As the new year kicks off, businesses are setting goals and individuals are contemplating new fitness resolutions. While the focus is often on personal well-being, it's equally important for employers to consider the health of their organizations, especially when it comes to potential lawsuits in the realm of labor and employment law. Here are three proactive strategies to help businesses save money for New Year’s resolutions by reducing exposure to expensive legal battles.

Prioritize Clear Employee Handbook & Personnel Policies

With ever-changing Federal, State, and local laws, handbooks and personnel policies should be reviewed for compliance with all applicable laws—no small feat, especially for multi-State employers and/or those with remote employees. Drug testing and leaves of absence are especially tricky in light of new State laws on marijuana use and leaves of absence for sickness and pregnancy. And to keep up with changes coming from the Federal and State level, employers should revisit their social media, dress code, and grooming policies—to name a few.

Ensure Leave Policies Comply with the FMLA

Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Employers must post a notice explaining the FMLA in a conspicuous place where employees can see it, and include information about the FMLA in their employee handbook or other written policies. Employers must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations. Employers should have their managers and supervisors trained so they can know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights. Employers should stay in touch with their employees on leave to monitor the employee’s status and expected return date, as well as to provide any updates on their benefits, pay, or job. Employers should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, employers should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.

Ensure Background Check Policies & Procedures Are Compliant

Employers conducting background checks—or those who use third-party providers to conduct such checks for them—also face challenges.  The Federal Fair Credit Reporting Act imposes strict notice and disclosure requirements on employers conducting background checks, and there are stiff penalties for violations of the law (up to $1,000), as well as exposure for class action lawsuits—Fair Credit Reporting Act violations tend to be Company-wide, leading to class action lawsuits and hundreds of thousands of dollars in damages. 

Some States and localities mandate additional requirements on employers’ use of background checks that go beyond the Federal requirements and impose added penalties.

Employers who outsource this work to third-party providers should remember they are not immune from liability and may be held ultimately responsible for any violations of Federal, State, and local background check laws by their provider.

Conclusion

As businesses set priorities for the new year, prioritizing preventive maintenance measures is a great way to start 2024 on the right foot. A proactive approach not only safeguards the organization but also contributes to creating a workplace environment that is legally resilient and supportive of both employers and employees. Employers implementing the above steps bring their business one step closer to elite legal shape.

Please feel free to contact us if you want assistance with these projects with the protection of attorney-client privilege.

 

As the new year kicks off, businesses are setting goals and individuals are contemplating new fitness resolutions. While the focus is often on personal well-being, it's equally important for employers to consider the health of their organizations, especially when it comes to potential lawsuits in the realm of labor and employment law. Here are three proactive strategies to help businesses save money for New Year’s resolutions by reducing exposure to expensive legal battles.

Prioritize Clear Employee Handbook & Personnel Policies

With ever-changing Federal, State, and local laws, handbooks and personnel policies should be reviewed for compliance with all applicable laws—no small feat, especially for multi-State employers and/or those with remote employees. Drug testing and leaves of absence are especially tricky in light of new State laws on marijuana use and leaves of absence for sickness and pregnancy. And to keep up with changes coming from the Federal and State level, employers should revisit their social media, dress code, and grooming policies—to name a few.

Ensure Leave Policies Comply with the FMLA

Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Employers must post a notice explaining the FMLA in a conspicuous place where employees can see it, and include information about the FMLA in their employee handbook or other written policies. Employers must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations. Employers should have their managers and supervisors trained so they can know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights. Employers should stay in touch with their employees on leave to monitor the employee’s status and expected return date, as well as to provide any updates on their benefits, pay, or job. Employers should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, employers should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.

Ensure Background Check Policies & Procedures Are Compliant

Employers conducting background checks—or those who use third-party providers to conduct such checks for them—also face challenges.  The Federal Fair Credit Reporting Act imposes strict notice and disclosure requirements on employers conducting background checks, and there are stiff penalties for violations of the law (up to $1,000), as well as exposure for class action lawsuits—Fair Credit Reporting Act violations tend to be Company-wide, leading to class action lawsuits and hundreds of thousands of dollars in damages. 

