Employee Handbooks

     An employee handbook is a crucial way for an employer to communicate with an employee effectively.  Employee handbooks allow employees to know what is expected of them, as well as describe the company's vision and goals.  Employee handbooks should also outline an employee's rights under the law.

Anti-Discrimination Policies
For instance, employee handbooks need to explicitly outline the company's anti-discrimination policies.  As an employer, the company must comply with the Equal Employment Opportunity laws regarding discrimination and harassment, along with applicable state laws.  

Non-Disclosure Agreement
Although non-disclosure agreements are not legally required, it may be a good idea to have an employee agree to a NDA if the company wants to protect trade secrets.  This also helps the employee know what is expected from him/her.

Compensation
It is always a good idea for employers to lay out how compensation is calculated, along with overtime pay and sick pay.  This way there is little confusion regarding how an employee is compensated.

Computer/Technology
With technology constantly evolving, it is important to outline for employees what the company's policies are regarding computer and technology usage.  For instance, an employer should want to limit computer and technology usage to only business related tasks.  With social media on the rise, it is also a good idea to outline the company's expectations regarding social media in the workplace.

Disciplinary Procedures
It is a necessity to outline disciplinary procedures in employee handbooks.  This allows employees the ability to understand the disciplinary process, as well as for employers to have a guideline regarding certain types of misconduct.  

Safety Policies
It is always a good idea to describe the employer's mission to provide employees with a safe and secure environment in compliance with OSHA.  Safety policies also should discuss what employees should do in hazardous weather conditions.

The above is non-exhaustive list of some of the clauses that can be included in an employee handbook.  If you need assistance drafting or interpreting an employee handbook, please contact Ambuter Law.

Litigation vs. Arbitration

     Arbitration clauses are becoming more and more prevalent in contracts, as well as in terms of accepting employment.  What are the pros and cons of arbitration?  Look below to find out.

Pros:
1)  Speed.  Arbitration can take as little as 60 days if it is a case that involves less than $75,000.00.  Litigation, on the other hand can take anywhere from 9 months to over a year if the case is continued.

2) Cost.  Since arbitration takes less time than litigation, the costs involved are substantially less.  Also, arbitration only allows a limited amount of discovery, also the costs involved. 

3) Arbitrator v. Judge.  In arbitration, the arbitrator is usually an individual who has specialized in the type of law that the arbitration involves, or has a large breadth of knowledge on the topic.  On the other hand, judges may not know a lot about the type of case being presented, and therefore may not make as much of an informed decision that an arbitrator would.

4) Confidentiality.  Usually an arbitration is private, and the dispute itself and the terms of any agreement are kept private and confidential.

Forum.  Arbitration can agreed to be held in any location, even if the act occurred elsewhere.

Cons:
1) Discovery.  In arbitration, there is a limited amount of discovery.  While this can keep costs down, it also can limit the ability to prove your case.

2) Appeal.  In arbitration, you cannot appeal your case.  Once a decision is made, it is binding and appeals are not allowed, unlike in litigation. 

If you have a question regarding an employment situation, please contact Ambuter Law for a free case evaluation.

Occupational Safety and Health Act (OSHA)

     OSHA was enacted in 1970 to ensure safe working conditions for all American workers.  OSHA requires employers to provide hazard free working conditions and imposes harsh penalties on those who fail to do so.

     OSHA has four main provions:

1. Compliance:  Employers must comply with OSHA standards, or if they are in a state plan state, by the state agency.
2. Safety:  Employers must keep their workplace free of recognized hazards.
3. Inspection:  Employers must submit to OSHA inspections.  If they are in a state plan state, then they must submit to OSHA approved state inspectors.
4. Employee Rights:  OSHA gives employees the right to request information about workplace hazards, refuse to work in hazardous environments, and get involved in workplace safety issues without fear of employer retaliation.

      Also, employers must maintain accurate records of all work-related accidents and diseases, as well as inform employees of their protections and duties under the law.

Regulated Employers:
     OSHA covers virtually all private businesses, regardless of size, as long as they employ at least one person and are located in one of the 50 states, the District of Columbia, and other U.S. territories. 

