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Showing 27 posts in Employee Personnel Files.

Inclement Weather and Time Off Issues: To Pay or Not to Pay

November 14, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Fair Labor Standards Act (FLSA), U.S. Department of Labor

With winter closing in, the possibility of bad weather brings potential attendance issues to the forefront of our minds. Icy roads and snow storms in Kentucky often cause delays and closings of not only schools but also businesses. Of course safety is the primary concern for everyone in extreme weather conditions, but employers must think beyond the logistics of employees getting to work or staying home. Absences due to bad weather impact the productivity of a business, and raise questions regarding the calculation of pay and how an employee’s time should be tracked. These issues are further complicated when dealing with a mix of exempt and non-exempt employees, however the U.S. Department of Labor (DOL) does offer some guidelines to assist an employer in determining their rights and responsibilities when bad weather impacts employee attendance. More >

The Particulars of a Job: Description vs. Requirements

October 26, 2012
Posted In Employee Contracts, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement

In most cases the quality of the workforce determines the success of any business. As we discussed on Wednesday (10/24/12), there are five essential elements of a job description but there is a compelling need to focus specifically on requirements. A job description defines the duties, tasks and responsibilities of a position, creating a framework for hiring the right candidate. The description is used in marketing and promotion to attract new talent to the company. The requirements set the stage for digging deep into the details of the position and reflect the culture of the company.  They have emerged as the strategic details that can set the candidates apart and make it easier for HR managers to look for an employee to specifically match the employee’s long-term goals. More >

Five Essential Elements of a Good Description

October 24, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement, Wage and Hour

Most companies of any significant size have, and should have, written job descriptions for each of its employment positions.  The process of crafting these descriptions should start before the hiring process begins to fill positions, for good job descriptions are essential to identifying the various employee attributes needed by an employer. However, job descriptions historically are also one of the most widely used pieces of evidence in employment claims by plaintiffs.  For this reason job descriptions need to be well written and carefully crafted to mitigate the risk of creating a document that can be used against an employer later in court. More >

Social Media: The New Harassment Landscape Continued

October 12, 2012
Posted In Employee Misconduct, Employee Personnel Files, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

A recent government study uncovered that 23% of harassment victims were targeted through text messaging, email or other digital forms. Not so long ago, the only evidence human resources had to investigate in harassment claims were the face-to-face comments of the parties involved, making the truth sometimes difficult to determine.  With a digital trail of comments to follow, the investigation of harassment claims no longer relies on hearsay, recollection and “he said, she said” testimony, because nothing can refute written proof. More >

Social Media: The New Harassment Landscape

October 10, 2012
Posted In Communications Decency Act, Crisis Management, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Social Networking Online Protection Act (SNOP), Workplace Discrimination, Harassment and Retaliation

Social media is changing the landscape of the internal workplace, providing a new way for employees to socialize and interact with one another.  The online workplace is rooted in conversation which is casual, revealing and often deeply personal.  The direct connection of social media is akin to an invitation into your home. It allows co-workers to share in your personal life with an instant sense of closeness and propels the relationship forward quicker than a traditional office friendship. The boundaries of conduct can become easily blurred and potentially dangerous when this complicated overlapping of private and professional relationships intersect online. Whenever the parameters get ambiguous, the probability of inappropriate behavior occurring increases, creating a growing employer concern for protecting employees from the potential of social media harassment. More >

Workplace Politics: Cooling the Debates... Continued

October 5, 2012
Posted In Employee Contracts, Employee Misconduct, Employee Personnel Files, Employment Law, Workplace Politics

As discussions about the first Presidential debate swirl, we continue our discussion of politics in the workplace. More >

EMPLOYEE TERMINATIONS: A PRACTICAL CHECKLIST

October 3, 2012
Posted In Employee Contracts, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department

Terminating an employee is rarely, if ever, a comfortable process. Personal feelings - not to mention the concerns relative to potential legal ramifications of a termination -  often cause employers to retain an employee who should otherwise be terminated. The following guidelines include several of the most important practical tips to assist employers in the termination process and to help ensure that the employer is protected. More >

The evolving landscape of employee text-messaging privacy issues

September 21, 2012
Posted In Employee Personnel Files, Employment Law, Wage and Hour

On Wednesday we examined employee privacy rights in the context of work and personal email use.  In much the same vein, privacy laws surrounding employee text messages are an increasingly important concern to employers. Although personal phone calls are frequently addressed in company employment policies, the greater concern in our current smartphone culture is employee text messaging. The privacy laws surrounding employers’ ability to monitor and act on employees’ use of personal text messages are not well-developed and remain relatively unsettled. More >

Employee Manuals – Updating is the Best Defense continued…..

By Jaron P. Blandford on September 7, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies

Rolling out policy changes appropriately is a necessary part of updating policies. A company can write and update its manual and have the most effective policies ever, but if they are not presented to the workforce in the proper way, policies are ineffective and just another stack of papers on everyone’s desk. Whatever your detailed course of roll-out, from individual meetings to a company-wide email, you have to go beyond announcing policy changes. Get written acknowledgements from every employee on every change. It is often common practice to issue updates and send out each policy change-by-change, like an addendum to the manual every few months. This is necessary to keep your employees aware of the changes occurring in the workplace policies. However, all those loose papers might get lost in the minutia of daily business and never actually make it into an employee’s manual. So the reality is employees may not be operating with an updated version of the manual. Re-issuing the employee manual in its entirety is the best policy to ensure that employees have the most up-to-date version; once a year should be sufficient, unless significant changes occur. This can be a mitigating factor in unemployment hearings – if an employee was terminated because of a policy violation and the employee had notice and acknowledged changes to the policies and procedures, the company generally has a better chance of justifying the termination for misconduct. More >

Employee Manuals – Updating is the Best Defense

By Jaron P. Blandford on September 5, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Human Resource Department

An employer’s best defense to ever increasing employment claims is an employee manual, and more importantly an up-to-date manual.  If your company does not have a manual or has not updated its manual in several years, your company could be at risk.  Kentucky does not require that an employer have an employee manual.  However, the main advantage to issuing such a document is to create expectations and boundaries that are clear and consistent for your workplace. A good employee handbook goes further than merely outlining policies and procedures that pertain to conduct and safety in the workplace, it promotes positive employee relations. As well, adopting an employee manual substantially reduces the legal risks that often arise – especially surrounding discrimination, harassment or termination.  Even in an at-will state, a manual gives an employer more leverage with agencies, commissions and state boards who regulate employment concerns. A strong employee manual coupled with proper documentation of employee offenses safeguards against a “he said, she said” situation when serious issues arise. More >

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