– Tips for organizing a handbook
Discuss steps to ensure compliance with the National Labor
Relations Act (NLRA).
Highlight best practices for distributing & maintaining a
handbook.
Purpose of this Presentation
4. 4
There is no federal law requiring private employers to
provide handbooks to their employees.
Reasons to provide a handbook include:
A handbook provides an opportunity to formally welcome
new employees, introduce the organization and explain
expectations.
Key Reasons to Create a Handbook
5. 5
Grouping various employment policies together in a
handbook makes it easier for an employer to ensure that
each employee receives copies of all relevant policies.
A handbook is a centralized place for employees to look
for answers to common questions such as how often
employees are paid.
Handbooks and signed acknowledgments can assist
in an employer's legal defense.
Key Reasons to Create a Handbook
6. 6
First Step: Decide which policies to include.
– Some policies are required or recommended for all employers
such as an anti-harassment policy.
– Other policies are optional and their inclusion in a handbook
largely depends on the employer's policies and procedures.
• Examples: Telecommuting policy, corporate credit card use, overnight
travel, bereavement leave.
Creating a Handbook
7. 7
A handbook should be tailored to meet the specific needs of
your workplace, and should:
Use a positive and professional tone that matches your
organization's culture.
Eliminate unnecessary complex or legal terms.
Creating a Handbook: Drafting Guidelines
8. 8
Avoid overly rigid disciplinary rules and any other language
that could be interpreted as creating a contractual
obligation requiring just cause for termination.
– TIP: Simply state discretion to discipline and terminate the
employment relationship.
Include enough information so that the policies can be
understood, but avoid providing too much detail.
Creating a Handbook: Drafting Guidelines
9. 9
Evaluate the demographics of the workforce.
– If employees speak a language other than English, consider
providing the handbook in an alternate language.
Use situations that are familiar to employees when
providing examples.
Include contact information for an employer representative
who employees can contact if they have any questions
about the policies.
Creating a Handbook: Drafting Guidelines
10. 10
NOTE: We do not recommend this approach.
Creating a Handbook from Existing Policies
11. 11
But, if you proceed, consider conducting an audit to
confirm all existing policies are up-to-date.
You should be certain all policies:
1. Comply with current law.
• In addition to your organization’s compliance and legal obligations,
policies should demonstrate your commitment to adherence to current
law because the policies in a handbook often become exhibits in an
employment litigation or administrative charge.
Creating a Handbook from Existing Policies
12. 12
2. Are current with respect to the employer's business practices.
3. Are internally consistent and do not contradict each other.
E.g., the complaint procedures in an equal employment
opportunity policy, anti-harassment policy and anti-retaliation
policy should be consistent with one another to:
• increase the likelihood that employees will use the proper/desired
procedure;
• decrease the risk of confusing employees; and
• streamline your process for responding properly and in a timely
fashion.
Creating a Handbook from Existing Policies
13. 13
4. Use one voice and make sense when read together.
Creating a Handbook from Existing Policies
14. 14
Organize policies by subject matter.
– Use section headings to break up the policies.
Create a table of contents.
– Employees can more easily find a policy, or group of policies, if the
handbook includes a table of contents.
Consider using individual pages for each policy instead of
including multiple shorter policies on the same page.
– TIP: Organize the pages in a loose-leaf binder so that individual
pages can be replaced easily when a policy is updated.
Tips for Organizing a Handbook
15. 15
For online handbooks, consider using an online
acknowledgment and verification of having reviewed
policies.
Include the date on the first page of the handbook or if
using a loose-leaf binder, on each page.
– This makes it easier to confirm that a handbook includes the
most up-to-date policies.
Tips for Organizing a Handbook
16. 16
Employers must ensure their handbooks are drafted in
compliance with applicable federal employment laws.
In addition, both unionized and nonunionized employers
must ensure their policies comply with the NLRA.
Compliance with the
National Labor Relations Act
17. 17
Unionized and nonunionized employers must ensure that:
Their employment policies and handbooks do not infringe
on rights employees have under the NLRA.
They do not enforce otherwise lawful policies to restrict
employees' rights under the NLRA.
Compliance with the
National Labor Relations Act
18. 18
Under the NLRA, employees have the right to
communicate for the purposes of forming or joining a
union or to engage in other protected concerted activities.
These rights are known as Section 7 rights.
– Interfering with Section 7 rights violates Section 8(a)(1) of the
NLRA (29 U.S.C. § 158(a)(1)).