Some States and localities mandate additional requirements on employers’ use of background checks that go beyond the Federal requirements and impose added penalties.

Employers who outsource this work to third-party providers should remember they are not immune from liability and may be held ultimately responsible for any violations of Federal, State, and local background check laws by their provider.

Conclusion

As businesses set priorities for the new year, prioritizing preventive maintenance measures is a great way to start 2024 on the right foot. A proactive approach not only safeguards the organization but also contributes to creating a workplace environment that is legally resilient and supportive of both employers and employees. Employers implementing the above steps bring their business one step closer to elite legal shape.

Please feel free to contact us if you want assistance with these projects with the protection of attorney-client privilege.

 

As the new year kicks off, businesses are setting goals and individuals are contemplating new fitness resolutions. While the focus is often on personal well-being, it's equally important for employers to consider the health of their organizations, especially when it comes to potential lawsuits in the realm of labor and employment law. Here are three proactive strategies to help businesses save money for New Year’s resolutions by reducing exposure to expensive legal battles.

Prioritize Clear Employee Handbook & Personnel Policies

With ever-changing Federal, State, and local laws, handbooks and personnel policies should be reviewed for compliance with all applicable laws—no small feat, especially for multi-State employers and/or those with remote employees. Drug testing and leaves of absence are especially tricky in light of new State laws on marijuana use and leaves of absence for sickness and pregnancy. And to keep up with changes coming from the Federal and State level, employers should revisit their social media, dress code, and grooming policies—to name a few.

Ensure Leave Policies Comply with the FMLA

Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Employers must post a notice explaining the FMLA in a conspicuous place where employees can see it, and include information about the FMLA in their employee handbook or other written policies. Employers must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations. Employers should have their managers and supervisors trained so they can know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights. Employers should stay in touch with their employees on leave to monitor the employee’s status and expected return date, as well as to provide any updates on their benefits, pay, or job. Employers should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, employers should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.

Ensure Background Check Policies & Procedures Are Compliant

Employers conducting background checks—or those who use third-party providers to conduct such checks for them—also face challenges.  The Federal Fair Credit Reporting Act imposes strict notice and disclosure requirements on employers conducting background checks, and there are stiff penalties for violations of the law (up to $1,000), as well as exposure for class action lawsuits—Fair Credit Reporting Act violations tend to be Company-wide, leading to class action lawsuits and hundreds of thousands of dollars in damages. 

Some States and localities mandate additional requirements on employers’ use of background checks that go beyond the Federal requirements and impose added penalties.

Employers who outsource this work to third-party providers should remember they are not immune from liability and may be held ultimately responsible for any violations of Federal, State, and local background check laws by their provider.

Conclusion

As businesses set priorities for the new year, prioritizing preventive maintenance measures is a great way to start 2024 on the right foot. A proactive approach not only safeguards the organization but also contributes to creating a workplace environment that is legally resilient and supportive of both employers and employees. Employers implementing the above steps bring their business one step closer to elite legal shape.

Please feel free to contact us if you want assistance with these projects with the protection of attorney-client privilege.

 

As the new year kicks off, businesses are setting goals and individuals are contemplating new fitness resolutions. While the focus is often on personal well-being, it's equally important for employers to consider the health of their organizations, especially when it comes to potential lawsuits in the realm of labor and employment law. Here are three proactive strategies to help businesses save money for New Year’s resolutions by reducing exposure to expensive legal battles.

Prioritize Clear Employee Handbook & Personnel Policies

With ever-changing Federal, State, and local laws, handbooks and personnel policies should be reviewed for compliance with all applicable laws—no small feat, especially for multi-State employers and/or those with remote employees. Drug testing and leaves of absence are especially tricky in light of new State laws on marijuana use and leaves of absence for sickness and pregnancy. And to keep up with changes coming from the Federal and State level, employers should revisit their social media, dress code, and grooming policies—to name a few.

Ensure Leave Policies Comply with the FMLA

Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Employers must post a notice explaining the FMLA in a conspicuous place where employees can see it, and include information about the FMLA in their employee handbook or other written policies. Employers must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations. Employers should have their managers and supervisors trained so they can know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights. Employers should stay in touch with their employees on leave to monitor the employee’s status and expected return date, as well as to provide any updates on their benefits, pay, or job. Employers should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, employers should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.

