An Ounce of Prevention: Policies, Procedures and Proactivity (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020)
Kicking the can down the road is rarely a good idea, particularly when it comes to spending the time (and money) to develop a set of policies and procedures that will cover your workplace. While downloading handbook from the internet for a nominal fee, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-policies-procedures-and-proactivity-2020/
Similar a An Ounce of Prevention: Policies, Procedures and Proactivity (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020)
I Know What You Did Last Summer: Workplace Investigations (Series: Protecting...Financial Poise
Similar a An Ounce of Prevention: Policies, Procedures and Proactivity (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020) (20)
An Ounce of Prevention: Policies, Procedures and Proactivity (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020)
5. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
5
6. Meet the Faculty
MODERATOR:
Charles Krugel - Law Offices of Charles Krugel
PANELISTS:
Helen Bloch - Law Offices of Helen Bloch, P.C.
Max Barack - Partner, Favaro & Gorman
Gary Savine - Savine Employment Law, Ltd.
6
7. About This Webinar - An Ounce of
Prevention: Policies, Procedures and Proactivity
Kicking the can down the road is rarely a good idea, particularly when it comes to spending
the time (and money) to develop a set of policies and procedures that will cover your
workplace. While downloading handbook from the internet for a nominal fee, may sound like a
good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as
effective as solutions tailored to your needs. What makes the most sense for your
organization? What policies are must-haves? What are the latest best practices when it
comes to employee handbooks? What about training your staff and your managers? This
webinar presents practical advice for employers looking to put themselves in the best position
possible to not only defend against employment-related claims but—hopefully—to help avoid
them in the first place.
7
8. About This Series-
Protecting Your Employee Assets: The Life Cycle of
the Employment Relationship 2020
If you have employees or advise companies with employees, this webinar series is for you!
No employer—whether large, medium or small—is immune from the reach of federal, state
and/or local employment laws and regulations. Now, more than ever, employers should
consider taking a proactive approach to auditing their employment practices and policies so
that they can better respond when issues arise. This webinar series approaches the
employer-employee relationship from beginning to end, with programs covering the most
important steps along the way, including hiring and onboarding, policy and procedure
development and training, wage and hour compliance, accommodating disabled employees,
conducting investigations and considerations associated with ending the relationship.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
8
9. Episodes in this Series
#1: Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants
Premiere date: 1/28/20
#2: An Ounce of Prevention: Policies, Procedures and Proactivity
Premiere date: 2/25/20
#3: Show Them the Money: Wage & Hour Compliance
Premiere date: 3/24/20
#4: Time for a Break: Managing Leaves of Absence and Accommodating Disabilities
Premiere date: 4/28/20
#5: I Know What You Did Last Summer: Workplace Investigations
Premiere date: 5/19/20
#6: It’s So Hard To Say Goodbye: Minimizing Risk When Terminating Employees
Premiere date: 6/16/20
9
12. Developing an Employee Handbook
• Create/update existing policies
• Determine needs/goals
• Draft outline of handbook content
• Create summary of each policy and procedure
• Insert summaries into outline and review overall handbook
• Submit for legal review
• Distribute to employees and perform periodic updates
12
13. The Employment Handbook: Legal Compliance
• The employment handbook must comply with all relevant laws:
Anti-discrimination/harassment and related civil rights statutes
National Labor Relations Act
Family and Medical Leave Act
State and local laws and regulations
13
14. What Should a Good Handbook Include?
• Disclaimer
• Anti-Discrimination/Harassment Policies
• Compensation and Benefits
• Work Schedules
• Standards of Conduct
• Safety and Security
• Computers and Technology
• Leave Policies
• Acknowledgement of Receipt
14
15. Confidentiality/Information Security and
Conflict of Interest Statements
• These are not a requirement, but some companies may choose to include a statement to
protect company trademarks or industry secrets.
• May be used to support restrictive covenants in litigation
• The handbook should outline the specific information regarding the policy so that all
employees are aware of the agreement.
15
16. Anti-Discrimination Policies
• The handbook should confirm that the employer does not discriminate against
applicants/employees on the basis of their:
• Race, color, religion, sex, pregnancy, age, disability, national origin, or any other basis
protected by federal, state or local law.
• The handbook should include an internal complaint procedure and process for resolving
complaints.
