Tom Jones Employers Resource Group

Facilitated by:

Associated Industries of Massachusetts

Employee Handbooks 2015/2016

South Coast Resource Council

November 18, 2015

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www.aimnet.org | 800.470.6277

Getting Your Handbook Ready for Today and Tomorrow

Document designed to inform, educate, welcome employees

Drafted by the employer Reviews policies, practice rights responsibilities

for the workplace

Recent Developments

Areas where handbook policies must be reviewed and/or updated– Employment at will– Social media– Company email– Leaves of Absence

• Earned Sick Time (EST)• Domestic Violence (DV)• MA Parental Leave Act (MPLA)

– CORI– FLSA

Key Players in Any Handbook Discussion

NLRB –National Labor Relations Board– Section 7, ULP

U.S. DOL - Department of Labor– FMLA, FLSA

Key Players in Any Handbook Discussion

AGO - Massachusetts Attorney Generals Office– EST, DV, W&H

MCAD – Massachusetts Commission Against Discrimination – MPLA

Where to Begin

National Labor Relations Act (NLRA) New player in handbooks

At-will policy

Social Media

Company email

Confidentiality

NLRB and Handbooks

Employment At-will

NLRB & Section 7 – A rule will be found unlawful if employees would

reasonably construe the rule’s language to prohibit Section 7 activity

Section 7 of the NLRA means:

Employees have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities

At-Will Clause

Typical At-will clause says:

Your employment with ABC is voluntary and is subject to termination by you or ABC at will, with or without cause, and with or without notice, at any time. Nothing in these policies shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of ABC employees

At-Will Clause (Redux)

The … at-will policy may not be modified by any officer or employee and shall not be modified in any publication or document. The only exception to this policy is a written employment agreement approved at the discretion of the President or the Board of Directors, and the employee.

Social Media Policies

A policy establishing standards for employees who post content on the Internet either as part of their job or as a private person.

Social Media Policies

For instance

– Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.

– An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.

Company Email

Purple Communications

– Employees who have already been granted access to an employer’s e-mail system for work purposes have a presumptive right to use the e-mail system to engage in Section 7-protected communications about their terms and conditions of employment during non-working time. 

– An employer may rebut this presumption only by demonstrating special circumstances that make a ban on non-business use of the system necessary to maintain production or discipline among its employees

Confidentiality

Limits on employee conversations are suspect Example of unlawful policy

– Do not discuss “customer or employee information” outside of work including “phone numbers and addresses”

Confidentiality

Example of a lawful policy– “You must not disclose proprietary or confidential

information about (Employer) if the proprietary or confidential information relating to the (Employers) associates was obtained in violation of law or lawful company policy.

MA Earned Sick Time

Adopted by voters in 2014 Applies to all employers <11 employees, unpaid >10 employees , paid Up to 40 hours per year Employees covered

EST (cont.)

Safe Harbor Policy (2015) Employers must adopt a policy as of 1-1-16 Employer Decisions

– Use existing policy– Notification– Accrual– Documentation

Other Leaves of Absence

MA Parental Leave– Up to 8 weeks of job protected leave

Domestic Violence Leave

Up to 15 days job protected leave Intermittent or at once UI benefit for DV

Overlapping Leaves

Employers should decide how to handle overlapping leaves– Example – EST can run concurrently with other

leaves– FMLA may run with WC, Sick, MPLA, possibly DV

CORI

Criminal records policy reminder– 5 or more CORI, must have a policy– Correct application

FLSA Classification Update

White collar regulations amendments 2016 release date Should have an employee classification policy

– Exempt– Nonexempt

Handbook Policy Questions

At-will disclaimer Avoid unnecessary promises Make sure you have all policies for that size

employer Multi-lingual

Handbook Policy Questions

Anti harassment AAP (if a federal contractor) Discretionary leaves (vacation, holidays,

bereavement, etc) Smoking, drugs, alcohol

Handbook Policy Questions

Discipline policy Termination Nepotism, fraternization Violence Monitoring

Sign-Offs

Sexual Harassment Conflict of Interest Ethics Non compete Non disclosure

Thank You

Associated Industries of MassachusettsOne Beacon Street, Boston, MA 02108

617-262-1180 or 800-470-6277www.aimnet.org