Employees' Section 7 Rights
under the NLRA
19. 19
The National Labor Relations Board (NLRB) consistently
holds that an employer interferes with Section 7 rights by:
Promulgating an employment policy that explicitly restricts
Section 7 activity.
See Martin Luther Mem'l Home, Inc., 343 N.L.R.B. 646
(2004) (Lutheran Home), overruled in part by Boeing Co.,
365 N.L.R.B. No. 154, slip op. at 1, 3, 7-14 (Dec. 14,
2017).)
Compliance with the NLRA
20. 20
An employer can also violate the NLRA by simply
maintaining a policy that would "reasonably tend to chill"
employees from exercising their rights under the NLRA,
including communicating about employment terms and
conditions. This is true even where:
No employees engage in concerted activity covered by
the policy.
The employer does not enforce the policy.
See Lafayette Park Hotel, 326 N.L.R.B. 824 (1998).
Compliance with the NLRA
21. 21
The NLRB's analysis of policies that are facially neutral as
to Section 7 activity but potentially could impact Section 7
activity is more in flux.
The NLRB currently considers and balances:
– The nature and scope a policy's impact on Section 7 activity
from a reasonable employee's perspective.
– The employer's legitimate justifications for maintaining the
policy.
NLRA & the Boeing Decision
22. 22
Under this analysis, an employer may violate Section
8(a)(1) of the NLRA by maintaining an employment policy
that, when reasonably construed from an employee's
perspective, would both:
– Prohibit or interfere with the exercise of Section 7 rights.
– Have an adverse impact on Section 7 rights that the employer's
legitimate justifications for maintaining the rule do not outweigh.
NLRA & the Boeing Decision
23. 23
When drafting an employment policy that might restrict
employees' communications or conduct, you should:
– Clearly state the purposes of the policies.
– Identify specific activities that are prohibited.
– Consider including specific disclaimers of what activities are not
prohibited under the policy.
NLRA Considerations:
24. 24
– Implement and consistently enforce the policy before there is any
indication that a union is attempting to organize its employees.
• The NLRB generally holds employer policies restricting employees'
communications or conduct to be unlawful when an employer's decision
to either issue a new policy, or start enforcing an existing policy more
stringently coincides with or follows union activity (see Lutheran
Home and Cannondale Corp., 310 N.L.R.B. 845 (1993)).
– Be particularly aware of risks associated with regulating
employee communications, such as in social media policies.
NLRA Considerations:
25. 25
Employers should make handbooks available to employees
either electronically or by provision of a hard copy:
When the handbook is first created.
At hiring, such as at new employee orientations.
Each time the handbook is updated.
Distributing or Posting a Handbook
26. 26
First time with Handbook? Consider scheduling a meeting
to introduce the handbook to all employees.
Best practice is to designate a specific person to distribute
or coordinate access to them.
– Usually from HR.
Distributing or Posting a Handbook
27. 27
Ensure that all new employees receive electronic
access or a hard copy.
Orientation: Set aside time during orientation for new
employees to:
– Review the handbook.
– Ask any questions they may have as they read through the
policies.
Distributing or Posting a Handbook
28. 28
Handbooks should include an acknowledgment of receipt,
review and understanding at the end.
The acknowledgment should include a disclaimer that
nothing in the handbook creates an employment contract.
The acknowledgement should state that the employer has
the right to modify or delete policies without notice.
Distributing or Posting a Handbook:
Employee Handbook Acknowledgments
29. 29
Best practice is for employers to:
1. Set a deadline for return or completion of signed
acknowledgments.
2. Keep signed acknowledgments in the respective employee's
personnel file.
3. For electronically signed acknowledgments, consider
maintaining a separate manually signed acknowledgment.
4. Identify the title and date or version of the handbook for which
the employee acknowledges.
Distributing or Posting a Handbook:
Best Practices
30. 30
Review handbooks periodically to ensure that all policies
are current and lawful.
– Some do this annually. (We encourage this!)
– Others designate a particular person to monitor changes in the
law or in the employer's procedure on an ongoing basis.
At a minimum, a handbook must be reviewed and revised,
if necessary, when:
Maintaining a Handbook
31. 31
At a minimum, a handbook must be reviewed and revised,
if necessary, when:
1. There is a change in the law.
2. There is a change to the employer's policies or procedures.
3. The employer expands into new states.
Maintaining a Handbook
32. 32
A revised handbook should indicate that it supersedes
any prior handbooks so that employees are clear about
which policies are current.
Keep copies of any older versions.
