Employee Information

Deadline to Correct 409A Covered Documents Involving Employee Releases Is December 31, 2012
Callan Carter, Fisher & Phillips LLP

Section 409A is a relatively new Code provision, and after the regulations were finalized, the IRS issued some further guidance which provided tax relief for those deferred-compensation arrangements that were out of compliance with the final regulations. Internal Revenue Code Section 409A governs deferred compensation, which includes, with some exceptions, practically all agreements or plans in which an agreement is made in one year to pay an amount in a later year. Its most common form is a non-qualified deferred compensation plan in which the employer makes an unfunded promise to pay a dollar amount to the employee at a later time (termination of employment, specific age, etc.) 

HRMS — Efficient Tool or Expensive Toy?  It depends. Who’s really going to use it?

Increasingly, businesses are considering HR services to help improve their efficiencies in handling employee information? But are these services appropriate for schools?  EJ Herring reviews two services: Employee leasing and human resources management systems (HRMS).

Politics In The Workplace: A Practical Approach
Laurel Cornell, Associate, Fisher & Phillips, LLP  

As the 2012 presidential election rapidly approaches, employers must brace themselves for an inevitable spike in political banter in the workplace. Indeed, with social and political issues such as healthcare reform and same-sex marriage on the forefront, political passions are almost certain to flare in the coming months. 

If not properly addressed, political discourse can present unique challenges to employers trying to maintain a working environment free from conflict and distraction. Seemingly innocuous remarks regarding any candidate or their political positions may potentially offend some employees, which can lead to an increase in discrimination and harassment claims.

Did Your DUI Lawyer Draft Your Employee Handbook?

Of course not.  I just wanted to get your attention. The real question is when is the last time you reviewed your employee handbook to ensure, not only that it is legally compliant, but also to ensure that it accurately reflects your current policies and practices? That long, huh? If your handbook (along with your sense of fashion and hairstyle) is stuck in the 80s, 90s or early 2000s, it may be time for an update. An outdated handbook can create potential risks for employers and convert what should be your best friend into your worst enemy. 

Are You Enforcing Your Cell phone Policy?

You Do Have One, Don't You?

Recently, the National Transportation Safety Board (NTSB) proposed a ban on all cell phone calls and texting while driving. The first ever proposed nationwide ban on driver use of mobile devices while driving certainly has a significant impact on employers given employees' increasing reliance on mobile devices.

2^nd ALJ Decision on Social Media Policies Under the NLRA
Posted by Molly DiBianca, Associate – Young, Conaway, Stargatt & Taylor 

The lawfulness of employer's social-media policies under the National Labor Relations Act (NLRA) continues to be a hot topic. Although the position of the National Labor Relations Board (NLRB) continues to be hostile towards these policies. And, without court decisions on the question, employers are not left with much other legal guidance. Until now, there has been just one decision by an Administrative Law Judge (ALJ), which found that an employee's Facebook posts were protected by the NLRA.

Facebook Privacy, Simplified
by Jay Shepherd

Lot of talk lately about online privacy, what with Google dramatically changing their policies recently. Facebook users have always had an uneasy feeling about the privacy of their postings, and Facebook hasn't done a great job of educating its users.

One of the trickiest things has been commenting on other people's posts, then being surprised to learn who can read those comments.

Credit Checks by Employers  - Are They Becoming a Thing of the Past?

Checking job applicants' credit as part of the screening process is a common practice, but it is declining.  In 2009, when only two states prohibited such inquiries, a survey by the Society of Human Resource Management reported that 60 percent of employers checked the credit of at least some prospective hires.  Only a year later, that rate dropped to 47 percent.  We expect that rate will continue to fall.  Simultaneously, employers are realizing that screening everyone is generally a poor idea.  For example, in 2010, only 13 percent of employers conducted credit checks on all prospective hires.

Writing An Employee Handbook Your Employees Will Read – And Heed, Part 1
By D. Albert Brannen, Fisher & Phillips LLP (Labor Letter, May 2011)

Not complying with current law can be expensive in today's legal climate. Employers should review their employee handbooks and employment-related policies to make sure they are up to date. More importantly, employers should draft their handbooks so their employees actually read them and follow their policies.

Writing An Employee Handbook Your Employees Will Read and Heed! Part 2

Summer is approaching and it's time to review your handbook. D. Albert Brannan of Fisher & Phillips gives you 9 points to ponder as you make your reviews.