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Policies / Handbooks

Refer to the rule book: Hiring and promotion policies belong in your employee handbook

03/26/2009

Employers with a good employee handbook that explicitly sets out the rules for handling hiring, promotions and raises have a huge advantage if there’s ever a complaint that those processes have been unfairly applied. Clearly written policies are one great way to counter the “he told me” claims …

Don’t promise FMLA leave if you’re not required to comply

03/26/2009

In Pennsylvania, employers that make a promise that an employee reasonably relies on may be liable if that promise isn’t fulfilled and the employee suffers harm as a result. This quasi-contract theory has FMLA implications …

Could an offer letter compromise at-will employment?

03/26/2009

Q. Is it wrong to ask new hires to sign job-offer letters? We ask for a signed copy as part of documenting that they were informed that employment was “at will.” Is this inadvisable?

What should I do? My boss wants to make a change that goes against existing policy

03/26/2009

Q. I’m the HR director, and our discipline policy is very complicated and has several categories of offenses. It says that if employees commit offenses that may result in suspensions of more than three days, employees are allowed a pre-disciplinary counseling conference. My boss thinks we should skip that conference if the employee has already been counseled for a prior offense within the past 12 months. I’m concerned that this deviates from our policy. Can we do this?

Can we institute blanket ban on smoking on company property?

03/26/2009

Q. We run a carry-out/catering kitchen. Can we legally tell all our employees and customers that they can’t smoke on the property?

IRS, DOL release guidance on new COBRA rules

03/24/2009

The IRS and the U.S. Department of Labor have just published guidance to help employers claim the credit for the new 65% COBRA subsidy and create the mandatory new COBRA notices. Look here for links to the documents and information you need to comply.

DITO DITA … Do It To One. Do It To All

03/24/2009

Do you sometimes let employees bend company policy … just a little? It’s really no big deal, right? A new court ruling warns that if you start bending a policy for one, you’d better be ready to bend it for all. Being flexible can sometimes be fatal.

What counts as ‘full time’ under federal law?

03/24/2009

Q. We mostly have 40-hours-a-week employees, plus a couple of 20-hour part-timers. One part-timer asked me what constitutes “full time.” I think she wants to work the minimum and still receive benefits. Is there a set cutoff for full-time work under the federal overtime labor law?

What should we do in light of California’s new no-texting-while-driving law?

03/20/2009

Q. How does the new California law making it illegal to send and read text messages while driving affect employers?

When employees leave, so does company data

03/18/2009

More than half of employees who lost or left their jobs in 2008 took company data with them, according to a study conducted by Ponemon Institute and cyber-security software maker Symantec. A shocking 59% of respondents claimed they had copied or e-mailed company data.