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, … [Read more...] about Our employees may stage a Thanksgiving rebellion
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How HR regulations could change under Biden administration
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 … [Read more...] about How HR regulations could change under Biden administration
Can we use a contact tracing app to protect our business and employees?
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 … [Read more...] about Can we use a contact tracing app to protect our business and employees?
Model Policy: Substance Abuse and Fitness for Duty
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 … [Read more...] about Model Policy: Substance Abuse and Fitness for Duty
How to create a legally sound substance abuse policy
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 … [Read more...] about How to create a legally sound substance abuse policy
The workplace in 2020: political talk, COVID-19 violence, executive order
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 … [Read more...] about The workplace in 2020: political talk, COVID-19 violence, executive order
Model waiver of COVID-19 infection liability sign to post at your law office
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 … [Read more...] about Model waiver of COVID-19 infection liability sign to post at your law office
Model visitors’ waiver of COVID-19 infection liability form
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 as a result of your inadequate safety measures. One way to limit liability is having visitors sign a form agreeing to waive their rights to sue you for COVID-19 infections before entering the office. … [Read more...] about Model visitors’ waiver of COVID-19 infection liability form
Using waivers to avoid getting sued for COVID-19 infections
In these times of pandemic, signs and forms like this purporting to shield the owner of a facility against liability have become a fixture in workplaces and other facilities. You might even be using them at your own office. The idea is to notify clients, vendors and other visitors (which, for simplicity’s sake, we’ll refer to collectively as “visitors”) that they’re entering … [Read more...] about Using waivers to avoid getting sued for COVID-19 infections
Contractors, COVID and stereotyping on HR radar
By Mike O'Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, … [Read more...] about Contractors, COVID and stereotyping on HR radar