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Tom Jones Employers Resource Group
Facilitated by:
Associated Industries of Massachusetts
Employee Handbooks 2015/2016
South Coast Resource Council
November 18, 2015
…..………………………………………………………………
www.aimnet.org | 800.470.6277
Getting Your Handbook Ready for Today and Tomorrow
Document designed to inform, educate, welcome employees
Drafted by the employer Reviews policies, practice rights responsibilities
for the workplace
Recent Developments
Areas where handbook policies must be reviewed and/or updated– Employment at will– Social media– Company email– Leaves of Absence
• Earned Sick Time (EST)• Domestic Violence (DV)• MA Parental Leave Act (MPLA)
– CORI– FLSA
Key Players in Any Handbook Discussion
NLRB –National Labor Relations Board– Section 7, ULP
U.S. DOL - Department of Labor– FMLA, FLSA
Key Players in Any Handbook Discussion
AGO - Massachusetts Attorney Generals Office– EST, DV, W&H
MCAD – Massachusetts Commission Against Discrimination – MPLA
Where to Begin
National Labor Relations Act (NLRA) New player in handbooks
At-will policy
Social Media
Company email
Confidentiality
NLRB and Handbooks
Employment At-will
NLRB & Section 7 – A rule will be found unlawful if employees would
reasonably construe the rule’s language to prohibit Section 7 activity
Section 7 of the NLRA means:
Employees have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities
At-Will Clause
Typical At-will clause says:
Your employment with ABC is voluntary and is subject to termination by you or ABC at will, with or without cause, and with or without notice, at any time. Nothing in these policies shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of ABC employees
At-Will Clause (Redux)
The … at-will policy may not be modified by any officer or employee and shall not be modified in any publication or document. The only exception to this policy is a written employment agreement approved at the discretion of the President or the Board of Directors, and the employee.
Social Media Policies
A policy establishing standards for employees who post content on the Internet either as part of their job or as a private person.
Social Media Policies
For instance
– Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.
– An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.
Company Email
Purple Communications
– Employees who have already been granted access to an employer’s e-mail system for work purposes have a presumptive right to use the e-mail system to engage in Section 7-protected communications about their terms and conditions of employment during non-working time.
– An employer may rebut this presumption only by demonstrating special circumstances that make a ban on non-business use of the system necessary to maintain production or discipline among its employees
Confidentiality
Limits on employee conversations are suspect Example of unlawful policy
– Do not discuss “customer or employee information” outside of work including “phone numbers and addresses”
Confidentiality
Example of a lawful policy– “You must not disclose proprietary or confidential
information about (Employer) if the proprietary or confidential information relating to the (Employers) associates was obtained in violation of law or lawful company policy.
MA Earned Sick Time
Adopted by voters in 2014 Applies to all employers <11 employees, unpaid >10 employees , paid Up to 40 hours per year Employees covered
EST (cont.)
Safe Harbor Policy (2015) Employers must adopt a policy as of 1-1-16 Employer Decisions
– Use existing policy– Notification– Accrual– Documentation
Other Leaves of Absence
MA Parental Leave– Up to 8 weeks of job protected leave
Domestic Violence Leave
Up to 15 days job protected leave Intermittent or at once UI benefit for DV
Overlapping Leaves
Employers should decide how to handle overlapping leaves– Example – EST can run concurrently with other
leaves– FMLA may run with WC, Sick, MPLA, possibly DV
CORI
Criminal records policy reminder– 5 or more CORI, must have a policy– Correct application
FLSA Classification Update
White collar regulations amendments 2016 release date Should have an employee classification policy
– Exempt– Nonexempt
Handbook Policy Questions
At-will disclaimer Avoid unnecessary promises Make sure you have all policies for that size
employer Multi-lingual
Handbook Policy Questions
Anti harassment AAP (if a federal contractor) Discretionary leaves (vacation, holidays,
bereavement, etc) Smoking, drugs, alcohol
Handbook Policy Questions
Discipline policy Termination Nepotism, fraternization Violence Monitoring
Sign-Offs
Sexual Harassment Conflict of Interest Ethics Non compete Non disclosure
Thank You
Associated Industries of MassachusettsOne Beacon Street, Boston, MA 02108
617-262-1180 or 800-470-6277www.aimnet.org