Policies and Procedures: Employment

A template briefing for in-house counsel to give supervisors and managers regarding the prohibition against discrimination and harassment in the workplace, and their responsibilities in enforcing the employer's policies. Click here to download in Microsoft Word.

A Note describing the interactive process that employers must engage in with qualified individuals with a disability to explore possible reasonable accommodations under the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA). This Note addresses federal law regarding the parties' rights and obligations. For information on state law requirements, see the State Q&A Tools under Related Content to the right.

An employee policy prohibiting retaliation and outlining the procedure for reporting retaliation. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. 

An employee background check policy. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy on bone marrow, organ and blood donation leave. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local laws may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A sample California Family Rights Act (CFRA) policy that also includes pregnancy disability leave provisions for California employers with 50 or more employees. It includes employee eligibility under the CFRA, serious health conditions covered by the CFRA and other important provisions. This Standard Document is based on the prototype provided by the California Fair Employment and Housing Commission. This policy has been drafted in compliance with California law. This Standard Document has integrated notes with important explanations and drafting tips.

A California-compliant medical certification form under the California Family Rights Act (CFRA) for a healthcare provider to certify an employee's serious health condition. This Standard Document is adapted from the prototype provided by the California Fair Employment and Housing Commission. Integrated notes with important explanations and drafting tips have been added. This Standard Document is based on California law. For information on federal and other states' leave law requirements, see the Family and Medical Leave Act (FMLA) resources and State Q&A Tools under Related Content to the right.

An employee code of ethics or conflict of interest policy for private, for-profit employers. This policy defines a potential conflict of interest and sets out a procedure for reporting potential conflicts of interest and violations of the policy. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy on reasonable accommodations under the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA). It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A policy addressing proper dress and grooming standards for employees in the workplace, including optional clauses for uniform or fragrance-free requirements. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A policy addressing workplace testing for illegal drugs, alcohol and marijuana. It outlines circumstances in which job applicants and employees will be tested, testing procedures and consequences of violating the policy. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces that are not subject to the federal Drug-Free Workplace Act of 1988. It is jurisdiction neutral. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A form to be signed by a nonunionized employee acknowledging receipt, review and understanding of the contents of an employee handbook. It should generally be included at the end of such a handbook. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has an integrated note with important explanations and drafting tips.

A standard form for employers to use when conducting an employee's periodic performance evaluation, review or appraisal. This Standard Document has an integrated note with important explanations and drafting tips.

A statement for employers to use to express their philosophy on employee relations and unions. This statement complies with Section 8(c) of the National Labor Relations Act (NLRA) and largely tracks published statements by the employer in Noah's New York Bagels, Inc. (324 N.L.R.B. 266 (1997)) that the National Labor Relations Board (NLRB) has approved as lawful Section 8(c) speech in General Counsel Guidance Memoranda. This Standard Document applies only to private workplaces. It is based on federal law. This Standard Document has integrated notes with important explanations and drafting tips.

A policy regarding employment references for former or current employees. An employer can minimize liability by centralizing requests for employment information with a single department and training the employees responsible for responding to the requests to handle all requests consistently. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A standard form for requesting certification of a serious injury or illness of a current military service member when an employee requests military caregiver leave under the Family and Medical Leave Act (FMLA) to care for that service member. This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document addresses federal law. For information on state leave laws, see the State Q&A Tools under Related Content to the right.

A standard form for requesting certification of an employee's serious health condition under the Family and Medical Leave Act (FMLA). This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information on state leave laws, see the State Q&A Tools under Related Content to the right.

A standard form for requesting certification of a qualifying exigency in connection with an employee's request for qualifying exigency leave under the Family and Medical Leave Act (FMLA). This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information on state leave laws, see the State Q&A Tools under Related Content to the right.

A standard form for notifying employees about their eligibility for leave under the Family and Medical Leave Act (FMLA) and their rights and responsibilities under the FMLA. This Standard Document has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information about state leave law, see the State Q&A Tools under Related Content to the right.

An employee policy regarding leave provisions under the Family and Medical Leave Act of 1993 (FMLA). It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy on health and safety in the workplace. It helps an employer comply with Occupational Safety and Health Act (OSH Act) recordkeeping requirements by setting out the procedure for employees to report workplace injuries, accidents and illness. This policy also encourages employees to be safety conscious and outlines the procedure for reporting safety concerns. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. 

An immigration sponsorship policy for an employer to adopt to manage its immigration sponsorship activities in the US. This Standard Document applies only to private workplaces. It is based on federal law. This Standard Document has integrated notes with important explanations and drafting tips.

