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For purposes of this chapter, social media includes all electronic social networking sites through which applicants and employees may congregate, such as Facebook, Twitter, various blog-hosting sites, and LinkedIn. While there are hundreds, if not thousands, of such sites, the law regarding the use of social media in employment is still in its infancy. As there have been very few reported court cases regarding it, this chapter is limited to discussing potential issues that may arise in using social media in employment decisions, rather than providing definitive answers regarding such usage.
Generally, it is easiest to think about the employment issues regarding social media in two timeframes:
Comprehensive guidelines to An Employer's Guide to FMLA and ADA, Employee Benefits - An Employer's Guide, Employment Verification: Immigration, Form I-9, and E-Verify, Hiring, Firing and Discipline, Wages and Hours - An Employer's Guide and Workpl...Learn more
We are pleased to present a webinar concerning cybersecurity with the author of both the Tennessee Human Resources Manual and the Virginia Human Resources Manuals, Andrew Wampler with Wilson Worley LLP.
In this presentation, we will cover:
1. Cybersecurity issues as they relate to business/employment law
The employment interview is the most used and often the least valid selection device used by management. Too often interviewers are ill prepared and may be influenced by irrelevant personality factors to determine who is best for the job. That is why we suggest having more than one person interview each of the candidates. Of course, each interviewer should be trained on the “hows” of conducting an interview.
Preparing for an interview
When interviewing candidates, it is helpful to remember the following four points:
In most states, employment is presumed to be “at-will.” This means employees can be discharged and can resign at any time, with or without cause or notice. Such discharge or resignation usually does not give the employee the right to sue unless the employee can establish that an exception to the general at-will rule applies. The most commonly recognized exceptions to at-will employment include:
Beginning on July 1, 2017, under Arizona law, all employees earn 1 hour of paid sick leave for every 30 hours worked. If a company has 15 or more employees, employees accrue and use up to 40 hours of paid sick leave per year. If a company has fewer than 15 employees, employees accrue and may use up to 24 hours of paid sick leave per year. Exempt employees are presumed to work 40 hours per week (unless their actual schedule is fewer hours, then their actual schedule can be used). Unused sick leave rolls over from year to year unless the employer pays for the unused leave.
In lieu of an hourly accrual, an employer may give employees all of their sick leave hours up front at the beginning of the year. Additionally, . . .
The summer can bring up several employment issues, including discipline and dress code violations, but one of the biggest issues is just getting employees to show up! With holidays and vacations, warmer summer months often result in lower attendance, which can translate to a loss in productivity. Time off requests also pose a lot of administrative problems, and employers should be sure to enforce a clear policy to ensure fairness. The following sample policy can help you get started.
A few years ago if you heard the word bullying, images of playgrounds and principals' offices might come to mind. It's true that many people felt that bullying only applied to children, but in recent years we've acknowledged the truth of the situation: adults can be bullied – and bullies – too. A 2010 survey showed that over 35% of adults admit to being bullied and another 15% admit to witnessing bullying. With these numbers on the rise, employers need to learn to identify and prevent bullying in the workplace, as it can lead to some very serious problems. Here are some questions you need answers to and a sample bullying policy:
Finding new employees can be stressful. Sure, an applicant will say they are a hardworking overachiever, but are they being honest? That's where reference checks come in. For most positions, it is beneficial for an employer to request and contact previous employers to check on perspective employees as it can protect the employer in any future negligent hiring claims. But what is the right way to get a reference? And what is the right way to give a reference for your own past employees?
Meal breaks and rest breaks continue to be some of the biggest grey areas in employment. Whether its understanding how much time needs to be provided, what limitations an employer can place on the employee during that time, or timekeeping issues, break time can be a very confusing topic. Here are a few things to keep in mind when dealing with employee breaks.
While there may be no state or federal law requiring an employer to have a handbook, there are a number or reasons why they are in an employer’s best interest.
A job worth doing is worth doing well
A handbook isn’t necessarily a get out of jail free card. Like any tool, if you don’t use your handbook properly it can end up hurting you.
Where to start
While there are any number of policies an employer can chose to include in their handbook, there are a few that are must haves.
It seems like not that long ago “technology in the workplace” referred to fax machines and floppy discs, but things certainly have changed in the last 10 years. Smart phones, email, and wireless networks have revolutionized the way business is being done, but with these advances in technology come a whole new set of problems . . .
As an HR professional you are no stranger to paperwork. It seems that for every employment action – applying, interviewing, hiring, disciplining, on and on – there is a specific form that needs to be filled out. Making sure you complete the paperwork properly is only half the battle though. Once you finish completing a form, you are faced with a whole new issue: what to do with it. Being the smarty that you are, you know that proper documentation is key in protecting your company in the unfortunate case of a lawsuit, but knowing what needs to be kept where and for how long and who can see it can be kind of tricky. Let’s take a minute to go over the basics.
The impact of OSHA’s recordkeeping revisions on permissible post-accident drug testing.