Maintaining a Handbook
33. 33
Welcome Statement
Opening Disclaimer
– The policies in the handbook are guidelines only.
– Company has the right to modify or delete policies in the
handbook without notice.
– The employment relationship is at-will.
Background Check Policy
– If you do these, have a written policy.
Structuring a Handbook: Introduction
34. 34
EEO Policy Anti-Harassment
Anti-Retaliation Disability Accommodations
Religious Accommodations
Not legally required.
However, including these policies is strongly encouraged.
They demonstrate a commitment to comply with applicable
laws and to encourage resolution of problems before they
become legal claims.
General Policies
35. 35
Most important.
Posters
Again, not technically required.
Purpose and benefits include:
– Demonstrate compliance with anti-discrimination laws.
– Support a legal defense against discrimination claims.
– Outline a complaint procedure for employees who feel they
have been subjected to discrimination.
EEO Policy
36. 36
Not required by federal law.
It helps to demonstrate reasonable care to prevent and
promptly correct harassing behavior.
– This is a necessary element of the Faragher-Ellerth defense.
Anti-Harassment Policy
37. 37
This is the partner policy to EEO and anti-harassment
policies.
Not required by federal or state law.
A stand-alone retaliation policy is best because retaliation
can occur in contexts other than discrimination or
harassment.
– I.e., workers' compensation laws, laws governing health and
safety and employment leave statutes.
Anti-Retaliation Policy
38. 38
Do you have 15 or more employees?
Best practice is for employers covered by the Americans
with Disabilities Act of 1990 (ADA), as amended by the
ADA Amendments Act of 2008, to implement and
maintain a disability accommodations policy.
Describe the Company’s reasonable accommodation and
interactive process.
Identify the people involved with this process.
Disability Accommodations Policy
39. 39
Not legally required.
Can be brief, or more expansive.
If you believe you need an accommodation because of your religious beliefs or practices or
lack thereof, you should request an accommodation from the [DEPARTMENT NAME]
Department. You may make the request orally or in writing. [EMPLOYER NAME]
encourages employees to make their request in writing [on [EMPLOYER NAME]'s religious
accommodation request form] and to include relevant information, such as:
A description of the accommodation you are requesting.
The reason you need an accommodation.
How the accommodation will help resolve the conflict between your religious beliefs or
practices or lack thereof and one or more of your work requirements.
Religious Accommodations Policy
40. 40
Not required by federal law.
Help minimize the risk of wage and hour claims under the
Fair Labor Standards Act of 1938 (FLSA).
– You are a covered employer if:
• annual sales total $500,000 or more
OR
• are engaged in interstate commerce
Payroll Practices and Compensation
41. 41
Designates each employee as either exempt or nonexempt in compliance with
applicable federal, state, and local law.
Exempt Employees. Employees who are designated as exempt are paid a fixed salary and are
not entitled to overtime pay.
Nonexempt Employees. Employees who are designated as nonexempt are entitled to overtime
pay at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a
workweek, as required by applicable federal, state, and local law.
Regular Full-Time Employees. Regular full-time employees regularly work at least [40] hours per
workweek, except for approved time off.
Regular Part-Time Employees. Regular part-time employees generally work [#] hours or less per
workweek.
Temporary Employees. Temporary employees are generally hired on a temporary or project-
specific basis, with either full- or part-time hours.
Employee Classifications
42. 42
Include a general attendance policy.
Set business and work hours in a written policy to help:
– Determine when nonexempt employees work more than 40
hours in a particular workweek.
– Properly calculate overtime pay for a particular workweek.
– Promote a strong defense to wage and hour claims in litigation
and in the context of government audits.
Workweek and Business Hours
43. 43
Good for clarification
Set up direct deposit
List mandatory and voluntary payroll deductions
– I.e., taxes, social security, insurance, garnishments
Instruct employees to immediately report errors
Include a complaint mechanism for employees
Pay Period, Payday, & Paycheck Deductions
44. 44
Good practice, not required.
Can include in payroll/pay day section
Helps ensure accurate time records and that nonexempt
employees are paid for all hours worked, including
overtime.
– Explains consequences for unapproved overtime.
– Identifies software/timecards.
Timekeeping
45. 45
Not required for adults or minors:
– Idaho law does not require employers to give breaks or meal
periods. Employees would only be entitled to breaks if it is the
employer's policy to provide them.
– Note that the FLSA governs the hours that minors may work,
but does not mandate rest or meal breaks.
