Policies / Handbooks

New ADAAA regs now in effect! Get ready for more lawsuits

05/24/2011

The final regulations for implementing the Americans with Disabilities Act Amendments Act of 2008 went into effect today. In the two years since the ADAAA was enacted, employers have begun to experience the law’s profound impact. With the final regs in place, expect courts to view them as the law of the land. They’re sure to be the critical factor in future ADA cases.

Stop off-the-clock work with strong OT rules

05/17/2011

Hourly employees know that if they work overtime, their employer must pay them for the extra hours. That’s true, but it doesn’t mean they can work OT whenever they feel like it. Here’s how to end unauthorized overtime:

You can demand that employees respond to FMLA leave questions

05/13/2011

Employees don’t always give their employers much notice that they need FMLA leave. Nor are they always specific. Now the 7th Circuit Court of Appeals has issued a ruling that clarifies what’s expected of both employer and employee in such circumstances.

Workplace Smoking: State Laws

05/12/2011

The U.S. Centers for Disease Control & Prevention recently hailed the “half-way point in a remarkable journey” as more than 25 states now have laws prohibiting smoking in workplaces, restaurants and bars. Here is the list, plus a link to more state workplace smoking laws …

Bulletproof HR decision-making by following your own rules–and logging your compliance

05/11/2011

You must have clear rules in place for making personnel decisions—and you must follow those rules consistently. With good documentation, you then are able to show exactly how and when you made your decision. That can sometimes make the difference between a dismissed lawsuit and litigation.

Monitoring the virtual water cooler: Employees on Facebook and more

05/10/2011

It’s a sure thing: Your employees are using social media such as Facebook and Twitter. That means you need to make conscious decisions about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.

Drinking at work: Don’t raise a glass to new trend

05/10/2011

A recent BusinessWeek story pours out several examples of companies embracing the idea of drinking at work. While occasional celebrations are fine, offering an unlimited liquid buffet is simply asking for employment law trouble.

Where there’s smoke … can you fire (or refuse to hire)?

05/09/2011

Many employers are deciding not to hire smokers, screen new hires for nicotine as a condition for employment, impose higher health-benefit premiums for smokers and try to help smokers quit. While employers are free to ban smoking in their workplaces, taking action based on what employees do on their own time outside of work is much more controversial and raises a host of legal issues.

Must we give drug policy to an ex-employee?

05/05/2011

Q. We just terminated an employee for testing positive for PCP. Now the former employee wants a copy of our drug-testing policy. Do I have to provide it?

Check your FMLA policy: Does it comply with new leave expansions?

05/04/2011

Congressional actions often grab the headlines, but recent executive branch moves have subtly expanded those who qualify for leave under the Family and Medical Leave Act. Make it a point to regularly review your FMLA policy to ensure it is up-to-date and complies with the latest laws, court decisions and Department of Labor regulations and interpretations.