Yesterday, we ran down attorney Kevin Troutman’s first five threats and traps for HR managers; today, three more. Plus, an introduction to this fall’s California Employment Law Update conference — time’s running out to save!
Troutman, who is a partner at Fisher &Phillips LLP, blogged his threats and traps on Mondaq.com.
[Go here for Traps 1 to 5.]
Trap #6. Overbroad solicitation and distribution policies
This issue is important from both a policy and practice perspective, especially in areas where unions are attempting to organize workers. Employees can be required to limit solicitation activity to non-working times, but blanket or across-the-board prohibitions are unlawful.
A good general rule is, “working time is for work.” An employer may prohibit distribution of non-institutional materials in working areas at any time. Besides reviewing policy language, employers must ensure that they are actually doing what their policies say.
The current pro-labor National Relations Labor Board is poised to intervene where it believes an employer is overreaching. As employers will receive little or no benefit of the doubt, it is important to ensure these policies and practices are current.
Early-Bird deadline extended! Last chance to save $100 on the California Employment Law Update conference is this Friday — don’t miss it!
Trap #7. Not keeping your HR policies up-to-date
As in the previous example, it is important to ensure that your HR practices match your policies. Plaintiffs’ attorneys like nothing more than showing that an employer did not follow its own written guidelines.
For example, does your policy prohibit gambling in every form while in actual practice your employees (and supervisors) participate in Super Bowl or March Madness pools? You can help avoid this dilemma by building flexibility into policy language and avoiding rules or prohibitions that are absolute.
On the other hand, policies such as those dealing with FMLA demand detailed, precise language because regulations require specific communications and actions.
We’d love to see you in Berkeley this November. Register for CELU by Friday and save a cool $100 off your registration.
To ensure that policies remain accurate and up-to-date, schedule regular reviews that incorporate input from supervisors who are responsible for day-to-day compliance. It is also vital to remind supervisors of these policies on a systematic basis.
Trap #8. Failing to keep abreast of new developments
Whatever methods you use, it is critical to follow legal, technological and cultural developments that affect your workforce. Though we do not know what specific changes will come next, there is little doubt that change will continue at a rapid pace, Troutman says.
You can do some research on your own, but the very best way to keep up with all the changes you need to know about on a daily basis is to attend a comprehensive conference that covers, in depth, all the developments you need to know about.
Fortunately, we know just where you can find such a conference — specifically for California employers!
Now taking registrations for its 6th acclaimed year, the California Employment Law Update conference is widely recognized as the leading California-specific employment law conference for forward-thinking HR professionals, executives, and in-house counsel.
In just two days (or three, if you join us for our in-depth pre-conference workshops), you’ll learn how to protect your organization from lawsuits and penalties and how to create effective, legally sound workplace policies. We’re including sessions on:
- New state and federal laws, regulations, and court cases
- Document verification and privacy
- California wage/hour tripwires
- Leave laws in California
- Harassment, bullying, and retaliation
- And more!
Plus, we’ve got your choice of four in-depth optional pre-conference workshops you won’t want to miss:
- FMLA/ADA compliance in depth
- Social media boot camp for employers
- How to conduct a legal, thorough workplace investigation
- Workers’ comp for HR professionals
Our early-bird deadline was originally set to expire on June 15, but due to popular demand, we’ve extended it to this Friday, the 24th. If you register by then, you’ll save $100 off your registration.
But at midnight Pacific, the discount expires, and we won’t be extending the deadline again. This is your very last chance to lock in your spot at CELU at the best rate we offer.
Click here for all the details and registration info. If you have any questions about the event, please feel free to email me directly at jcarsen@employeradvice.com. We hope to see you in Berkeley this fall!
Download your free copy of Paying Overtime: 10 Key Exemption Concepts today!
The early-bird discount expires at midnight Pacific on Friday – don’t miss out! We’d really love to have you join us at the conference this fall, and now’s your last chance to lock in these savings.
The early-bird discount expires at midnight Pacific on Friday – don’t miss out! We’d really love to have you join us at the conference this fall, and now’s your last chance to lock in these savings.