Meal and Rest Periods
46. 46
The FLSA requires covered employers to provide reasonable
break time for employees who are nursing or breastfeeding
mothers to express breast milk.
– Employers with fewer than 50 employees are not subject to the
FLSA break time requirement if the employer can demonstrate that
compliance with the provision would impose an undue hardship
Lactation Breaks
47. 47
Travel and Business Expense Reimbursement Policy
Tuition Reimbursement Policy
Employee Referral Policy
Other Miscellaneous Compensation-
Related Provisions
48. 48
One of the most important functions of a handbook is to:
1. Set out your Company’s expectations for its employees; and
2. Explain the consequences for failure to follow Company
policies.
NOTE – none of these “On the Job” Policies are required
by federal or Idaho state law. They are just good practice.
“On the Job” Policies
49. 49
Attendance Policy
– Partial or full-day absences?
– Emergencies
– Excused v. unexcused
Standards of Conduct
– If you have take corrective action against an employee, the
standards of conduct policy can serve as a neutral resource to
demonstrate that the employee was aware that certain
contested conduct was prohibited.
“On the Job” Policies
50. 50
Performance Review Policy
– Help employees understand how your organization structures
its review process and what is expected with respect to
employee performance accountability.
– Be careful with wording, include disclaimers.
Dress Code and Grooming Policy
– May vary by job classifications, e.g., employees working in the
warehouse section v. front office
– Keep general, and make consistent with business necessity.
“On the Job” Policies
51. 51
Solicitation and Distribution
IT Resources and Communications Systems Policy
– Employees' improper and inappropriate use of an employer's IT
resources and communications systems carries various legal
risks for the employer such as:
• potential unauthorized disclosure of confidential and proprietary
information
• employee harassment
• privacy violations.
“On the Job” Policies
52. 52
Bring Your Own Device to Work Policy
– Reimbursement
– Use during working or nonworking hours
– Accessing company IT systems
Social Media Policy
– Reference and incorporate other policies in the handbook:
• IT resources and communications systems
• Non-discrimination and anti-harassment
• Confidentiality agreements
“On the Job” Policies
53. 53
Code of Ethics/Conflict of Interest Policy
Outside Employment Policy
– Second jobs, volunteer activities.
– Outside employment must not interfere with the employee's work
performance or work schedule.
– Use of employer resources
– Non-competition agreements
“On the Job” Policies
54. 54
Telecommuting Policy
– Permission to telecommute can be withdrawn at any time.
– The agreed-upon hours of work and how hours will be
recorded.
– Expectations regarding how frequently you and your supervisor
will communicate (e.g., daily phone calls/weekly status
reports/in-office visits).
Flexible Work Schedule Policy
“On the Job” Policies
55. 55
Company Car Policy
– Insurance, criminal record,
passengers
Romance in the
Workplace Policy
Nepotism Policy
“On the Job” Policies
56. 56
ALL employers have a duty to provide a safe working
environment under the federal Occupational Safety and
Health Act (OSH Act),
OSH Act covers any entity or organization that has at least
one employee, including non-profit organizations.
– The OSH Act defines an "employer" as a person engaged in
interstate commerce who has employees .
– "Person" is defined as "one or more individuals, partnerships,
associations, corporations, business trusts, legal representatives,
or any organized group of persons"
Health & Safety
57. 57
Health and Safety in the Workplace Policy
– Create and maintain a safety conscious culture
– Comply with OSH Act recordkeeping requirements
Smoke-free Workplace Policy
Substance Abuse in the Workplace Policy
– Work-sponsored events
– Company vehicles
Health & Safety
58. 58
Drug Testing in the Workplace Policy
– Very state-specific. Be careful if you have employees in several
states.
Workplace Searches Policy
Workplace Violence Policy
– OSHA recommends a zero-tolerance policy
– Concealed carry law in Idaho
– Firearms stored in private vehicles and parked on company
property.
Health & Safety
59. 59
Briefly mention benefits to their employees such as health
insurance coverage and 401(k) retirement plans.
– Avoid triggering ERISA compliance obligations.
Rules governing certain benefits are complex, and details of a
benefit program can change, an employer should:
– Refer employees to the benefit plan documents for specific details.
– Remind employees where these documents are located, for
example, on the intranet.
– State that benefit plan documents are controlling.
Employee Benefits
60. 60
Idaho law does not require employers to provide
employees with vacation benefits, either paid or unpaid.
– If an employer chooses to provide such benefits, it must comply
with the terms of its established policy or employment contract.
