Policies
Weeding Out Employees: The Ups and Downs of Drug-Testing Manufacturing Workforce
Finding and keeping dependable employees has always been a priority for employers. For manufacturers, drug testing is a tried-and-true method of weeding out employees who may be less dependable. However, the COVID-19 pandemic and changing laws have significantly impacted the employment landscape. Now might be a good time for manufacturers to remind themselves — and…
Read MoreHow Do We Handle Drug or Alcohol Impairment in the Workplace?
Here is a question we received via email from a company with multiple locations in different states: We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are particularly concerned about…
Read MorePros and Cons About Zero Tolerance Policies
Recently, a white employee was fired under a company’s zero-tolerance policy when he was overheard discussing a rap artist on a company phone. In another incident, a school security guard in Madison, Wisconsin, who was Black, was fired under the school district’s zero tolerance policy when he objected to a student referring to him using…
Read MoreWhy Do You Need a Handbook Disclaimer and What Should Be In It Anyway?
If you’re like most employers right now, you’re in the process of reviewing your Employee Handbook to see if it needs to be updated. A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. Now, in…
Read MoreHow to Minimize Your Risk in an Offer Letter
You have found the best candidate for the job you’re filling, and your offer is accepted, but sometimes unpredictable things happen. For example: What if you need to rescind an offer of employment? What if a candidate starts before their background check is complete and they don’t meet the requirements of the job when the…
Read MoreContractor Agreements Subject to Federal/State Law Prohibitions on Confidentiality and Nondisparagement
In yet another example of laws blurring the distinction between employees and independent contractors, organizations need to beware that the prohibitions on confidentiality and nondisparagement agreements embodied in the federal Speak Out Act and various state laws often are equally applicable to independent contractor agreements. The motive behind these prohibitions is driven by the egregiousness…
Read MoreEmployers, Don’t Forget About the Flu!
Prior to the COVID-19 pandemic, many employers did not have flu-specific policies and procedures (healthcare employers being one significant exception). However, seasonal flu can be a serious and dangerous illness, and employers should not treat it lightly. Many of the lessons we collectively learned from COVID-19 are equally applicable to the flu. And employers should…
Read MoreCongress Expands Protections for Pregnant Employees and Employees Who Are Nursing
On December 22, 2022, the 117th Congress passed with bipartisan support an omnibus spending bill, which includes two measures that expand rights for pregnant and nursing workers: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). President Biden is expected to sign the bill before the…
Read MoreChanges in Gun Laws Affect the Workplace
Recent changes in state and federal laws have affected an individual’s ability to carry firearms in public and the workplace. These changes should prompt all employers to review their policies on guns in the workplace, with the overall goal of balancing individuals’ gun rights with maintaining a safe workplace. Federal Gun Laws Employers have a…
Read MoreShould Your Workplace Require Flu Shots?
The U.S. Centers for Disease Control and Prevention (CDC) recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The flu season typically runs between October and May with a peak in January and February,…
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