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U.S. Work Visas

An Overview of U.S. Work Visas for Foreign Workers

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Immigration for Foreign Workers Coming to the US

Global marketing is no longer reserved for brands with deep pockets. Many Foreign businesses are expanding into international markets, and all of them eventually find themselves at the doorsteps of the United States, the world’s largest market. With this comes the relocation of employees, and the process of obtaining work permits suitable for those individuals to become employed in the United States.

This article will go into detail about the various visas and how to determine which are best suited for foreign employees who wish to emigrate from their home countries to work in the United States.  

E-2 Visa 

To obtain an E-2 visa for a temporary worker, a foreign national must be from an E-2 treaty country. However, one does not need to reside in an E-2 treaty country to qualify, many Brazilians fall under this exception.  Brazil is not a treaty country; but many Brazilians retain Italian citizenship since Italy is a treaty country, they too become eligible for an E-2 visa. The foreign investor must also own at least 51% of the company for it to qualify as an E-2 entity.

If this criterion is met, the applicant may go ahead and submit their application to their nearest U.S. Embassy. The applicant will then go through a visa interview and screening process to obtain a visa valid for five years.

Each E-2 temporary work visa holders may stay for a maximum of two years from the date of entry, leaving before that expiration. The spouse and children of an E-2 Visa Holder can obtain work authorization while in the United States. It is important to note that E-2 Visa Holder’s children who are 21 years of age and younger can attend school but cannot work.

L-1A Visa 

The L-1A visa is for managers, executives, or specialists of a foreign company who are being transferred to their company’s U.S. offices. The regulations for the L-1A visa states that applicants must within three years preceding the time of their application been employed continuously for more than a year by a qualifying entity.

The applicants must seek to enter the United States temporarily in order to render his or her services to a branch of the same employer parent affiliate or subsidiary of the qualifying entity. 

If a company is established in both countries, the L-1 can be valid for three years. If a foreign entity is forming a new company in the U.S., the applicant can receive a one-year visa and renew in increments of three years, until the employee has reached the maximum of seven years.

The spouse of an L-1 Visa Holder can obtain employment authorization while in the United States. Children (21 years and younger) can attend school but cannot work. The main concern with L-1’s is that they do not readily apply to small businesses.

H-1B Visa for Employee with a Specialty Occupation

When applying for the H1-B visa, the job must be classified within a DOL (Department of Labor) code in order to know what general job duties will be as well as determine what the prevailing wage will be. An Example of a position would be an Agricultural and Food Scientist (19-1012.00). This is an appropriate example as it requires a minimum of a bachelor’s degree.

For employees requesting H-1B status for the first time, please keep in mind a few things. The effective date for the H-1B is October 1 of each year, which is the government’s fiscal year start date. The applicant cannot file a visa application until April 1st of each year. Preliminary work takes a minimum of one and a half months to complete, so it’s imperative that they give enough time before that filing date to do the required. 

PERM / Green Card

There are three steps to undertake for permanent residence based on employment.

1.    The first step is to file an application for labor certification under the PERM provisions.

2.    The second step is to apply for the immigrant visa petition. Once this is approved, the process can move forward with the petition to classify the beneficiary as an immigrant worker professional. 

3.    The final step is an application for permanent residence or consular processing. 

The employer is legally required to pay for all fees and costs associated with the PERM process during the initial step. The second and third steps can be paid by either by the employer, the employee, or both.

It is important to note that candidate eligible for an H-1B may not necessarily qualify for permanent residence. One does not have to be in H-1B or have an educational degree to qualify for the PERM process.

Unless the employer can demonstrate that it cannot find a suitable US worker qualified and willing to fill the position, the labor certification application will not be approved. If this occurs, the employer can begin to advertise the position and hope that the attempt will not bring forth any willing and qualified U.S. workers applying for the position.  

Planning ahead for your employees and their families who might also want to come to the US and become citizens makes all the difference.  If you require assistance when the time comes to apply for a visa consult a professional who specializes in citizenship and immigration services and can expedite the process and prepare you for any bumps in the road.

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Five Ways to Build More Trust

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Some years back UCLA did a survey of 1300 executives around the country and they asked for five traits that were keys to hiring and advancement for employees. All 1300 of them included INTEGRITY somewhere in the list.

Here’s the real kicker. 71% of them rated INTEGRITY NUMBER ONE! Being TRUSTWORTHY is an integral part of integrity. So, obviously, being trustworthy is a critical character trait if you want to move up the corporate ladder, keep your employees, or build your customer base.