Time Away from Work & Employee Leave
61. 61
Utah law does not require employers to provide
employees with sick leave benefits, either paid or unpaid.
– If an employer chooses to provide sick leave benefits, it must
comply with the terms of its established policy or employment
contract.
– Employers may still be required to provide an employee unpaid
FMLA sick leave.
Time Away from Work & Employee Leave
62. 62
Utah law does not require private employers to provide employees with
either paid or unpaid holiday leave.
• Employers typically designate paid Company holidays.
• In Idaho, a private employer can require an employee to work holidays.
• A private employer does not have to pay an employee premium pay, such as
1½ times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws.
• If an employer chooses to provide either paid or unpaid holiday leave, it must
comply with the terms of its established policy or employment contract.
Holidays
63. 63
Vacation days and sick days v. PTO
Policy should explain:
– Process for requesting approval of vacation days;
– Process for notifying you if employee must take a sick day.
– Whether vacation/sick days or PTO may be carried over from
year to year.
– Whether Company pays out any unused but accrued vacation
or sick days on termination and the conditions under which an
employee can receive payment.
Vacation and Sick Days
64. 64
Leave Sharing and Vacation Donation
– Leave-sharing programs generally allow employees to donate
some or all of their accrued but unused vacation, sick days or
other paid time off to a paid time off or leave-sharing "bank"
that other employees can draw from in certain circumstances.
Bereavement Leave
Time Away from Work & Employee Leave
65. 65
Family and Medical Leave (FMLA) Policy
– Employers covered must include a general notice explaining the
FMLA's provisions in their employee handbook
• See 29 C.F.R. § 825.300.
– Employers should ensure that the policy accurately provides which
category of employees are eligible for leave and the requirements
that need to be met for such eligibility.
– An employer who misrepresents information about an employee's
eligibility in FMLA leave in its employee manual may be liable for
FMLA interference under an equitable estoppel theory.
FMLA Leave
66. 66
Pregnancy and Parental Leave
– Allows employees to be absent from work:
• To care for a newborn child;
• To Care for a new adopted or foster child;
• Due to a pregnancy-related condition.
– Include a statement that Company provides pregnancy and
parental leaves of absence to all eligible employees in
accordance with the Family and Medical Leave Act (FMLA),
Pregnancy Discrimination Act (PDA), Americans with
Disabilities Act (ADA) and any applicable state law.
Pregnancy and Parental Leave
67. 67
All US employers must provide military service leave to
employees under the Uniformed Services Employment
and Reemployment Rights Act of 1994 (USERRA).
• Military service leave can be unpaid.
• Military service leave can include differential pay.
• Military service leave can allow eligible employees to continue to
receive base pay, or use unused vacation/sick time.
Employers must also reemploy employees who have
taken military leave.
Military Service Leave
68. 68
Jury Duty Leave
– Required under Idaho Code § 2-218
– May be unpaid, unless you are a state employee (see ID Admin.
Code Sec. 15.04.01.250.08).
– An employer may not require an employee to use annual, vacation,
or sick leave for:
• Responding to a summons for jury duty.
• Time spent participating in the jury selection process.
• Time spent actually serving on a jury.
Additional Time Away from Work Laws
69. 69
Subpoena, Witness, and Victims of Crime Leave
– An employee may take leave from her employment to attend a
deposition or hearing in response to a subpoena
Additional Time Away from Work Laws
70. 70
Voting Leave
– Idaho does not have a law which requires an employer to grant
its employees leave, either paid or unpaid, to vote.
Additional Time Away from Work Laws
71. 71
These are important!
– minimize the potential for employees to later claim ignorance of
a policy as an excuse for non-compliance
– particularly when non-compliance leads to termination of
employment or another kind of adverse employment action.
Employee Handbook Acknowledgment
72. 72
What to Do if an Employee Refuses to Sign an
Acknowledgment
– Ask the employee to write "I refuse to sign this acknowledgment"
and the date in his own handwriting on the acknowledgment.
• If an employee later challenges receipt of the handbook, the employee's
statement is helpful evidence for the employer.
Employee Handbook Acknowledgment
73. 73
What to Do if an Employee Refuses to Sign an
Acknowledgment
– If an employee will not write that he refuses to sign the
acknowledgment, the employer should have the primary contact
for handbook distribution or posting write "I gave [EMPLOYEE
NAME] a copy of the handbook on [DATE]. [EMPLOYEE NAME]
refused to sign the acknowledgment."
