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Surviving An OFCCP Compliance Review ( October 2005 )
The frequency of compliance reviews by the Office of Federal Contract Compliance (OFCCP) is increasing for the nation's construction contractors performing federal or federally assisted work. The OFCCP typically first requests a desk audit, requiring the contractor to send its affirmative action materials to the OFCCP for review. Not every government contractor is required to have a written affirmative action plan. -
Sword or Shield? Using Employee Handbooks ( May 2006 )
With the incoming new year just around the corner, many employers will be "rolling out" new or revised policies and employee handbooks. For many reasons, this timing makes sense. For those considering implementing a handbook for the first time, or those who have not revised their existing handbook in several years but realize the need to do so, the following article is for your consideration. -
Ring in the New Year with an Updated Employee Handbook ( December 2004 )
Employee handbooks serve to communicate personnel policies, workplace rules, benefits, and work standards in an integrated manner. Handbooks provide supervisors and HR personnel with a reference guide for implementing and enforcing company policies and rules. The proper use of handbooks contributes to uniform, consistent, fair treatment of em-ployees. -
First Circuit Provides Guidance to Employers Who Wish to Communicate Contractual Arrangements to Their Employees ( August 2005 )
Calling it a "close case," the First Circuit deemed the employer's notice of a new arbitration policy insufficient to bind the employee to arbitration when he brought a claim under the ADA. The court's analysis, however, provides guidance to employers on providing adequate notice via e-mail. -
How Not to Hire Employees from a Competitor ( May 2005 )
A recent million dollar plus judgment highlights the importance of hiring people for their skills and not for their confidential business information especially when hiring employees working for direct competitors. -
With identity theft on the rise, Michigan becomes the first state to enact legislation requiring that every employer maintain a policy for safeguarding employee social security numbers. During the same time frame, a Michigan Court of Appeals became the first appellate court to allow the victims of identity theft to recover damages from an organization that failed to adequately safeguard personal information that was subsequently used for identity theft.
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Avoiding An "Implied" Employment Contract Or Drafting A Favorable One: A Primer ( March 2005 )
Employers sometimes inadvertently create employment contracts. This type of contract is implied by the employer’s actions and is binding on the employer - though it may be difficult to prove. Because an implied employment contract may arise during any communication with a potential new hire or employee, it is essential that all employers consider the implications and possibility of creating a binding contract when communicating with potential and existing employees. -
Despite Victory for Employer, NLRB Decision Reminds Employers That Improper Handbook Language Can Overturn Election Results ( February 2005 )
Although declining to overturn the results of a representation election in Delta Brands Inc., the NLRB's decision serves as a warning to employers that the Board will continue to scrutinize workplace policies and rules contained in employee handbooks. -
Legal Department Priorities and Time Allocation: Who's In Charge? ( June 2004 )
The slogan that corporate counsel live by is: THE COMPANY IS THE CLIENT. But with several--and oftentimes different--interests at the company, which particular party sets the company's legal priorities?
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