16
17. Compensation
• The handbook should provide information on deductions for federal and state taxes, and
the benefits plan. It should also include information on:
Employee classifications
Pay schedules
Employee reviews
Breaks (length, paid?)
Recording of employee time
Overtime
Expense reimbursement
17
18. Work Schedules
• Is there a set schedule for employees?
• Flexible schedule with possibility of remote work.
• Holidays
• Part-time/full-time designation
18
19. Standards of Conduct
• The handbook should document information regarding employee standards, such as:
Dress code
Code of conduct-what is permissible/what is not
Progressive discipline/zero tolerance
Attendance
Drugs/Alcohol-will the employer require testing?
Confidential information
Use of company property
19
20. Safety and Security
• In order to help foster a safe work environment, the handbook should include:
Procedures for reporting an accident
Information for dealing with weather-related emergencies
Procedures for addressing health (physical and mental) crises
Policy against workplace violence
20
21. Computers and Technology
• The handbook should outline:
Guidelines on appropriate use of employer’s computer/network/internet
Confirm that there is no reasonable expectation of privacy
Social media expectations
21
22. Employee Benefits
• This section should provide information regarding mandatory and optional benefits, for
example:
Medical, dental, vision
Flexible spending accounts
Workers compensation
401(k)
EAP
Insurance
Bonuses
COBRA
22
23. Leave Policies
• The employer’s policies regarding leave should be outlined in this section of the handbook.
Vacation days
Sick days
Personal days
Jury duty
Family medical leave
Military leave
Bereavement
Policies must be documented and must comply with federal and state laws
23
25. Acknowledgement of Receipt
• Affirms at-will employment
• Recognizes Company’s right to add, delete or modify policies
• Commits to adhere to policies
• Employee must acknowledge after each revision
25
27. The Purpose of Employment Policies
• Communicate organizational values and expectations
• Maintain legislative compliance and protection against employment claims
• Document and implement relevant organizational best practices
• Promote consistent treatment of staff, fairness and transparency
• Help management to make decisions that are consistent, uniform and predictable
• Provides individuals/organization with clear guidelines
27
28. Differences between Policy and Procedure
• A policy is a formal statement of a principle or rule that members of an organization must
follow.
Each policy addresses an issue important to the organization's mission or operations.
• A procedure tells members of the organization how to carry out or implement a policy.
Policy is the "what" and the procedure is the "how to.”
28
29. Employment Policy and Routine Audits
• Employment policies should be routinely audited to ensure compliance with the law.
Specifically:
Policies against discrimination and harassment
Supervisory training policies
Employee evaluation forms and method of determining merit pay
Review ADA compliance (post expiration of FMLA leave)
29
30. Employment Policy and Routine Audits
• Review methods for employees to voice concerns.
• Review harassment investigation protocol.
• Review protocol on discrimination charges or other legal proceedings and related
document retention and “electronically stored information” practices and procedures.
30
32. Purposes of Employee Training
• Employment training:
Educates workers about the effective use of technology
Ensures competitive edge in the market
Promotes safety and health among employees
Creates opportunities for career development and personal growth, an important
factor in retaining workers
Helps employers comply with laws and regulations, and
Improves productivity and profitability
32
33. Training and Development Options
• Job specific training - training and development that increases employee skills and abilities
to meet the requirements of their position
• Career development - training and development that build employee competencies
• Educational development - courses through an accredited/certified/licensed educational
institution
33
34. On the Job Training/Development
• On-the-job training and development includes activities such as:
Peer or supervisor coaching on particular job-related skills
Mentoring, with an internal or external mentor on job and career related skills and
abilities
Job rotation
Job shadowing
Cross training
"Acting" responsibilities when superiors are away
34
35. Formal Training
• Formal training includes professional development programs, such as:
Classroom training
Online training
Video training
Conferences and seminars
35
36. Manager Training
• Ensure they understand expectations and obligations of compliance with EEO policies
• Explain potential for individual liability
• Teach them to spot issues
• Make sure they know what to do when they see something or receive a complaint
NOTE: If an employee proves in court that a supervisor or manager did discriminate, harass,
or retaliate against them, an employer can protect itself by showing that it provided that
supervisor with the proper training so that they knew their actions were in direct violation of
company policy.
