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An Ounce of Prevention: Policies, Procedures and Proactivity (Series: HR, Talent Management & Employment Law Boot Camp)

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 view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/hr-policies-procedures-proactivity-2019/

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An Ounce of Prevention: Policies, Procedures and Proactivity (Series: HR, Talent Management & Employment Law Boot Camp)

  1. 1. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Insert the cover image for this webinar on this slide entirely 1
  2. 2. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Practical and entertaining education for attorneys, accountants, business owners and executives, and investors. 2
  3. 3. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 the information it publishes is accurate, Financial Poise™ makes no guaranty in this regard. About this PowerPoint: if you are looking at this PowerPoint without the benefit of listening to the conversation that surrounded it then you are doing yourself a disservice. This PowerPoint was prepared in contemplation of being viewed in conjunction with listening to a one hour webinar on the topic 3
  4. 4. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe MEET THE FACULTY Moderator: Charles Krugel – Labor & Employment Law on Behalf of Business Panelists: Jason Klimpl – Tannenbaum Helpern Syracuse & Hirschtritt LLP Matthew Schiff – Sugar Felsenthal Grais & Helsinger LLP Jordan Schwartz – Conn Maciel Carey LLP 4
  5. 5. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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. 5
  6. 6. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT THIS SERIES: HR, Talent Management & Employment Law Boot Camp 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. 6
  7. 7. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EPISODES IN THIS SERIES 4/3/19 Episode #1: Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants 5/8/19 Episode #2: An Ounce of Prevention: Policies, Procedures and Proactivity 6/5/19 Episode #3: Show Them the Money: Wage & Hour Compliance 7/10/19 Episode #4: Time for a Break: Managing Leaves of Absence and Accommodating Disabilities 8/7/19 Episode #5: Know What You Did Last Summer: Workplace Investigations 9/4/19 Episode #6: It’s So Hard To Say Goodbye: Minimizing Risk When Terminating Employees 7 Dates shown are premiere dates. All webinars will be available On Demand approximately 4 weeks after they premiere.
  8. 8. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Episode #2: An Ounce of Prevention: Policies, Procedures and Proactivity 8
  9. 9. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe THE EMPLOYEE HANDBOOK 9
  10. 10. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 1 0
  11. 11. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 1 1
  12. 12. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 1 2 • Leave Policies • Acknowledgement of Receipt
  13. 13. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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. 1 3
  14. 14. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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. 1 4
  15. 15. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 1 5
  16. 16. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe WORK SCHEDULES • Is there a set schedule for employees? • Flexible schedule with possibility of remote work. • Holidays • Part-time/full-time designation 1 6
  17. 17. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 1 7
  18. 18. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 1 8
  19. 19. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 1 9
  20. 20. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 2 0 ✓ Bonuses ✓ COBRA
  21. 21. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 2 1 ✓ Bereavement ✓ Policies must be documented and must comply with federal and state laws
  22. 22. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TERMINATION • Voluntary/Involuntary • Exit interview • Final paycheck • Return of company property • References 2 2
  23. 23. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 2 3
  24. 24. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT POLICIES 2 4
  25. 25. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 2 5
  26. 26. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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.” 2 6
  27. 27. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT POLICIES 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) 2 7
  28. 28. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT POLICIES AND ROUTINE AUDITS (cont’d) • 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. 2 8
  29. 29. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYEE TRAINING 2 9
  30. 30. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe PURPOSES OF EMPLOYMENT 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 3 0
  31. 31. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 3 1
  32. 32. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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 3 2
  33. 33. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe FORMAL TRAINING • Formal training includes professional development programs, such as: ✓ Classroom training ✓ Online training ✓ Video training ✓ Conferences and seminars 3 3
  34. 34. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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. 3 4
  35. 35. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT THE FACULTY 3 5
  36. 36. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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. 3 6
  37. 37. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Jason Klimpl – klimpl@thsh.com Jason B. Klimpl is a partner in the Employment Law Group of Tannenbaum Helpern Syracuse & Hirschtritt LLP. In this capacity, he advises clients on a broad range of employment law matters, such as wage and hour compliance; healthcare; equal opportunity actions and policies; employment agreements and restrictive covenants; independent contractor and consulting issues, reductions in force; technology and privacy concerns; and other human resources counseling. Jason is also the Associate General Counsel of the New York Staffing Association, and is heavily involved in legal and legislative efforts to support the staffing industry. Jason has written numerous employment law articles and is a contributing faculty member of both Lawline and the National Academy of Continuing Legal Education. Jason is also a member of the Manhattan Chamber of Commerce’s Speakers Bureau and Help Desk. -Awarded Martindale‐Hubbell “Preeminent” peer review rating; Named 2013 ‐2017 New York Super Lawyer (Rising Star); Finally, the New York Enterprise Report named Jason the winner of the 2012 Best Attorneys and Accountants “Rising Star Attorney” category. Follow Jason on Twitter: @HR_Attorney 3 7
  38. 38. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Matt Schiff – mschiff@sfgh.com Matthew B. Schiff leads the Labor & Employment group at Sugar Felsenthal Grais & Helsinger LLP. Matt represents management in defense of claims of discrimination retaliation, harassment, workers’ compensation and employment torts. He counsels clients in all aspects of employment and labor relations. Matt is an experienced litigator who has tried many cases and argued appeals of workers’ compensation and related matters. He also counsels and litigates wage and hour disputes and assists his clients in protecting their trade secrets and enforcing non-compete and non- solicitation agreements. Matt has tried numerous jury and nonjury cases on behalf of employers before state and federal courts and agencies on behalf of public and private sector clients. Matt assists his clients in developing employee handbooks and contracts. He negotiates collective bargaining agreements and helps his clients with contract administration. 3 8
  39. 39. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Jordan Schwartz – jschwartz@connmaciel.com Jordan B. Schwartz is a partner in Conn Maciel Carey's Washington, DC office. Mr. Schwartz advises employers on a wide range of complex employment-related issues and advises properties regarding all aspects of compliance with the Americans with Disabilities Act (ADA). He defends employers against claims of discrimination and harassment, misappropriation of trade secrets, and wage and hour violations. He also counsels employers on all aspects of the employer- employee relationship. To read more about Jordan Schwartz, please visit: https://www.financialpoise.com/financialpoisewebinars/faculty/jordan-schwartz/ 3 9
  40. 40. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe 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. 4 0
  41. 41. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT FINANCIAL POISE DailyDAC LLC, d/b/a Financial Poise™ provides continuing education to attorneys, accountants, business owners and executives, and investors. Its 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. 4 1 Our free weekly newsletter, Financial Poise Weekly, educates readers about business, business law, finance, and investing. To receive it simply add yourself by going to: https://www.financialpoise.com/newsletter/ Email addresses are never sold to or shared with third parties.

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