Employee Handbook Acknowledgment
74. 74
What to Do if an Employee Refuses to Sign an
Acknowledgment
– Best practice is to have another employer representative present
to witness the employee's refusal and the statement from the
individual who distributes the handbooks.
– The witness should also sign the refusal to acknowledge letter.
Employee Handbook Acknowledgment
76. 76
Maria O. Hart
208.562.4893
mhart@parsonsbehle.com
Thank You
Editor's Notes
Employers should only include policies they intend to follow because failure to follow written policies can cause employee confusion, significantly damage morale and recruitment efforts and create legal liability. For example, depending on relevant state law and the specific facts at issue, failure to follow policies could invite claims for detrimental reliance or breach of contract. Additionally, uneven enforcement of a written policy can lead to discrimination claims.
Eliminate unnecessary complex or legal terms. Handbooks should use plain language to explain the employer's policies and procedures.
- For example, a handbook should not claim to list all possible reasons for termination of employment.
- A handbook should not overwhelm employees, for example, by including all office procedures, such as instructions on requisitioning office equipment. Employers often have a separate manual covering workplace procedures.
- For example, a handbook should not claim to list all possible reasons for termination of employment.
- A handbook should not overwhelm employees, for example, by including all office procedures, such as instructions on requisitioning office equipment. Employers often have a separate manual covering workplace procedures.
Although numerous people are often involved in creating the handbook, at least one person should read the handbook in its entirety before the employer distributes it to employees.
If an individual policy within the handbook is revised, for example, the anti-harassment policy, an employer may choose to distribute or electronically circulate only the updated policy to employees if:
employees have already received copies of the handbook;
and
the remainder of the handbook has not been revised.
Employers that are making handbooks available to employees for the first time should consider scheduling a meeting to introduce the handbook to all employees.
Best practice is to designate a specific person to distribute or coordinate access to them.
This individual is typically someone from the organization's Human Resources department who is able to answer any questions that employees may have regarding the employer's policies.
After an employer makes the handbook available, it must continue to ensure that all new employees receive electronic access or a hard copy.
Most employers make handbooks available to new employees during new hire orientation. Some employers set aside time during orientation for new employees to:
Review the handbook.
Ask any questions they may have as they read through the policies.
This minimizes the potential for employees to later claim ignorance of a policy as an excuse for non-compliance, particularly when non-compliance leads to termination of employment or another kind of adverse employment action.
Of at-will employment. For employees who have an employment agreement, the acknowledgment can include language that the employment agreement governs to the extent there is a conflict between policies in the handbook and the employment agreement.
An employer should follow up with any employees who fail to submit acknowledgments.
Additionally, it is helpful to identify the title and date or version of the handbook for which the employee acknowledges receipt, review and understanding. If there is a later dispute about or lawsuit involving which handbook an employee received, a signed acknowledgment that specifies the particular handbook will be helpful evidence for the employer.
What to Do if an Employee Refuses to Sign an Acknowledgment
If an employee refuses to sign an acknowledgment, the employer should take the following steps to ensure it has documentation that the employee received a copy of the handbook:
Ask the employee to write "I refuse to sign this acknowledgment" and the date in his own handwriting on the acknowledgment. If an employee later challenges receipt of the handbook, the employee's statement is helpful evidence for the employer.
If an employee will not write that he refuses to sign the acknowledgment, the employer should have the primary contact for handbook distribution or posting write "I gave [EMPLOYEE NAME] a copy of the handbook on [DATE]. [EMPLOYEE NAME] refused to sign the acknowledgment." Best practice is to have another employer representative present to witness the employee's refusal and the statement from the individual who distributes the handbooks. The witness should also sign the refusal to acknowledge letter.
There is a change in the law. For example, when the Genetic Information Nondiscrimination Act of 2008 (GINA) was enacted, employers revised their equal employment opportunity policies to demonstrate compliance with GINA's prohibition on discrimination on the basis of genetic information.
•There is a change to the employer's policies or procedures. If, for example, an employer decides to limit outside employment and creates a policy prohibiting outside employment, the policy should be added to the employer's handbook.
•The employer expands into new states. The employer's handbook likely will need to be modified to be consistent with state law and to incorporate any additional policies required by state law.
A revised handbook should indicate that it supersedes any prior handbooks so that employees are clear about which policies are current. Employers should distribute or post revised handbooks, reissue acknowledgment forms, collect signed acknowledgments from all employees. Additionally, when an employer distributes an updated handbook, it should keep copies of any older versions. If the employer is ever involved in litigation, it should be able to point to the written policies in effect at the time of the challenged employment action. Best practice is to keep individual policies for the longest statute of limitations period applicable under federal or state law.
