Policies / Handbooks

Arbitration decisions tend to stick

09/07/2016

There’s a downside to agreeing to decide disciplinary matters in arbitration. Once you agree to have your decisions second-guessed in arbitration, don’t expect to get the arbitrator’s decision easily overturned.

Court: Arbitrators — not judges — should decide validity of arbitration agreements

09/06/2016

The 5th Circuit Court of Appeals has handed arbitrators the power to decide if arbitration agreements are valid. The appeals court ruled that it was legitimate to ask whether an arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act claim, but that it was a question best answered not by a judge, but by an arbitrator.

Relax! Your arbitration agreement is likely valid

09/04/2016

As long as you get expert legal help creating a valid arbitration agreement, Texas courts will probably enforce it.

Make sure arbitration agreements are fair, clearly written and easy to understand

08/22/2016

Arbitration agreements are enforceable in California only if they are conscionable. Courts are likely to uphold arbitration agreements written in plain language that is easy for employees to understand.

Ensure lack of clarity doesn’t cause liability

08/11/2016

Rules that are unclear, vague or poorly worded can spell trouble if they end up being applied differently to some employees and not others. That’s one reason you should pay careful attention to the language in your policies.

Ensure handbook asserts at-will employment

07/28/2016

If you have a handbook that provides workers with a limited right to contest proposed discipline, make sure it also has a very strong at-will statement.

Why your company’s biggest idiot is such a legal threat

07/18/2016

The National Labor Relations Board and the Equal Employment Opportunity Commission may protect workers who wildly misinterpret your intentions. Here’s how to cope.

Zero-tolerance policies: an open door to trouble?

06/22/2016

On paper, zero-tolerance policies seem like a good idea: You warn employees that your organization will not tolerate even one instance of on-the-job misconduct. But life isn’t always so simple.

7 steps for handling employee complaints

06/20/2016

Each time HR receives an employee complaint about discrimination or harassment, it should follow these steps—consistently and fairly.

The Records Management Filing Cabinet: June ’16

06/09/2016

Employees recording; fire protection; locked flash drives