36
38. About The Faculty
Charles Krugel - cak1@charlesakrugel.com
As a management side labor & employment attorney & human resources (HR) counselor,
Charles Krugel, www.charlesakrugel.com, has 24 years of experience in the field & has been
running his own practice for 18 years. His clients are small to medium sized companies in a
variety of industries. Charles has been lead negotiator for hundreds of labor & employment
agreements & contracts. Additionally, he’s litigated dozens of court cases, administrative
proceedings & arbitrations. In addition to providing traditional labor & employment law
services, he represents companies desiring to institute preventive & proactive HR functions.
These functions include policies & procedures, which help to efficiently & discreetly resolve
issues in-house & prevent lawsuits & complaints; they also help to reduce costs & act as
catalysts for increasing productivity & profits. Moreover, he’s frequently the subject labor &
employment law related TV, radio & print interviews.
38
39. About The Faculty
Gary Savine - gnoah@savinelaw.com
Gary Noah Savine is an employment lawyer and the founder of Chicago-based law firm
Savine Employment Law, Ltd. Gary brings to the table over twenty years of legal expertise
and hands-on experience, working around the globe, shoulder-to-shoulder with senior
executives and human resource professionals solving the thorniest of workplace disputes.
Before starting his firm, Gary practiced employment law exclusively at two of Chicago’s
largest law firms and served as chief employment counsel at Navistar (NYSE: NAV) and Hill-
Rom Holdings (NYSE: HRC). Gary frequently speaks and writes about employment law
issues. He has written and presented before the American Bar Association, the National
Employment Lawyers Association, the Northern Illinois Society for Human Resources
Management, the Northern Illinois Franchise Association and the American Conference
Institute. Gary received his law degree cum laude from the University of Michigan Law School
in 1996. More information about Gary’s firm can be found at www.savinelaw.com.
39
40. About The Faculty
Helen Bloch - hbloch@blochpc.com
In 2007, Helen Bloch founded the Law Offices of Helen Bloch, P.C., a general practice firm that is a
Certified Female Business Enterprise. In the employment & business context, Helen represents clients on
all sides of the employment relationship- individual employees, managers, or employers. Routinely Helen
negotiates & counsels clients on employment agreements, including non-competition, confidentiality, &
severance agreements. Also, she drafts employment handbooks & various policies & procedures. Helen
will advise businesses on best practices, including providing sexual harassment training. Helen has
lectured on topics such as gender role in the law, legal issues affecting small businesses, & legal rights &
obligations from multiple sides of the employer-employee relationship. For the past two years she has
been selected for inclusion in Super Lawyers in the area of employment law. Helen is President of the
Decalogue Society of Lawyers & serves on the Alliance of Bar Associations, where she assists in
screening judicial candidates. Her other bar association memberships include the Illinois chapter of the
National Employment Lawyers Association, Women’s Bar Association of Illinois, & the Illinois State Bar
Association. An active National Association of Women Business Owner’s (NAWBO) member, Helen
leads NAWBO’s Lincoln Park Business Exchange Group.
40
41. About The Faculty
Max Barack - MBarack@favarogorman.com
Max is a partner at Favaro & Gorman, Ltd., where he has worked since January 2017. He
concentrates his practice primarily on representing plaintiffs in their claims of discrimination,
as well as wage and hour violations, whistleblower actions, and severance negotiations. He
has extensive litigation experience, with a focus on electronic discovery (ESI). He has
represented and assisted employers in defending discrimination and wage and hour disputes,
including in department of labor investigations. He is a member of the Board of Directors of
the National Employment Lawyers Association of Illinois and co-chair of its Legislative
Committee. He is a regular contributor to the Chicago Bar Association's @theBar blog, and is
fluent in Spanish.
To read more about Max, visit <https://www.favarogorman.com/attorneys/max-barack-2/>.
41
42. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
42
43. About Financial Poise
43
DailyDAC LLC, d/b/a Financial Poise™ provides
continuing education to attorneys, accountants,
business owners and executives, and investors. It’s
websites, webinars, and books provide Plain English,
entertaining, explanations about legal, financial, and
other subjects of interest to these audiences.
Visit us at www.financialpoise.com
Our free weekly newsletter, Financial Poise
Weekly, updates you on new articles published
on our website and Upcoming Webinars you
may be interested in.
To join our email list, please visit:
https://www.financialpoise.com/subscribe/