Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

January 9, 2007 — Volume 8, Number 18

AHI's Believe It Or Not
Admit it, the thought of playing a joke on your co-workers has crossed your mind. One employee put his thoughts into action. He carefully planted a bogus "winning" Powerball ticket under a newspaper in the company break room. An innocent enough prank. No laws were violated. No one got hurt, right? Not so fast. The employee was sentenced to a year of probation for forgery and tampering with public records, fined $2,500, and may have to pay the legal fees of the unsuspecting co-worker who was arrested after trying to redeem the fake $853,000 ticket. Who’s laughing now?

IN THIS ISSUE:

1. Feature Story: The Winter Season Can Be Frightful For Employers

2. Hanging Up On Harassing Phone Calls

3. HR Soapbox: What's That I Hear? Is It Laughing?!?



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1. FEATURE STORY:
THE WINTER SEASON CAN BE FRIGHTFUL FOR EMPLOYERS

Winter is barely a month old, and already some parts of the country have been walloped by snowstorms (read: the Plains). Yet other areas are experiencing Spring-like weather (read: Northeast and Midwest). Both weather conditions have contributed to employee absenteeism. Consider: In Colorado, major storms caused roads to shut down, so employees had trouble getting to work. Consider, too: Flu season typically spikes in February, according to the Centers for Disease Control. Many employees will either stay home, or claim they don't feel "that bad" and come to work, only to end up infecting their healthy co-workers.

With that in mind, check out these attendance issues related to the season of snow and sniffles. Then, make sure your organization is prepared for handling the employee whose car gets stuck in a snow drift; the employee whose wife got the flu from a co-worker and now he also has it; the employee whose child is home from school because it’s a snow day.

States of emergency: During major snowstorms, like the recent blizzards in the Plains, state government might declare a state of emergency and impose certain restrictions on travel. If travel is outright prohibited, you should not penalize employees for being absent.

However, travel is not always prohibited and employers are not always ordered to tell their employees to stay home. In those cases, you may penalize an employee for attendance policy violations.

If your company is forced to close, you have a pay dilemma on your hands. Non-exempt employees must be paid only for the hours actually worked. Consider, however, that through no fault of their own, those employees can’t work. So, instead of not paying them for the day, you could allow them to use vacation or other accrued, paid time.

As for exempt employees, the general rule is that they must receive their full salaries in any week they do work. However, you can require them to use accrued paid time.

The flu bug strikes: According to outplacement firm Challenger, Gray & Christmas, Inc., the flu season could cost employers $10 billion in paid sick time alone. That figure does not account for other problems, such as interruptions to workflow, decreased productivity, and missed deadlines.

Your company is stuck between a rock and a hard place: You don't want employees to be absent just because they have a runny nose, but you don’t want them showing up and getting everyone else sick, either.

To solve that dilemma, plan to allow employees to work from home in times of illness (or dangerous weather conditions). Then, they may return to work when a health practitioner gives them the OK or when they are feeling remarkably better (or when they can finally dig their cars out of the driveway).

Yay! Snow day!: When school is closed, but work is not, employees with school-age children often run into problems. They may not have a babysitter or have no accrued time off left in the bank.

Consider accommodating employee-parents in these situations by offering flexible scheduling. Allow them to arrive late and/or leave early to get the child to/from a childcare arrangement. If an employee is concerned about not being paid, see if allowing him/her to work from home is an option. If not, give the employee the chance to make up the lost work time during the other days of the week.

What's On Your Wish List?

Take a moment to share your answer with fellow HR pros on our Employment Law Talk message board and see how they responded.

What is the one wish you want your HR genie to grant?


Employee Handbook HazardsHave you reviewed your employee handbook lately?

If not, the next person reviewing it might be a disgruntled employee's attorney. We can help you prevent this from happening. AHI has teamed up with employee handbook expert Jim Collison to present a 90-minute audio conference:

EMPLOYEE HANDBOOK HAZARDS:
Spotting Mistakes And Omissions That Your Employees
Could Use Against You

Wed., February 7, 2007
1:00 PM Eastern Time


Register Today
Only $199 per phone line

2.

HANGING UP ON HARASSING PHONE CALLS

When employees receive harassing phone calls from outsiders, you may feel as though there is nothing you can do to stop them, since the calls aren't being made by an employee or on the premises. But when your employees are at wits end, they will...View the full story on our website.

FREE REPORT

Check out the new Free Report "Common Policy Writing Mistakes," which identifies four of the most common blunders employers make when drafting company policies and offers advice for avoiding these traps. Included are actual examples of what not to write — taken straight from actual company handbooks.

3.
HR SOAPBOX: WHAT’S THAT I HEAR? IS IT LAUGHING?!?

Kick back, relax, and take a few minutes to check out the HR Soapbox, "What's That I Hear? Is It Laughing?!?" in which an editor offers suggestions for injecting a little workplace fun into the new year.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

2005 Survey Of Traditional Time Off And PTO Program Practices2.
2006 Survey Of Traditional Time Off And PTO Program Practices

This national survey report gives you everything you need to benchmark your time off policies. You will learn how almost 800 organizations responded to over 25 key paid time off questions.

Workplace Compliance Training Series 3.
Workplace Compliance Training Series

This training program is simple to employ and gives you every tool you need to customize training to your organization's specific needs. The series includes seven stand-alone modules: Avoiding Hiring Mistakes; Conducting Successful Performance Appraisals; Improving Workplace Discipline Practices; Preventing Sexual Harassment (Supervisor and Employee Editions); Avoiding Workplace Retaliation Lawsuits; and Preventing Workplace Discrimination.

Employer's Guide To Record-Keeping Requirements4.
Employer's Guide To Record- Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2007 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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