A memorandum from in-house counsel advising company employees on how to maintain the attorney-client privilege over their communications with the company's attorneys, and further explaining the nature of counsel's relationship with the company and its employees.

This Standard Document provides sample language for a California-specific agreement to arbitrate employment-related claims. This Standard Document has integrated drafting notes with important explanations and drafting tips.

A policy on the use of free and open source software (FOSS) by a company for its internal operations or products or services it develops for distribution to third parties. This policy can be used as a stand-alone policy document, incorporated by reference in a general company IT policy or included in an employee handbook in abbreviated form. It is jurisdiction neutral but must be tailored to suit the organization's managerial structure, resources and strategic goals. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy on paid time off (PTO), including vacation and sick leave. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

An employer policy on performance reviews. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A sample pregnancy disability leave policy for California employers with five or more employees that must comply with the state's pregnancy disability leave law. This Standard Document is based on the prototype provided by California's Department of Fair Employment and Housing. It has been drafted in compliance with California law and applies to private employers. This Standard Document has integrated notes with important explanations and drafting tips.

An employee policy on religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII). It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

Guidelines to educate and instruct supervisors how to respond in compliance with the National Labor Relations Act (NLRA) to union picketing at a company's premises or worksite. This Standard Document applies only to private workplaces but may be useful for public sector employers with private sector contractors, suppliers or tenants. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A letter informing neutral unions that represent a company's employees that the company has either set up a reserve gate system to effectively confine a union's picketing of that employer on the premises it owns or manages to designated areas, set a reserve time that the targeted employer will be at the premises or both.  This Standard Document applies only to private workplaces but may be useful for public sector employers with private sector contractors, suppliers or tenants. It is based on interpretations of the National Labor Relations Act (NLRA). State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A letter informing a union that a company has either set up a reserve gate system to effectively confine a union's picketing of that employer on the premises it owns or manages to designated areas, set a reserve time that the targeted employer will be at the premises, or both.  This Standard Document applies only to private workplaces but may be useful for public sector employers with private sector contractors, suppliers or tenants. It is based on interpretations of the National Labor Relations Act. State or local law may impose additional or different requirements, but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A form of corporate insider trading policy for a public company that applies to all employees and directors in prohibiting any form of insider trading and also imposes special trading restrictions on directors and officers, who are subject to additional legal requirements and extra public scrutiny as a result of their positions with the company. This insider trading policy also includes anti-pledging and anti-hedging provisions. This Standard Document has integrated notes with important explanations and drafting tips.

Social media guidelines for a public company for both personal social media use and social media use as an authorized company spokesperson. These guidelines incorporate social media best practices under US securities and disclosure laws and regulations. This Standard Document has integrated notes with important explanations and drafting tips, including discussion of the impact of National Labor Relations Board (NLRB) review of social media policies. 

An employment policy to limit the time and place for employee solicitation and distribution of written materials. It can be incorporated into an employee handbook or used as a stand-alone policy. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A policy regarding standards of conduct that can be included in an employment handbook, and relevant labor considerations to consider when drafting the policy. This Standard Document has integrated notes with important explanatory and drafting tips, provided by PLC Labor & Employment.

A policy on telecommuting (also known as working remotely) that minimizes an employer's risk of liability by setting out expectations for the employee and explaining the employer's responsibilities. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A policy regarding tuition reimbursement for private employers to use when providing educational assistance to their employees. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

A sample statement that employers should provide to unionized employees before conducting interviews about facts relevant to a National Labor Relations Board (NLRB) unfair labor practice case. This Standard Document includes integrated notes explaining the information that must be included in the statement and other important points and drafting tips. It is drafted in compliance with the National Labor Relations Act (NLRA) and the NLRB's decision in Johnnie's Poultry Co.

An employee policy on witness and victims of crime leave. It can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips. 

A policy prohibiting workplace violence that outlines the procedures for reporting threats or violent acts and prohibits retaliation for complaints. This policy can be incorporated into an employee handbook or used as a stand-alone policy document. This Standard Document applies only to private workplaces. It is based on federal law. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Document has integrated notes with important explanations and drafting tips.

This Standard Clause provides model language that can be included in an employee handbook to minimize the risk that a court will view the handbook as creating a contract for employment. It also includes language reserving an employer's right to make changes to the handbook. This Standard Clause applies only to private employers with respect to their nonunionized employees. It is jurisdiction neutral. State or local law may impose additional or different requirements but this document will be useful and relevant to employers in every state. This Standard Clause includes integrated notes with important explanations and drafting tips.