Welcome Statement
Although not legally required, many employers begin their handbook with an introduction. Frequently, this takes the form of a letter or memorandum from the Chief Executive Officer or someone in management introducing the employer and the handbook, and welcoming employees. It can also include a brief description of the employer, its mission statement and its culture. A handbook should always include contact information for an employer representative, typically someone within Human Resources, who is available to answer any questions from employees. This contact person should be well-versed in the employer's policies and procedures, and prepared to answer any complex questions about terms and conditions of employment that could arise.
Opening Disclaimer
To minimize the risk that a court will treat a handbook as an employment contract and a modification of the at-will employment relationship, all employers should include an opening disclaimer noting that nothing in the handbook creates a contract of employment. A nonunionized employee handbook typically includes the following additional disclaimers:
•The policies in the handbook are guidelines only.
•The employer has the right to modify or delete policies in the handbook without notice.
•The employment relationship is at-will. If the employer has some employees who are employed at-will and others who have an employment agreement with something other than at-will employment specified, the disclaimer can include language that the employment agreement governs to the extent there is any conflict between policies in the handbook and the employment agreement.
Background Check Policy
Employers that use background checks on applicants or employees should implement and maintain a background check policy.
The Equal Employment Opportunity (EEO) policy is often considered one of the most important policies to communicate to employees. Although most employers must post employee EEO rights posters, an EEO policy is not technically required by federal law. Nevertheless, most employers implement and maintain an EEO policy to:
Demonstrate their compliance with anti-discrimination laws.
Support a legal defense against discrimination claims.
Outline a complaint procedure for employees who feel they have been subjected to discrimination.
In support of these important goals, the EEO policy is frequently the first policy in a handbook.
Mention temporary employees DO NOT qualify for most Company benefits.
FLSA - Employers are required to provide a reasonable amount of break time and a space to express milk as frequently as needed by the nursing mother, for up to one year following the birth of the employee’s child. The frequency of breaks needed to express breast milk as well as the duration of each break will likely vary. The space provided by the employer cannot be a bathroom, and it must be shielded from view and free from intrusion by coworkers or the public.
All employers covered by the FLSA, regardless of the size of their business, are required to comply with this provision. However, employers with fewer than 50 employees are not subject to the FLSA break time requirement if the employer can demonstrate that compliance with the provision would impose an undue hardship. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, or structure of the employer’s business.
Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk. However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. In addition, the FLSA’s general requirement that the employee must be completely relieved from duty or else the time must be compensated as work time applies. See Wage and Hour Division Fact Sheet #22, Hours Worked under the FLSA.
As part of their recruiting efforts, many employers pay bonuses to employees for referring qualified candidates for open job postings. Employers that pay referral bonuses should implement and maintain an employee referral policy.
An employer can minimize these legal risks by implementing and maintaining a written policy.
Passwords
No expectation of privacy
Client information
Describe systems: phones, email, printers, internet, intranet,
Downloading software, accessing websites
Although federal law does not require it, employers should consider implementing and maintaining a social media policy. Employees' improper and inappropriate use of social media carries various legal risks for the employer such as potential unauthorized disclosure of confidential and proprietary information, employee harassment and privacy violations. A written policy helps minimize legal risk by defining acceptable and unacceptable use of social media in the context of the employment relationship.
Can prohibit employees from using while working – difficult to enforce.
No expectation of privacy
Guidelines for Employees' Responsible Use of Social Media
The above material covers specific rules, policies, and contractual obligations that employees must follow in using social media, whether for personal or business purposes, in consideration of their employment and subject to discipline for violations. The following sections of the policy provide employees with common sense guidelines and recommendations for using social media responsibly and safely, in the best interests of [EMPLOYER NAME]. These guidelines reflect the "duty of loyalty" all employees owe their employers, and are intended to add to, not contradict, limit, or replace, applicable mandatory rules, policies, legal requirements, legal prohibitions, and contractual obligations.
Protect the Company's Goodwill, Brands, and Business Reputation. You are personally responsible for what you communicate in social media. Remember that what you publish might be available to be read by the masses (including the company itself, future employers, and social acquaintances) for a long time. Keep this in mind before you post content.
