Overview: Effectively managing employees requires many things from HR. Employee management has many areas of concern. First and foremost, it is critical to draft and implement employee handbooks as well as workplace rules and policies. This sets ground rules for employee conduct and behavior and ensures consistency and uniformity when faced with common workplace issues. With employers under constant scrutiny, it is important to maintain and enforce policies against employee discrimination and harassment and guarantee compliance with equal employment opportunity laws. Employers should also make sure that they know how to properly respond to employee request for leave and time off from work as well as evaluate employee performance and determine advancement and promotion opportunities.
Other challenges employers may be faced with when managing a workforce include monitoring employee activity while protecting the employee right to privacy, providing training to supervisors and employees at all levels, and communicating with employees regarding workplace issues, employer expectations and discipline.
Trends: Federal, state and municipal laws are expanding equal employment opportunity laws to caregivers, pregnant women, transgender workers and others. There is also a growing movement among the states to pass legislation aimed at combating workplace bullying and ensure a healthy workplace.
Further, with an increase in employee use of the internet and social media, there are two issues employers should be keenly aware of. There is a move for legislation to prevent employers from requiring that employees and applicants provide their user names and passwords to social media networks. Second, the NLRB has shown that it is willing to strike down common workplace policies regarding social media, employee communications, investigations and confidentiality claiming such policies interfere with the right of union and non-union employees to engage in protected concerted activity.
Author: Beth Zoller, JD, Legal Editor
The City of Tempe, Arizona recently passed an antidiscrimination ordinance that prohibits employment discrimination based on race, color, gender, religion, national origin, familial status, age, disability, US military veteran status, sexual orientation and gender identity. Tempe employers (with one or more employees), labor organizations and city contractors are covered by the ordinance.
Portland, OR employment attorney Kyle Abraham discusses the growing trend of paid sick leave laws applying to private-sector employers, as well as the distinction between paid family leave and paid sick leave, on a new XpertHR podcast.
The City of Newark Mayor Luis Quintana expressed his proud support of paid sick leave for "Newark's hard-working families." On January 29, 2014, Mayor Quintana signed into law a paid sick leave ordinance that will require Newark private employers to provide an eligible employee with paid sick leave.
XpertHR's Retail Resource Center for HR helps retail employers handle their most vexing employment issues by bringing relevant resources together in one place for easy access.
The Supreme Court has ruled that employees of private companies that contract with public companies are covered by the whistleblower protections found in the Sarbanes-Oxley Act of 2002 (SOX). The Court's ruling in Lawson v. FMR, LLC preserves the relatively broad interpretation of SOX's whistleblower provisions favored by the US Department of Labor (DOL).
XpertHR's High-Tech Resource Center for HR helps high-tech employers handle their most challenging employment issues by bringing relevant resources together in one place for easy access.
A 6th Circuit Court of Appeals case (Deleon v. Kalamazoo County Road Commission) suggests that a lateral transfer, even if initially requested by an employee, may be considered an adverse employment action under federal antidiscrimination laws when the terms and conditions of the transfer are inferior to what the employee originally sought.
This podcast examines the trend of paid sick leave laws and what they mean for HR with Portland, OR, employment attorney Kyle Abraham of Barran Liebman.
The use of social media in the workplace by both an employer and an employee is rapidly expanding as technology is evolving and becoming ever more present. As a result, an employer needs to understand how to develop effective social media policies and properly monitor employee use of social media.
California's Department of Fair Employment and Housing (DFEH) has published proposed regulations that would amend the current regulations to the California Family Rights Act (CFRA).
Legal considerations for employers regarding managing employees through HR. Employee management tips and support for the human resources professional.