Employment Law Today Masthead
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April 18, 2006 — Volume 8, Number 2

AHI's Believe It Or Not
Nearly everyone has hummed along to Grammy-winning musician Carlos Santana's rock anthem: You've got to change your evil ways, baby. Well, in a "life imitates art" type of wrongful discharge lawsuit, a former personal assistant to Santana has alleged that he was forced to see a chiropractor identified as "Dr. Dan" to be tested for his "closeness to God." The assistant, who had worked for Santana since 1988 and risen to licensing director, claims he was told by Santana's wife that all prospective employees were "calibrated" by Dr. Dan. When he missed an appointment with the doctor in 2004, he was fired. The main legal issue: whether the arbitration provisions in the Santanas' policy handbook applied. 


IN THIS ISSUE:

1. Feature Story: iPods: Small In Size, Big In Workplaces

2. All The Right Management Moves: Looking Into A Workplace Accident

3. HR Soapbox: What If Terrell Owens Worked For You?



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1. FEATURE STORY:
IPODS: SMALL IN SIZE, BIG IN WORKPLACES

Over 40 million people worldwide own iPods, so there are bound to be a few owners of the music-playing device in your workplace (yourself included, perhaps). Maybe you've noticed an employee with the trademark white iPod "earbuds" in her ear. Or, you've heard an employee playing his iPod through a work computer. Some employers don't mind iPods and haven't done anything to keep employees from using them, but other employers are dealing with true concerns raised by these tiny devices.

Music To Their Ears, Not Yours

Some employees claim they work better when listening to their iPods because it blocks out background noise and helps them to stay focused. For those reasons, employers allow workers to listen, as long as their work is getting done and no one is complaining. Other employers, though, are increasingly concerned about the negative effects on communication, performance, safety, and security that iPods could have in the workplace.

  • Communications can break down between managers and employees, and among co-workers, because of the difficulty in getting an employee's attention while he/she is listening to an iPod through headphones. This sends the message, "Unless you have something really important to tell me, don't bother me."

  • If an employee plays an iPod through computer speakers, co-workers near that employee can find it disruptive, hampering their ability to concentrate.

  • Safety is a concern. Employees may miss alarms, warning signals, or shouts by co-workers informing them of potential harm.

  • Because of an iPod's capability to store files other than music, it poses security risks. The ease of transferring files from a computer to the device opens up networks to viruses, especially if an employee uses a work computer to download music or video files from an illegal source.

Tune Out Or Tone Down

You can make the rules for workplace iPod use simple. If your company prohibits the use of personal electronic devices, like Blackberries and cell phones, then ban iPods as well. If your company doesn't allow employees to listen to music at all, whether through a computer or radio, then not being allowed to listen to iPods should be obvious to them.

However, if employees are allowed to listen to music on their iPods, implement some general workplace rules to keep disruptions and risks at bay.

  • Employees may listen to music quietly at their desks, but the volume level must be kept low so that it does not block out voices or disturb co-workers.

  • Employees must not walk around the office, attend internal meetings, or meet with clients while listening to their iPods and wearing the headphones in their ears.

  • When discussing work-related matters with a manager, supervisor, or any other employee of the company, no matter how brief the exchange is, employees must remove their iPod headphones.

  • Use of the company's computers to download music and other files to iPods is prohibited.

Improving Workplace Discipline Practices
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Wednesday, April 19, 2006
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During this interactive, live session, you and your managers will learn:

Why you need to improve your approach to discipline
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How to properly investigate violations
How to review and ensure appropriate disciplinary decisions
Methods for effectively documenting disciplinary actions
Strategies for conducting legal discipline discussions that motivate
The procedures for legally terminating an employee

Visit our website to learn more or to register today!

2.

ALL THE RIGHT MANAGEMENT MOVES: LOOKING INTO A WORKPLACE ACCIDENT

Accidents happen. You never know when they will. But you should know the protocol for documenting and investigating...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the Free Report, "Striking The Perfect Privacy Balance," which provides you with practical insights on how to protect your company's interests without violating employees' privacy rights. You get steps for effectively monitoring employee usage of electronic equipment; suggestions for conducting legal workplace searches; and tips for implementing dress code, moonlighting, romance, and testing policies that won't trample employees' privacy rights.

3.
HR SOAPBOX: WHAT IF TERRELL OWENS WORKED FOR YOU?

Kick back, relax, and take a few minutes to check out the new HR Soapbox, "What If Terrell Owens Worked For You?" in which an editor talks about whether he thinks difficult employees, like the infamous football pro, are worth tolerating for the sake of great results.

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.
2005 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 over 700 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 six stand-alone modules: Avoiding Hiring Mistakes; Conducting Successful Performance Appraisals; Eliminating Disability Discrimination; Improving Workplace Discipline Practices; Preventing Sexual Harassment; and Strengthening Workplace Diversity.

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 © 2006 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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