We’re currently monitoring the Federal Trade Commission’s proposed rule that would ban the use of noncompete agreements with workers nationwide, including with independent contractors. If the rule becomes final, existing noncompete agreements will have to be rescinded within 180 days, and employers will have to send individual notices to their current and former workers that the noncompete is no longer in effect. The proposed rule is expected to be widely challenged, but it’s definitely one to keep an eye on.
Everyone we talk to is struggling to hire new employees. Among other hiring challenges is the question of whether your job description should disclose the pay range for the position. As legal counsel, we’re not here to wade into the debate over whether it’s more equitable to disclose a pay range (it is*) or whether you’re in a better bargaining position if you require candidates to disclose first. But we do want to make small businesses and nonprofits aware of the changing legal landscape.
Increasingly, states and local governments are passing pay disclosure laws requiring employers to share either the minimum level of compensation for the position or a pay range.
This week we continue our series on Essential HR Policies. Places of business that have a particular standard of appearance (or a dress code) for employees should have these standards in writing. This can be a sensitive area that often invites claims of discrimination—especially if some employees are allowed to bend the rules. It’s crucial that you have sound business reasons for your business’s particular employee dress and appearance policies.
Employment classifications...probably not the most exciting section of your employee handbook. But how you classify the people who work for your small business or nonprofit impacts everything from tax withholdings to access to benefits and even which employment laws apply to which workers. Whether you are new to putting together employment policies, or it’s time to dust off and update some old policies, there are some common mistakes we see employers make when it comes to employment classifications. This week, we continue our series on Essential HR Policies by looking at employment classifications--what are they, why do they matter, and what are some common mistakes to avoid?
In the midst of an ongoing pandemic and all of the questions it’s raised for employers, especially small business employers,* you may have missed a new Ohio employment law that’s about to take effect. The governor recently signed the Employment Law Uniformity Act into law. As an employer, what do you need to know about this new law? What steps should you take to protect your business or nonprofit in light of these changes?
Hiring employees is often an exciting time for small businesses and nonprofits. But not every new hire will turn out to be a great fit for your organization. Perhaps an employee’s performance simply isn’t up to par. Or an employee commits a major violation of some company policy. Or maybe an employee keeps repeating the same relatively minor infraction over and over again (like spending a little too much time texting while working). Regardless of the size of your business, at some point, managing people means having some tough conversations.
Perhaps you’ve already tried dropping not-so-subtle hints to get an employee back on track. When less formal measures don’t seem to be working, it’s time to turn to more formal disciplinary policies and procedures for addressing employee misconduct. Your employee disciplinary policy is not about becoming a stereotypical corporate overlord and ruining the collegial environment that makes working for a small businesses or nonprofit so appealing. Instead, having a formal disciplinary policy is all about maintaining your organization’s standards in a way that is fair and maintains morale, all without getting you and your company into legal trouble.
Most of us now have access to the internet 24/7 no matter where we go or what we should really be doing with that time. And that includes your employees.
You want employees to spread the word on social media about your great products or services, but you don’t want an employee to say the wrong thing and spark a public relations crisis.
You want your employees to work hard and be productive, but you don’t want to micro manage how they spend every single working moment.
You want to be known as a great place to work, but you don’t want your employees to take every grievance with management to the court of public opinion.
How should your HR policies address these issues? What do you tell your employees about their use of the internet, email, and social media while working for your organization?
Small businesses and non-profits have had a lot to worry about this year. Not surprisingly, many small business owners and non-profit directors have been asking about ways to protect themselves from lawsuits related to COVID-19. Will a customer or employee try to sue us if they get COVID? Will a waiver protect us from this type of litigation?
In response, the Ohio General Assembly passed H.B. 606 “to make temporary changes related to qualified civil immunity for health care and emergency services provided during a government-declared disaster or emergency fund and for exposure to or transmission or contraction of certain coronaviruses.” So what does this mean for small businesses or non-profits who are wondering about their potential liability if someone claims they were exposed to COVID-19 at your place of business? And what other liabilities are out there waiting to trap the unwary?
This week we continue our series on Essential HR Policies with a look at time off and paid leave. As a small business or non-profit, you might be worried that giving your employees paid time off is simply too expensive. On the other hand, you fear that you won’t be able to compete for the best talent if you don’t offer the kind of time off and paid leave policies that are offered by much larger corporations. And these fears are compounded by not knowing what the law actually requires versus simply wanting to be a great place to work.
This week, we continue our series on Essential HR Policies by taking a closer look at what should be in your employment files.
Common Record-Keeping Mistakes
Most of our clients run their business or non-profit because they are pursuing a passion, not because they enjoy record-keeping. But failing to keep thorough and accurate payroll records makes it impossible for you to complete timely and accurate tax filings (including issuing W-9s or 1099s at the beginning of the year) which can expose you to penalties and late fees. And the lack of records means you can’t defend your organization from claims of unpaid wages, salary, or overtime.