by Stephen D. Hans | Dec 18, 2018 | Employee Handbook
What Are the Current NLRB Handbook Guidelines for Employers? Through a number of legal cases, including the 2004 Lutheran Heritage decision and later decisions, the National Labor Relations Board (NLRB) deemed certain employee handbook rules as unlawful. They adjudicated that they were in violation of employees Section 7 rights (right to self-organize and right to collective bargaining). As a result, for a number of years workplace rules established by employers came under scrutiny and more harsh restrictions. However, the NLRB MEMORANDUM GC 18-04, released on June 15, 2018, restored commonplace rules that previously were under attack. New Categories for Rules The NLRB now places employment rules into three categories: category 1 lawful rules, category 2 rules warranting individualized scrutiny, and category 3 unlawful rules. Category 1 Rules The NLRB considers rules to be lawful (when reasonably interpreted) that do not prohibit or interfere with employees’ rights under the NLRA. They also consider whether the business justifications associated with the rule outweigh the potential adverse impact on protected rights. Some category 1 examples that are lawful rules include: Conduct that is inappropriate such as rude or condescending behavior Negative or disparaging remarks about the professional capabilities of an employee Offensive language Posting photographs or videos that could be viewed as disparaging employees Insubordination to a manager Lack of cooperation with fellow employees or guests Prevention of company misrepresentation Using a company logo or trademark without approval Category 2 Rules Rules that warrant individualized scrutiny are rules that are not obviously lawful or unlawful. The Board would evaluate on a case-by-case basis whether the rule caused employees to refrain from Section...
by Stephen D. Hans | Aug 7, 2018 | Employee Handbook
Laws Small Business Owners Should Know About Business laws have multiplied over the years and as a small business owner, you might feel overwhelmed because there are so many. Which laws take priority for your small business? Large companies have HR departments to tackle legal requirements, but smaller companies do not share this advantage. Business News Daily addresses this concern and points out four primary laws that should concern small business owners the most: Family Medical Leave Act (FMLA and employee leaves from work) Any private sector employer who has 50 or more employees must provide eligible workers up to 12 weeks of family medical leave during a 12-month period. This means that the employee’s job is protected during the leave from work. Certain family and medical situations make a worker eligible to receive the leave. By law, the employer cannot prevent deny or interfere with the right to this leave. However, a close examination of the reasons an employee gives for requesting the leave can prevent abuse of the FMLA. Employers can require that employees fill out a request form and provide mandatory medical certifications to ensure the employee qualifies for the leave. Non-unionized Employers Although you may not employ unionized workers, under the National Labor Relations Act (NLRA), workers have the right to unionize, collectively bargain and take part in activities that are for their “mutual aid and protection” (NLRA). They are allowed to discuss wages and other terms or conditions of their employment with each other. Your policies that restrict what employees can post on social media must not interfere with employees’ NLRA rights. It’s a...
by Stephen D. Hans | Mar 10, 2017 | Employee Handbook, Employment Defense Attorney, HR Guidelines
There is a lot of administration involved with running a business, and sometimes you wonder what records to keep and how long you have to keep them. The EEOC (Equal Employment Opportunity Commission)clarifies what your record keeping requirements are under federal law as the following: The EEOC requires you to keep all employment records for personnel for one year. If you fire an employee, then you must keep that former employee’s records for one year from the date of termination. The Age Discrimination in Employment Act (ADEA) requires employers to keep all payroll records for three years. Also if you have employee benefit plans such as pensions and insurance plans, and any written seniority or merit system, you must keep records of these plans for the full time the plan is in effect. Or if you fir the employee, for one year after the employee’s termination. The Fair Labor Standards Act (FLSA) requires you to keep records that could be applicable to the Equal Pay Act (EPA) for at least three years. This includes any records that would explain the reason for paying different wages to employees of opposite sexes who work in the same establishment. You should keep for at least two years records that show wage rates, job evaluations, seniority, merit systems and collective bargaining agreements. What Records Do You Need if the EEOC Files a Charge on You? While no one wants to think about having a claim filed against the business with the EEOC, it’s good to be prepared in the event it happens. Let’s say you discover an employee has filed a claim...
by Stephen D. Hans | Oct 10, 2016 | Employee Handbook, HR Guidelines
Employee handbooks are a proactive measure for businesses to protect employee’s rights and also provide the business with legal protection. Employee Handbook Sections The Small Business Administration (SBA) provides useful information about writing employee handbooks. Companies should consider including the following sections: Non-Disclosure Agreements (NDAs) and Conflict of Interest Statements. Not all businesses would require this, but if you have trade secrets and proprietary information, including an NDA and conflict of interest statement can help you protect your business property. Anti-Discrimination Policies. A number of anti-discrimination laws require you to adhere to their guidelines, including: Chapter VII of the Civil Rights Law and the Americans with Disabilities Law (ADA). New York has its own anti-discrimination laws, which are even more comprehensive, that you can also address. Compensation. Federal and state tax deductions, 401Ks, overtime pay, breaks, bonuses, pay schedules, time keeping records and workers’ compensation are topics to cover under compensation so that employees understand and know what to expect. Work Schedules. Employers should explain their work hours and schedules, and how they deal with attendance and punctuality. If they have special flex schedules or telecommuting opportunities, this should also be included. Standard of Conduct. Employers should explain their dress codes, ethical work codes and other behavior expected of employees. They should also address employee’s legal responsibilities when the business is involved in a government-regulated activity. Other sections to include in your handbook are: general employment information (job classifications, employee records, job postings, probationary periods, termination and resignation procedures, transfers and relation and union information), safety and security (OSHA requirements, procedures in the event of an earthquake, hurricane, etc.),...