This Standard Clause provides sample language to disclaim an intent by an employer to unilaterally supplant or amend employment terms or conditions that are set out in a union collective bargaining agreement (CBA) in violation of Section 8(a)(5) of the National Labor Relations Act (NLRA). This clause can be incorporated into an employee handbook that is applicable to unionized employees. This Standard Clause has an integrated drafting note with important explanations and drafting tips. For a similar disclaimer to be incorporated into an individual employment policy, see Standard Clause, Employment Policy Disclaimer for Unionized Employees Covered under a Collective Bargaining Agreement.

This Standard Clause provides sample language for a California-compliant mandatory arbitration provision of employment-related claims. It can be incorporated into a written employment agreement or employee handbook. This Standard Clause has integrated drafting notes with important explanations and drafting tips. For recent updates on class action and jury trial waivers in arbitration agreements, see Related Content on the right.

This Standard Clause provides sample language for a California-compliant non-solicitation of customers provision. It can be used as a stand-alone provision or incorporated into a written agreement with current or departing employees. This Standard Clause has integrated drafting notes with important explanations and drafting tips.

This Standard Clause provides sample language to incorporate into an employment policy to disclaim an intent by an employer to infringe on employees' Section 7 rights under the National Labor Relations Act (NLRA). This Standard Clause has integrated drafting notes with important explanations and drafting tips.

A Checklist of issues for employers to consider when determining whether they may lawfully discipline or terminate a unionized or nonunionized employee for objectionable social media postings. Factors include whether the postings constitute protected concerted activity under the National Labor Relations Act (NLRA), as well as consideration of state laws protecting lawful off-duty conduct. The Checklist is jurisdiction-neutral. This Checklist references NLRB precedent issued after January 4, 2012 by recess appointees to the NLRB. In Noel Canning v. NLRB, the US Court of Appeals for the District of Columbia Circuit held that the recess appointments to the NLRB were invalid, calling into question whether any of the NLRB's decisions since January 4, 2012 are enforceable. Despite the DC Circuit's holding, the NLRB continues to issue decisions by the recess appointees, seek enforcement of those decisions and rely on the recess appointees' decisions as governing law (see Legal Update, DC Circuit Rules NLRB Recess Appointments Were Unconstitutional; Enforceability of All Recess Appointees' Decisions in Doubt). PLC Labor & Employment will continue to monitor developments and update this resource to reflect applicable law.

A Checklist of the steps to take when implementing an independent, neutral internal resolution program for handling employee disputes and workplace conflicts at a company. A peer review panel (PRP) or peer advisory board can help a company constructively manage and promptly resolve employee grievances.

A Q&A guide to state law on hiring requirements for private employers in Arizona. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in California. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Connecticut. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law many impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Florida. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Idaho. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Indiana. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Kansas. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Louisiana. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Maryland. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Law Q&A Tool). For a recent update on Maryland's new User Name and Password Privacy Protection and Exclusions law, see Related Content on the right.

A Q&A guide to state law on hiring requirements for private employers in Michigan. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Mississippi. This Q&A addresses disclosure that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Louisiana. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Nevada. This Q&A addresses disclosure that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in New York. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Ohio. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Oregon. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Rhode Island. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Tennessee. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Utah.  This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Washington. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

A Q&A guide to state law on hiring requirements for private employers in Wisconsin. This Q&A addresses disclosures that employers must make to new hires, the type of information to include in the notice, when and how notice should be sent, language to include in employment applications and information that cannot be requested on employment applications. Federal, local or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Hiring Requirements: State Q&A Tool).

An expert Q&A with Mary E. Drobka of Davis Wright Tremaine LLP on the impact of state laws permitting the recreational and medicinal use of marijuana on employers' workplace policies, hiring practices and disciplinary procedures.

An Article on the EEOC's Guidance on the use of criminal background information, including arrest and conviction records, for employment purposes under Title VII of the Civil Rights Act of 1964, including compliance requirements and best practices.

An expert Q&A with Susan F. Eandi of Baker & McKenzie LLP on how multi-state employers can ensure their employee handbooks comply with each state's laws and the key considerations for US employers creating a global employee handbook.

An expert Q&A with Bettina (Betsy) Plevan of Proskauer Rose LLP on minimizing the risks associated with improper and inappropriate use of social media in the workplace and creating an appropriate social media policy. 

