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Policies and Procedures

Riffing on the Right Way to do Workforce Reductions

October 21, 2013
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Done poorly, RIFs open employer to widespread claims of discrimination that can prove more difficult to defend than the savings the employer hoped to realize from the layoffs.


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Smoking Out the Law on e-Cigarettes in the Workplace

October 18, 2013
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Laws that prohibit smoking in the workplace are a floor, not a ceiling. You are free to ban e-cigarettes in your workplace, and should consider doing so.


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Fired for Posing for Playboy? Or, How Does an Employer Prove a Negative?

October 7, 2013
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Proving a negative is the most difficult position for an employer, and, often, the most expensive for an employer to defend.


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Must You Pay Your Employees for Civic and Charitable Work?

October 2, 2013
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Before you send that next email or memo requiring employees’ presence at a charitable event, don’t, unless you want to pay employees for their time.
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What Kanye West Can Teach You About Employee Relations

September 30, 2013
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Social media has the ability to turn a forgotten event into a viral nightmare. Certainly there are instances when you will have no choice but to fire someone for something posted online.
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Alternate Complaint Avenues and Harassment Prevention

September 26, 2013
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A effective anti-harassment policy provides multiple avenues for an employee to complain. Otherwise, an employee will feel powerless if the person to whom a policy directs her to complain also happens to be the alleged harasser.
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The Biggest Pitfall of Social Recruiting

September 25, 2013
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Don’t let anyone in the chain of hiring view candidates’ social media profiles. Train an employee who is insulated from the hiring process to do your social media searches.
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Employee Fired for Instagramming Paycheck. Is This Legal?

September 24, 2013
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Employees have an absolute right to discuss with each other how much they make. It is illegal to have a policy that prohibits wage discussions, or to fire an employee for engaging in such discussions.


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Your Company’s Personnel Files Are Not Your Employees’ Personal Property

September 17, 2013
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It is critical that you have a policy establishing rights and expectations in relation to personnel files.
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Bathroom Breaks Do Not Equal Breaks in Pay

September 12, 2013
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Treating your employees like tagged wildlife — tracking and recording their every move within the workplace — will create an work environment of distrust and apathy. Instead, you should treat all employees like professionals, and address performance-based issues as they arise.
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