Make it clear in your social media activity that you are speaking on your own behalf. Write in the first person and use your personal email address when communicating via social media. [Never post anonymously to social media sites when your post could be attributed to [EMPLOYER NAME], its affiliates, customers, clients, business partners, suppliers, vendors, or other stakeholders. Anonymous posts can be traced back to the original sender's email address. Follow all guidelines in this policy regarding social media postings.]
When you disclose your affiliation as an employee of [EMPLOYER NAME], it is recommended that you also include a disclaimer that your views do not represent those of your employer. For example, consider such language as "the views in this posting reflect my personal views and do not represent the views of my employer."
Use good judgment about what you post and remember that anything you say can reflect on [EMPLOYER NAME], even if you do include a disclaimer. Always strive to be accurate in your communications about [EMPLOYER NAME] and remember that your statements have the potential to result in liability for you or [EMPLOYER NAME]. [EMPLOYER NAME] encourages professionalism and honesty in social media and other communications.
However, the OSH Act does not cover:
•Public employers like federal government, state government, and state political subdivisions. However, state-approved plans may cover public employers in states where they apply (see State Health and Safety Regulations).
•Workplace health and safety where conditions are regulated by other federal agencies (such as mining and nuclear energy) and family farms.
29 U.S.C. § 652(4) and (5)
Utah prohibits employers from restricting employees from storing guns in parking area. Utah Code Ann. § 34-45-103(1).
Utah employers CAN prohibit guns in company-owned vehicles. see Utah Code Ann. §§ 34-45-103(2) and 34-45-107.
Utah employers are granted immunity from liability associated with use of firearm stored on their property. Utah Code Ann. § 34-45-104.
Avoid Triggering ERISA Compliance Obligations
Employers should avoid referring to any benefit arrangements that they do not intend to sponsor when discussing employee benefits in their employee handbooks. This is because they can unintentionally create an Employee Retirement Income Security Act (ERISA) welfare plan and trigger ERISA compliance requirements (which include fiduciary obligations, reporting and disclosure rules and detailed claims procedures) if the employer's involvement with the voluntary insurance program is too great. This could occur, for example, if the employer mentions the voluntary insurance program as part of its employee benefits package in its employee handbook (see Moorman v. UnumProvident Corp., 464 F.3d 1260 (11th Cir. 2006)).
However, employers that do not mention the voluntary group insurance program in the handbook are more likely to fit within the safe harbor exemption from ERISA for certain types of voluntary group insurance programs offered by an insurer to employees (29 C.F.R. § 2510.3-1(j)). In particular, employers can permit insurers to enroll their employees in voluntary insurance programs, such as dental insurance, without creating an ERISA welfare plan if they do not:
Make contributions to the program.
Require employee participation.
Endorse the program, though employers can permit insurers only to:
publicize the program to employees; and
collect premiums through payroll deductions and remit them to the insurer.
Receive compensation in connection with the voluntary insurance program.
Neither Utah’s Legislature nor its courts have given any significant guidance regarding other potential vacation policy issues. They are silent regarding whether an employer may:
establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment,
deny payment for accrued vacation to an employee upon separation from employment if its policy or contract is silent on the matter,
require an employee to comply with specific requirements to qualify for payment of vacation leave upon separation from employment, such as giving two weeks notice or being employed as of a specific date of the year,
cap the vacation leave an employee may accrued over time,
implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it.
Although Utah’s authorities are silent regarding many vacation policy issues, based on the contractual emphasis Utah has placed on vacation policies, an employer is likely free to implement the vacation policy of its choosing, including policies providing for the forfeiture of accrued vacation leave upon separation from employment. UT Admin. Code R610-3-4(B)(1). An employer is required to comply with the terms of the policy it chooses to implement. UT Admin. Code R610-3-4(B)(1).
Some employers maintain policies that provide time off that can be used for multiple reasons at the employee's discretion, for example, vacation, illness or other personal reasons.
Neither Utah’s Legislature nor its courts have given any significant guidance regarding other potential vacation policy issues. They are silent regarding whether an employer may:
establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment,
deny payment for accrued vacation to an employee upon separation from employment if its policy or contract is silent on the matter,
require an employee to comply with specific requirements to qualify for payment of vacation leave upon separation from employment, such as giving two weeks notice or being employed as of a specific date of the year,
cap the vacation leave an employee may accrued over time,
implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it.
See Tilley v. Kalamazoo Cnty. Road Comm'n, 2015 WL 304190 (6th Cir. Jan. 26, 2015).)
military service leave, employees will be paid the difference (if any) between their [EMPLOYER NAME] base pay and their military pay for the first [LENGTH OF TIME] of active military duty