Multinational companies are increasingly finding that a failure to manage employment liability risks on a global basis can lead to losses ranging from court awards or penalties to diminishment of corporate and brand image. This step-by-step guide provides a template for establishing global employment best practice standards and policies.

This Legal Update highlights best practices for creating a telecommuting policy.

Resources to help employers minimize liabilities that may arise from workplace romances between employees. 

A synopsis of some of the significant historical developments underlying the creation of Title VII of the Civil Rights Act of 1964.

An overview of the benefits of conducting an annual review of an employee handbook and a discussion of best practices.

In Karl Knauz Motors, Inc., the National Labor Relations Board (NLRB) upheld the termination of an employee for Facebook comments that were not protected under Section 7 of the National Labor Relations Act (NLRA). The NLRB also held that an employer's rule requiring employees to treat others with courtesy and to refrain from using language that is disrespectful or harmful to the employer's image and reputation unlawfully restricted Section 7 activity.

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses California's new workplace protections for employees' religious dress and grooming practices. The California Fair Employment and Housing Act currently protects employees from discrimination on the basis of religious creed. On September 8, 2012, California enacted Assembly Bill 1964, which amends the Fair Employment and Housing Act to explicitly protect religious dress and grooming practices such as religious clothing, jewelry, and head or facial hair. Employers must reasonably accommodate employees' religious dress and grooming practices, except when doing so would cause an undue hardship on the business. The law takes effect on January 1, 2013. 

In Banner Estrella Medical Center, the National Labor Relations Board (NLRB) held that an employer violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by asking employees who make complaints not to discuss ongoing investigations with co-workers.    

This Law Firm Publication by Jackson Lewis LLP discusses Alabama's recently enacted law prohibiting texting and e-mailing while driving. Effective August 1, 2012, it is illegal to manually write, send or read a text or e-mail while operating a motor vehicle in Alabama, except when contacting emergency services. The law also does not apply when the car is parked. To avoid liability for car accidents caused by employees acting in the scope of their employment, employers should ensure they have written policies prohibiting employees from texting or e-mailing while driving for work purposes. 

This Law Firm Publication by Jackson Lewis LLP discusses a California Court of Appeal's decision in Iskanian v. CLS Transportation upholding a class action waiver in an arbitration agreement and distinguishing the National Labor Relations Board's (NLRB) decision in D.R. Horton. The court followed AT&T Mobility LLC v. Concepcion, noting Concepcion made no exception for employment-related disputes in reiterating the general rule that arbitration agreements must be enforced according to their terms. The court also held the arbitration agreement barred the plaintiff from bringing claims under the California Private Attorney General Act (PAGA).

The US District Court for the Northern District of California recently upheld an arbitration agreement containing a class action waiver, holding that AT&T Mobility LLC v. Concepcion, which articulates a strong federal policy of enforcing arbitration agreements, controls. The court distinguished D.R. Horton, Inc., finding the National Labor Relations Act (NLRA) does not bar enforcement of agreements to arbitrate non-NLRA claims on an individual basis.

The US Department of Labor's (DOL) Wage and Hour Division (WHD) has extended the comment period for the proposed rule implementing statutory amendments to the Family and Medical Leave Act (FMLA). Among other things, the new rules would expand military caregiver leave, add a special hours of service eligibility requirement for airline flight crew employees, and impact certain regulations for calculating FMLA leave and for reinstating employees following FMLA leave.

On January 30, 2012, the Department of Labor's (DOL) Wage and Hour Division issued a notice of proposed rulemaking to revise certain regulations of the Family and Medical Leave Act (FMLA). The proposed regulations implement statutory amendments to the FMLA made by the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act.

This Honigman Miller Schwartz and Cohn LLP memorandum discusses amendments to Michigan's unemployment insurance and workers' compensation laws, including notice that employers should consider providing to employees at the time of hire. These amendments went into effect on December 19, 2011.

A defense appropriations bill recently signed into law by President Obama expands certain protections of the Uniformed Services Employment and Reemployment Rights Act (USERRA) to National Guard members who respond to national emergencies within the US.

This Ogletree, Deakins, Nash, Smoak & Stewart, P.C. memorandum discusses the new six-page notice, MW-400 (11/11), that was issued on November 4, 2011, by the New Jersey Department of Labor and Workforce Development (NJDOL). The notice is in accordance with the requirements of a 2009 statute, P.L. 2009, c. 194, relating to the maintenance and reporting of employment records. Employers must immediately provide the notice to all new employees and have until December 7, 2011 to distribute it to current employees.