Covered Workers:
     OSHA applies to any employee of a covered employer, regardless of the employee's title, status, or classification.  OSHA does not apply to independent contractors.

How OSHA is Enforced:

1. Individual Complaints:  Employees can complain to OSHA, or to the OSHA approved agency if they live in a state plan state.
2. Agency Enforcement:  Except in state plan states, OSHA (the act itself) is enforced by OSHA, a division of the Department of Labor.  In state plan states, the law is enforced by an OSHA approved state equivalent.

For more information, please visit the Department of Labor website.

If you are working in a hazardous and unsafe workplace, please contact Ambuter Law for a free case evaluation.

Social Media Workplace Laws

     In 2012, six states passed legislation regarding social media in the workplace.  These states are: California, Delaware, Illinois, Maryland, Michigan, and New Jersey.  These states have made it so employers are not legally allowed to ask their employees for passwords for personal internet accounts, i.e. email, banking and social networking sites, etc. in order for that employee to keep his/her job.

     In 2013, three more states passed legislation regarding social media in the workplace.  These states include New Mexico, Utah, and Arkansas.

     Some states have similar legislation to protect students in public universities and colleges from having to grant access to their social media accounts.

For more information regarding social media laws in the workplace, please visit the National Conference of State Legislatures.

If you are the victim of discrimination or harassment in the workplace, please contact Ambuter Law.

FMLA vs. Short Term Disability

     I have had many clients ask me what is the difference between FMLA and short term disability.  I  have also had clients ask me if they can take FMLA and short term disability concurrently.  The answer to the latter is:  yes. 

     FMLA provides job security, but no compensation for lost wages.  If you decide to take FMLA and not short term disability concurrently, your job will be secured while you are on leave.  However, you will not be entitled to lost wages while you are on leave.  However, if your employer offers short term disability, you can take the short term disability concurrently with FMLA and receive compensation during the time that you are out.

     How is leave under the FMLA decided?  Whether you are granted leave under the FMLA is determined by your employer.  You must provide your employer with your medical condition, as well as a doctor's note supporting your leave request.  Once you put your company on notice of your FMLA request, your doctor will  be required to submit an FMLA certification form.  If your employer grants you FMLA, you are eligible to take leave for a period of twelve (12) weeks. 

     How is short term disability decided?  Whether you are granted short term disability is determined by your employer's disability insurance carrier.  Inform your employer's Human Resources' department that you are requesting short term disability, and they or the insurance carrier should provide you with the appropriate paperwork.  Usually you will be providing the same type of information for short term disability that you would be for FMLA.

If you have questions regarding your FMLA rights, please contact Ambuter Law.

At-Will Employment

     What is employment-at-will?  At-will employment is defined as employment where an employer can terminate an employe at any time for any reason, except an illegal one, or for no reason without fear or incurring any liability.  The same works for the employee.  An employee is free to end his/her employment for any reason without fear of incurring any liability or adverse legal action.  Also, under at-will employment, an employer is free to change the terms of employment, such as wages or job responsibilities, with no notice and no consequences.

     At-will employment can be modified by an employment contract.  A contract may provide for a specific term of employment, or specify that employment may be terminated only for cause. 

     Many states also have common law exceptions to at-will employment.  Those exceptions include public policy, implied contract, and implied covenant of good faith.  However, these exceptions do not apply to Florida.

For more information on at-will employment, please click here.

If you have any questions regarding at-will employment, please contact Ambuter Law.

What does "Right to Work" Mean?

     What does it mean to live in a "Right to Work" state?  What it means is that gives the right of every American to work without being compelled to join a union.  It also means that unions cannot require workers to pay full dues even if they are working in a union shop.  Employees who were part of a union and wish to cancel their union membership are allowed to do without penalty or fear of losing their job.  However, nonunion employees who are represented by unions when filing grievances are responsible for paying unions for the portion of time spent representing them.  There currently are 24 "Right to Work" states.

     "Right to Work" is not to be confused with "At Will" employment.  

If you have any questions regarding Florida's "Right to Work" law, please contact Ambuter Law.