Podcast 153: Why You Must Have An Up-To-Date Employee Manual with Philip Siegel

 
Philip Siegel

Do you have an employee manual for your contracting business? Has it been updated recently to protect you against an employee complaint or lawsuit?

In today’s interview with construction employment attorney Philip Siegel we review the new laws that you need to be aware of and the action you need to take. We also get into the latest changes in the immigration laws and the new requirements every business owner now falls under.

Show Highlights:

  1. A handbook is an opportunity to establish company culture.
  2. A handbook establishes a roadmap or guide to avoiding discrimination claims.
  1. Don’t address only sexual harassment. Racial harassment or national origin harassment make up the majority of claims. A harassment/discrimination policy needs to be broad enough to not just cover sexual harassment.
  2. Regarding the reporting mechanism, be cautious about the job titles that are allowed to receive complaints, as opposed to individual’s names and phone numbers. Some policies require reporting to titles that do not actually exist within that particular company.
  1. S. Citizenship and Immigration Services (USCIS) released the latest version of the Form I-9 and will require employers to use this latest version beginning May 1, 2020. This form must be completed by the employee within three days of being hired. The employee verifies their identity and verifies their work authorization status. The individual must be able to produce documents to show who they are.
  2. OSHA’s Form 300A must be placed between February 1 and April 30 inlocations easily accessible to employees, such as the break room. This form summarizes the total number of work-related injuries and illnesses that occurred during the prior calendar year and entered into OSHA Form 300, which logs said injuries and illnesses.
  3. OSHA’s increasing penalties: they recently announced maximum penalty amount increases to account for inflation in 2020. Penalties for an other-than-serious violation, a serious violation, and a failure-to-abate violation increased to $13,494. Willful and repeat violations now have a maximum penalty amount of $134,937 per violation.
  4. Philip addresses the complex issues of wage and hour violations, compensable travel and the new method of calculating overtime pay.

Links:

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Suggested Episodes:

114: How to Prevent Employee Poaching By Your Competitors with Philip Siegel

32: High Times – Drug Testing and Medical Marijuana. What Employers Need to Know with Philip Siegel

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