Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Employee Handbooks: What’s In, What’s Out? March 2, 2010 Megan L. Anderson [email protected] Create or Periodically Update a Customized Handbook • Factors influencing Handbook contents: – – – – – – – Employer size Nature of business and job positions Public vs. private sector employer Union vs. non-union Affirmative Action employer or not Locations / Unique Local Laws Changes in the law, best practices, or the particular business 2 What’s “In”: Contract Avoidance • A Prominent Contract Disclaimer: – Narrow to Broad Options: Disclaim all contractual obligations or modification of at-will employment – Reserve the right to amend and interpret policies – Supersede earlier written or oral policies and/or practices • Obtain and Retain a Handbook Receipt from each Employee: – Acknowledge receipt – Agreement to abide by policies – Acknowledgement of at-will employment and contract disclaimer 3 What’s “In”: Contract Avoidance • Identify desired conduct of employees, rather than promised conduct of company or management • Say what you mean and mean what you say: – Only make promises that company intends to and can keep • Use language that gives employer flexibility and discretion • Avoid and/or very carefully draft policies that may suggest contract rights or alter at-will employment • Avoid ambiguity, gaps, and conflicts in handbook policies 4 What’s “In”: Updated Anti-Discrimination Policies • EEO/Anti-Discrimination Policy: – New federal Genetic Information Nondiscrimination Act (GINA) added genetic information to legally protected classes • Disability Accommodations Policy (for employers with 15+ employees): – Americans with Disabilities Act Amended – New regulations are anticipated in 2010 • Anti-Harassment Policy: – Cover all protected classes and content needed for legal defenses 5 What’s “In”: Updated FMLA Policy • Family & Medical Leave Act Policy: – A written policy is legally required for employers with 50+ employees – Update policy to address recent amendments to FMLA and new regulations • New military-related entitlements for exigency or caregiver leave • Extensive changes in the regulations 6 What’s “In”: MN Personnel File Policy • MN Personnel Record Review and Access Act: – Effective January 1, 2008 – Applies to companies with at least 21 employees – Requires written notice to newly hired employees of “Rights and Remedies” under Act 7 What’s “In”: Vacation/Sick/PTO Policies • 2007 Minnesota Supreme Court Decision Held that Employer’s Policy controls what earned • Maintain a Clear, Written Policy in or Separate from the Handbook and address: – Use it or lose it/Roll-overs/Caps – Restrictions on use (e.g., timely requests, seasonal restrictions, etc.) – Payout at termination or not 8 What’s “In”: Other Leave Policies • Legally Required Leaves (depending on employer size): – – – – – – – – MN Parental Leave Sick/Injured Child Care Leave School Activities Leave Jury/Witness Duty Time Off to Vote Military Leave Bone Marrow Donation “Reasonable Accommodation” Disability Leave • Paid Holidays • Bereavement • Medical and/or Personal Leave 9 What’s “In”: Wage and Hour Policies • Employee Classifications and Policies for Non-Exempt Employees: – Work week and working hours – Breaks and meal periods – Timekeeping and overtime • Safe Harbor Policy for Exempt Employees: – Allows company opportunity to correct improper salary deductions that could affect exempt employee status 10 What’s “In”: Technology and Online Social Networking Policies • Company Property and Technology Policies: – Use of Employer Property and Workspaces – Use of Company Provided Technology • Voice-mail, E-mail, Internet/Web, PDA’s, and Other • Company’s Ability to Search/Monitor • Social Networking Policy: – Facebook, Myspace, Twitter, Youtube, Blogs, etc. – Policy should balance employer’s interests with employees’ protected activities and possible privacy rights 11 What’s “In”: Litigation-Driven Policies • Whistleblowing Policy: – To address rise in retaliation claims • Document/Data Retention and Destruction: – To address legal recordkeeping requirements – To address e-discovery requirements in litigation – Might have longer policy outside handbook with a cross-reference in handbook 12 What’s “In”: Employee Expectations • • • Attendance/Tardiness/No-Call, No-Show Weapons/Violence Drug, Alcohol, Smoke Free Workplace Conflicts of Interest Confidential Information Intellectual Property Safety/Work-Related Injuries Employment of Relatives/Nepotism Supervisory Romantic Relationships Telecommuting 13 What’s “Out”: Things to Separate from the Handbook • Some Acknowledgements Must be Separate from the Handbook: – FCRA/Background Check Authorization – Alcohol and/or Drug Testing Policy and Authorization • Key Contractual Commitments Should be Separate: – – – – Confidential/Trade Secret Information Noncompete and/or Nonsolicitation Obligations Invention Assignment Arbitration 14 What’s “Out”: Things to Consider Omitting Entirely • Be careful of policies that could alter atwill employment or create contracts: – – – – Probationary Policies Discipline or Termination Policies Grievance Policies Strict Attendance Policies • Regulation of non-work behavior: – MN Lawful Consumable Products Law – Privacy Considerations 15 What Could Be In or Out: Labor Law Considerations • Policies that Implicate Federal Labor Law Rights: – Use of Company E-mail System or other Technology – Confidentiality, e.g., wages – Mandatory Arbitration – Fraternization on and off the job – Solicitation and Distribution – Anti-Union Statements 16 • Questions? 17 • Speaker Contact Information: Megan Anderson (612) 632-3004 [email protected] 18