EMPLOYMENT PRACTICS UPDATE

EMPLOYMENT PRACTICS UPDATE MIRMA SPRING TRAINING 2014 Presented by Jane drummond FIVE MOST COMMON EMPLOYEE HANDBOOK MISTAKES

Common Handbook Mistakes #1: THE FAILURE TO HAVE ONE • MHRA Implications • Leeper v. Scorpio Supply IV, LLC, 351 S.W.3d 784 (Mo. Ct. App. 2011) • FMLA Implications • Notice requirements • FLSA Implications • Good place to designate workweek and address comp time policy • At will implications

Common Handbook Mistakes #2: COPIED IT FROM THE INTERNET • Knowledge/trust in the source? • State laws vary • Relevance • Comport with your practices?

Common Handbook Mistakes #3: ELF ON A SHELF • Doesn’t help if you don’t know it and use it • Both in practice and during a lawsuit • Practices change from learning experiences; handbook should, too • Should be reviewed and updated at least annually

Common Handbook Mistakes #4: ACKNOWLEDGMENTS?? • No need to over acknowledge • Should sign off on most important policies • Discrimination/harassment/conduct • Comp time • At-will provision • But don’t “under” acknowledge • Make sure employees have time to read and ask questions

Common Handbook Mistakes #5: POORLY WORDED DISCRIMINATION POLICY • If “unlawful” conduct is the standard, setting up for employees to report only when conduct becomes unlawful • Use a stricter standard • Don’t want all conduct that violates the policy to also violate the law • Multiple avenues for reporting • Train employees on yourpolicy • Make sure you include both federal and state law

Common Handbook Mistakes #6: WHO HAS A COPY? General acknowledgements Handling updates Annual review

Common Handbook Mistakes Questions?

EMPLOYMENT PRACTICS UPDATE