Ensure Background Check Policies & Procedures Are Compliant

Employers conducting background checks—or those who use third-party providers to conduct such checks for them—also face challenges.  The Federal Fair Credit Reporting Act imposes strict notice and disclosure requirements on employers conducting background checks, and there are stiff penalties for violations of the law (up to $1,000), as well as exposure for class action lawsuits—Fair Credit Reporting Act violations tend to be Company-wide, leading to class action lawsuits and hundreds of thousands of dollars in damages. 

Some States and localities mandate additional requirements on employers’ use of background checks that go beyond the Federal requirements and impose added penalties.

Employers who outsource this work to third-party providers should remember they are not immune from liability and may be held ultimately responsible for any violations of Federal, State, and local background check laws by their provider.

Conclusion

As businesses set priorities for the new year, prioritizing preventive maintenance measures is a great way to start 2024 on the right foot. A proactive approach not only safeguards the organization but also contributes to creating a workplace environment that is legally resilient and supportive of both employers and employees. Employers implementing the above steps bring their business one step closer to elite legal shape.

Please feel free to contact us if you want assistance with these projects with the protection of attorney-client privilege.

 

As the new year kicks off, businesses are setting goals and individuals are contemplating new fitness resolutions. While the focus is often on personal well-being, it's equally important for employers to consider the health of their organizations, especially when it comes to potential lawsuits in the realm of labor and employment law. Here are three proactive strategies to help businesses save money for New Year’s resolutions by reducing exposure to expensive legal battles.

Prioritize Clear Employee Handbook & Personnel Policies

With ever-changing Federal, State, and local laws, handbooks and personnel policies should be reviewed for compliance with all applicable laws—no small feat, especially for multi-State employers and/or those with remote employees. Drug testing and leaves of absence are especially tricky in light of new State laws on marijuana use and leaves of absence for sickness and pregnancy. And to keep up with changes coming from the Federal and State level, employers should revisit their social media, dress code, and grooming policies—to name a few.

Ensure Leave Policies Comply with the FMLA

Employers have multiple obligations and responsibilities under the FMLA, as well as some rights and options to manage their workforce effectively. Employers must post a notice explaining the FMLA in a conspicuous place where employees can see it, and include information about the FMLA in their employee handbook or other written policies. Employers must also provide a written notice to each employee who requests or takes FMLA leave, outlining their specific rights and obligations. Employers should have their managers and supervisors trained so they can know how to recognize when an employee may be eligible for FMLA leave, how to respond to leave requests, how to document and track leave usage, and how to avoid interfering with or retaliating against employees who exercise their FMLA rights. Employers should stay in touch with their employees on leave to monitor the employee’s status and expected return date, as well as to provide any updates on their benefits, pay, or job. Employers should also inform them of any changes in their position or duties that may affect their reinstatement rights. However, employers should not contact them excessively or for reasons unrelated to their leave, as this may be seen as interference or harassment.

Ensure Background Check Policies & Procedures Are Compliant

Employers conducting background checks—or those who use third-party providers to conduct such checks for them—also face challenges.  The Federal Fair Credit Reporting Act imposes strict notice and disclosure requirements on employers conducting background checks, and there are stiff penalties for violations of the law (up to $1,000), as well as exposure for class action lawsuits—Fair Credit Reporting Act violations tend to be Company-wide, leading to class action lawsuits and hundreds of thousands of dollars in damages. 

Some States and localities mandate additional requirements on employers’ use of background checks that go beyond the Federal requirements and impose added penalties.

Employers who outsource this work to third-party providers should remember they are not immune from liability and may be held ultimately responsible for any violations of Federal, State, and local background check laws by their provider.

Conclusion

As businesses set priorities for the new year, prioritizing preventive maintenance measures is a great way to start 2024 on the right foot. A proactive approach not only safeguards the organization but also contributes to creating a workplace environment that is legally resilient and supportive of both employers and employees. Employers implementing the above steps bring their business one step closer to elite legal shape.

Please feel free to contact us if you want assistance with these projects with the protection of attorney-client privilege.