Why you need this tool: These three tools allow you to alter your zero tolerance policy to accommodate medical marijuana. How this tool helps you: You can choose the policy that fits your situation. How to use this tool: Choose the appropriate policy and distribute it in your workplace. … [Read more...] about Model Tool: Three policies to accommodate medical marijuana
Termination
How to protect your practice against costly FLSA and EEOC claims
Do an HR audit at the start of each year Today's protection against tomorrow's employment law claims is a human resources audit. An audit is essential to keep the firm's employment processes accurate and current – and also followed, says Joseph Godwin, human resources consultant for F&H Solutions Group in Ashville, NC. The audit needs to be done every year, because with … [Read more...] about How to protect your practice against costly FLSA and EEOC claims
Model Tool: Privacy Risk Assessment
Why you need this assessment: Information collected about individual job applicants is considered personal information subject to privacy laws, regardless of whether the information is publicly available. You need to consider these privacy risks you face before using social media sites like Facebook to gather personal information about job applicants. How this assessment helps … [Read more...] about Model Tool: Privacy Risk Assessment
Model Tool: Pre-Employment Screening Notification
Why you need this notification: Collecting information about job applicants from social media websites like Facebook can get you into legal hot water. That's because the information you collect may be considered protected, personal information to the extent applicants can show they had a reasonable expectation of privacy in the material. How this notification helps you: It's … [Read more...] about Model Tool: Pre-Employment Screening Notification
Model Policy: Progressive discipline and employee termination
Why you need this policy: There's no point in having any policies, procedures, and standards unless you're prepared to discipline employees who disobey them. The problem is that discipline is not only unpleasant but likely to result in some form of legal grievance, especially if the employee belongs to a union. That means you'll end up having to defend your action before an … [Read more...] about Model Policy: Progressive discipline and employee termination
HR law and employee social networking
Can you discipline employees for social networking offenses? Answer: It depends. Explanation: Frittering away time, disclosing patient records, bad mouthing the practice and other offenses are grounds for discipline when they occur "off line." So why should it make a difference if employees do these things online while social networking? In theory, it shouldn't. The … [Read more...] about HR law and employee social networking
Employees fired for social networking offenses
Here are a few examples of cases in which a court or arbitrator upheld the decision to fire an employee for social network abuses. Note that the existence of a clearly written, specific social networking policy was a factor in each of these cases: OK to fire employee for: Why termination upheld: Disparaging Co-Worker in Blog: Nurse makes highly … [Read more...] about Employees fired for social networking offenses
Beware Lilly Ledbetter; it extends the time limit for unfair pay claims
A relatively new law that all but eliminates the statute of limitations on equal pay lawsuits for women brings yet more employment law concerns administrators need to be aware of. It’s the Lilly Ledbetter Fair Pay Act. Employers can expect an upswing in claims that their female employees are underpaid, says Denise Murphy, an employment law attorney with Rubin and Rudman in … [Read more...] about Beware Lilly Ledbetter; it extends the time limit for unfair pay claims
Today’s growing insurance need: EPLI coverage
It’s becoming increasingly necessary for all firms, yet only about 50% have it. It’s employment practices liability insurance. EPLI is coverage for claims brought by disgruntled employees, and in the current “downsizing environment” it’s a necessity, says Uri Gutfreund, specialist in law firm insurance at Singer Nelson Charlmers in New York … [Read more...] about Today’s growing insurance need: EPLI coverage
Retaliation gets broader and more expensive and is hitting all offices
What’s the single greatest employment law risk employers are facing? Retaliation. The EEOC reports that retaliation claims have been on the upswing for 10 years and now sit at the top of the list of employment law matters. Heightening the issue is the fact that an employee can cry retaliation – and the firm can have to pay out a lot of money – even if the complaint … [Read more...] about Retaliation gets broader and more expensive and is hitting all offices