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PRODUCTIVITY

Technical issues and too many participants are biggest virtual meeting pet peeves

November 28, 2020 by

Have you had about enough of video meetings? If so, you’re not alone. A new study by global staffing firm Robert Half shows video calls may be wearing on workers. Almost three-quarters of professionals surveyed (72 per cent) said they participate in virtual meetings. Those respondents reported spending about a quarter of their workday (24 per cent) on camera with business contacts or colleagues. In addition: 44 per cent said they’ve experienced video call fatigue since the start of the pandemic. 59 per cent said video calls can be helpful but are not always necessary. 22 per cent noted that the practicality and novelty of video conferencing has worn off over the past eight months. 15 per cent confirmed they find virtual meetings inefficient and exhausting and prefer to communicate via… . . . read more

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CYBERSECURITY

Disinformation endangers your company, not just democracy

November 24, 2020 by

By Doug Striker bio Did you hear about the rumor that COVID-19 was spread by mobile devices using the 5G network? It sounds so insane and far-fetched that no one would believe it, right? I mean, how in the world would a virus travel through a cell phone frequency band, into a cell phone or tablet, and then out of the device into a person’s body? But thanks to social media, fake news sites set up by bad actors, and Average Joes (like you and me) who click that “share” button all too readily, the rumor spread like wildfire, gaining so much traction that people were literally lighting cell phone towers on fire around the world. Why would someone spread such nonsense? And when I say “someone,” I not only… . . . read more

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MANAGING THE OFFICE

Renting out extra space? Set up protective walls to avoid risk

November 24, 2020 by

With more law firm employees working from home during the pandemic, a firm may find itself living in too much space—and paying too much rent. One solution is to bring in a tenant. Usually the renter is a solo practitioner or a small firm, and the arrangement is good for everybody, because the firm collects the rent and the renter gets the amenities as well as the appearance of an association with the larger group. From a risk perspective, however, it’s a cause for concern. The firm has to look past the financial benefits to the danger spots. It has to think like a landlord and get signed documents and insurance policies. And more, it has to set up protections against the disasters specific to a law firm/law firm lease… . . . read more

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COVID-19

Our employees may stage a Thanksgiving rebellion

November 23, 2020 by

By Lynne Curry bio Question: I overheard a breakroom conversation last week and learned several employees were planning to get together with extended families for Thanksgiving. One employee was letting another know that if she didn’t “have any place to go,” she could join their family gathering. I honestly couldn’t believe this given the uptick in COVID-19 in our community, so I decided to call an all-hands meeting. I held the meeting in the downstairs lobby so we could physically distance. I started with the Center for Disease Control (CDC)’s guidance that we celebrate virtually or within our household. I added that the CDC specifically says those who don’t currently live in our household, even if family members, need to be viewed as members of different households. I reminded everyone… . . . read more

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EMPLOYMENT LAW UPDATE

How HR regulations could change under Biden administration

November 20, 2020 by

By Mike O’Brien bio Employers may be wondering how a Biden administration will affect workplace laws. Prior to the election, Biden’s campaign website gives some clues as to his priorities in this area. Biden lists the failure to pay minimum wage and overtime pay, forcing off-the-clock work, and misclassifying workers as problems resulting in billions of dollars a year in wage theft. To address those issues, he proposes a phased-in implementation of a $15 per hour federal minimum wage (including eliminating the tip credit). He also supports the adoption of a more stringent test for classifying workers as independent contractors, similar to the ABC test employed by California. This type of test would almost certainly result in many more workers being deemed employees and fewer being properly classified as independent… . . . read more

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WORKPLACE SAFETY

Can we use a contact tracing app to protect our business and employees?

November 20, 2020 by

By Lynne Curry bio Question: Every morning we conduct wellness checks on our employees as they arrive at work, but worry that some employees don’t monitor physical distancing when not at work. We’re barely hanging on as a practice, but all it would take is one employee getting COVID and infecting our other employees to shut us down. We have heard apps can provide real-time contact tracing and wonder if we can require our employees to wear them even when not at work? Answer: Potentially. According to the Occupational Safety and Health Administration, employers must act to reduce and manage COVID-19-related hazards in the workplace. Employers can view video surveillance that shows when employees clock in and out and reveal an employee’s interactions while at work. Employers can provide employees… . . . read more

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TOOL

Model Substance Abuse and Fitness for Duty Policy

November 11, 2020 by

Workplace substance abuse remains a major challenge for law offices. Although sound in principle, the traditional zero tolerance policy is ill-suited to the legal complexities of the modern world. This is especially true in states that have legalized marijuana. You can still take a clear and firm line on employee drug and alcohol abuse for the purpose of health and safety. But the policy also has to exhibit finesse and sensitivity to legal subtleties. One of the best ways to create an enforceable policy is to base it not on the legality of substance abuse but the undisputable fact that it renders employees unfit for duty to the detriment of safety. Here’s a Model Policy you can adapt.

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COMPLIANCE

How to Create a Legally Sound Substance Abuse Policy

November 10, 2020 by

Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot be tolerated isn’t so much that it’s illegal, but because it renders employees unfit to do their job. In addition to undermining the productivity you’re entitled to expect from your employees, this unfitness for duty may pose a health and safety dangers to not only the employee who’s high but others in the office. Here are 14 things to include in your Substance Abuse and Fitness for Duty Policy, along with a… . . . read more

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EMPLOYMENT LAW UPDATE

The workplace in 2020: political talk, COVID-19 violence, executive order

October 24, 2020 by

By Mike O’Brien bio Don’t forget labor relations rules when employees talk politics at work During this contentious election season—with a highly polarized American electorate—many employers may be grappling with problems arising from workplace political discussions. Research by the Society for Human Resource Management (SHRM) has indicated that more than a quarter of workers report regularly talking about politics at work. Disputes and tension often result. Employers wishing to regulate political speech at work should remember that the National Labor Relations Act (NLRA) may affect their options. Although employees often assert that they have a First Amendment right to free speech, this is a misconception. The First Amendment restricts government action, not that of private employers. However, Section 7 of the NLRA gives employees the right to talk to each… . . . read more

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TOOL

Model waiver of COVID-19 infection liability sign to post at your law office

October 21, 2020 by

As long as COVID-19 remains a threat, you run the risk of being sued by clients, vendors, guests and other visitors (“visitors”) who claim they contracted the virus at your office facility as a result of your inadequate safety measures. One way to limit liability is by conspicuously posting a sign at the entry of your facility indicating visitors’ agreement to waive their rights to sue you for COVID-19 infections by entering the office. Although there’s no guarantee that a court would enforce such a waiver, the Model Sign below uses fairly conservative language that has been found to be enforceable in other situations. Caveat: The inclusion of the phrase purporting to insulate you against your own negligence in Sections 3 and 4 is fairly risky and you may want… . . . read more

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