Employment law is constantly changing. These changes can result from many sources including the legislature, various regulatory agencies and court cases. Accordingly, employers must keep up with these changes. This is especially important in Massachusetts in light of the implementation of certain provisions of the new health care law.
To avoid litigation, a comprehensive employee manual is a great way to start. But it’s only effective, however, if it is regularly updated to reflect the current laws and standards. A company audit is a great way to ensure that you are in full compliance.
Following are some steps in conducting a company audit:
- Put together an audit team including either in-house or outside counsel, a member of the Human Resource team and a fair representation of your companys mangers and employees.
- Any member of the audit team should be informed about the handling of confidential information.
- Start with your employee manual and carefully review it to make sure that it accurately reflects not only the current state of the law, but also the actual policies and practices occurring within your company.
- Inspect employee bulletin boards to assure that proper disclosure notices are posted.
- Determine if your companys policies are implemented consistently. If not, make a plan to do so.
- Remember that many lawsuits against employers can be traced to four distinct areas: hiring, employee evaluation, employee discipline or termination and post-employment. A careful review of how your company conducts itself in regard to these areas can help keep everyone on the same page.
The most important areas to target in this auditing session are:
- Occupational Safety and Health Act
- COBRA
- Employee Retirement Income Security Act
- Title VII of the 1964 Civil Rights Act
- Family and Medical Leave Act
- Americans with Disabilities Act
- The new Massachusetts Health Insurance Law
For more information or ideas on conducting an employment law audit, contact an employment law professional.
Employers are always told to create handbooks that contain their companies’ policies. What employers are not told is that if they are not careful, their handbook could be considered a contract, binding the employer to certain obligations. Since Massachusetts is an “At-Will” employment state, employers are encouraged to take steps to lessen the likelihood that their employment handbooks will be considered contacts.
In Massachusetts, a basic rule exists that all employment relationships are “at will.” In an “at will” employment relationship, either the employer or the employee may terminate the relationship whenever they choose.
Do have employees who call in sick repeatedly with the same medical conditions? There are ways to prevent your employees from taking advantage of you. You may require that an employee provide medical certification from a healthcare provider before allowing him to take leave for his own serious health condition or that of a spouse, sibling or child.
These days almost everyone has a cell phone, including your employees. Many consider their personal cell phones to be imperative for emergency communication and convenience. However, many of the extra features on today’s cell phones can create hidden dangers for employers.
When drafting an employee handbook or an employment contract, it is important to remember the legal requirements regarding time off for jury duty. Both Massachusetts and Federal law contain provisions governing the treatment of employees who are called to serve on a jury.
You should develop a comprehensive email and Internet use policy in concert with revising your employee handbook. Once the policy has been developed, the next step is to communicate it to your employees. Work with your network administrator to include an advisory each time an employee signs into the company system.
Recent case law suggests that employers may be liable for the conduct of their employees when they use the company’s email and Internet connection. For example, you may be liable for an employee disseminating pornographic material by email because it was generated from your location. Before you slide down a slippery legal slope, you might want to consider a few safeguards.
There are constant and ongoing changes occurring within employment law. These changes can result from many sources including the legislature, various regulatory agencies, or court cases.
Employers, make sure that your progressive discipline policy language does not inadvertently conflict with employees' at-will status. This may undermine your ability to terminate problem employees.