HR Tips
HR Policies and Procedures: Do I need them? Truth is, if you have employees you need policies and procedures. Employees need boundaries to function properly. However, good policies and procedures take into account more than just rules and boundaries, they also take into account the people and their skills. Your business no doubt attracts a certain type of individual and therefore will need policies and procedures that produce the right results for those individuals.
Employee Handbooks: Why is an Employee Handbook necessary? A well written handbook will lay out for all employees the expectations of the work place as well as the worksite rules. Beware though, once a handbook is put in place you'll have to follow it.
Altering Time Cards: And employee time card is an official record. Altering one can cost you personally.
Work Day Hours: Is it okay to expect an employee to work from 8 to 5 for eight hours of pay and work at their desk through lunch? Simply no it's not. If an employer expects a non-exempt employee to work a 9 hour day they are required to track the hours accordingly and compensate the employee for overtime according to federal and state laws.
Safety Regulations: Willful violation of the Federal Occupational Safety and Health Act of 1970 (OSHA) is punishable by a minimum civil penalty of $5,000 with the possibility of up to $70,000 in fines for each violation. In addition, there may also be more strict state requirements to adhere too. For more information go to http://www.dol.gov/compliance/guide/osha.htm
Workers' Compensation Coverage: Every state has different rules pertaining to who has to be covered and who does not. For the best advice consult your state's Insurance Department.
Garnishment of Wages: There are a whole welter of laws regarding how much can be withheld from an employees paycheck and what has priority over what. An employee may be subject to numerous garnishments, and the employer is most always stuck in the middle. Every new garnishment case will contain very specific conditions on how much may be withheld and how much money the employee is entitled to take home. Be certain to read the entire court order before taking action.
Retaliation Claims: Even if you are not covered under Title VII, you may still face retaliation claims under Section 1981 of the Civil Rights Act of 1966 as well as under the section of the Age Discrimination in Employment Act that applies to the federal sector. Filing under these Acts gives employees more time to bring claims against you and under these provisions there is no limit on damages.
Litigation: We live in a society where people tend to react before they think. Now more than ever is the time to be surrounded by HR professionals that understand the labor issues that impact your business and can help prevent litigation before it happens.
Corporate Liability: "Although courts have not imposed personal liability under federal nondiscrimination laws, such as Title VII, liability has been imposed under other federal laws, such as the Family and Medical Leave Act and the Fair Labor Standards Act (FLSA). Personal liability has been imposed as well under state nondiscrimination laws and state wage and hour laws." "An increasing number of state and federal courts are holding corporate officers, executives and managers personally liable under federal and state employment laws. Individual executives can personally be on the hook for millions of dollars"...
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