Bob Burg will tell you that all things being equal people will do business with people they know, like, and TRUST.

The first law of the Boy Scout Law, which defines how a Boy Scout is supposed to live their life, is “A Scout is Trustworthy”. Here’s the explanation: “A Scout always tells the truth. He is honest and keeps his promises. People can depend on him.”

Our trustworthiness is also quite obviously a key to our relationships with others.

  • If your spouse or significant other can’t trust you, the relationship is destroyed.
  • If your friends can’t trust you and count on you, then they will simply no longer expect anything from you and eventually will simply stop being around you or having your around.
  • If your co-workers can’t trust you, then you will not be able to function as part of a team.
  • If your employees can’t trust you, they will become disengaged and productivity suffers; not to mention the bottom line.

We know this, yet somehow the focus on trust seems to be lost somewhere in the desire to “close the deal” or secure what we want. When we focus on trust, however, we find that acquiring those things and closing that deal becomes easier because of who we are and what we stand for.

When we are trustworthy, we are the go to person that everyone counts on to make it happen. That has value in so many ways, including financially.

Being trustworthy is the deal-maker…or the deal breaker.

Here are some ways you can build trust on a daily basis:

  • PRODUCE RESULTS – when you have a proven track record of accomplishing things people will trust you to meet the deadline or to accomplish the task or lead them.
  • GIVE YOUR WORD ONLY WHEN YOU MEAN IT – Don’t make promises you can’t keep.
  • KEEP YOUR WORD AT ALL COSTS – This is critical. When people know that you are going to do what you say you are going to do no matter what, then your trustworthiness grows and builds over time.
  • BE CONSISTENT – Consistency is a key to both trustworthiness and integrity. People need to know what they can count on.
  • RESPECT YOURSELF AND OTHERS – When you show respect for other people and respect yourself, then people will believe and trust that you are who you say you are and you will do what you say you are going to do.

Are you trusted? Who do you trust? Where can you deepen the levels of trust? What action will you take today to rebuild trust?

Added Bonus: CLICK HERE to receive Paul’s e-book Fifteen Innovative Ways to Show Employees You Care 

You will be asked for your name and email – no sales call unless you request it. 

Author: Paul Simkins

Paul Simkins is a Performance Management Trainer, Speaker, and Coach who helps organizations and individuals re-engage their employees, maximize productivity and experience optimal team cohesion. Paul is a second-generation native of Orlando and currently lives in Oviedo.

Learn more about Paul and his company Ah-Ha! Moments Learning, LLC by visiting: https://www.ahhamomentslearning.com/

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Spreading Yuletide Cheer

Spreading Yuletide Cheer? An Employer’s Guide to Navigating the Holiday Season

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As the year winds down, we find ourselves in the middle of another holiday season. For many Americans it is a time steeped in tradition and festivity. In addition to family celebrations and time with friends, December also brings many company activities. For example, many companies organize holiday parties, decorate their offices, host parties or even set-up secret gift exchanges among coworkers. Usually these events are organized with good intentions in hopes of fostering a fun work environment. In truth, such activities can be a huge “win” by offering opportunities to celebrate the successes of the year, building community within the workplace, and growing a strong reputation. Many employers, however, do not realize that there are also some potential risks involved with observing holiday festivities.

While you don’t have to cancel the holiday fun, there are several issues employers should proactively watch and plan for during this holiday season.

Party Planning. While holiday parties are festive (and should be), each one holds a minefield of potential embarrassment, regrettable behavior, and, in worst case scenarios, discrimination and harassment lawsuits. Employers can safeguard against these claims in many ways.  For example, it might be wise to send a memo to employees before the holidays reminding them that the company’s dress and behavior codes – and harassment policies – still apply to an off-site, after hours, company-sponsored event. Examples of bad party etiquette usually stem from too much free alcohol and include things like the odd lewd remark, an offensive joke or inappropriate touching. These can all lead to complaints of sexual harassment or misconduct.

It’s important to note that mandatory holiday parties are considered work, so you can be held responsible for any injuries at the party. Make sure your business insurance will cover any injuries sustained during holiday events. Employers should also be aware of the potential for accidents and liability and take reasonable steps to avoid them.

Additional Time Off. The holiday season can also upend issues related to time off.   As employees take extra time off to shop and prepare for the holidays, problems might arise from long lunches, leaving early, and arriving late. While there is no need to be a Scrooge, employers might want to take this opportunity to note the importance of timekeeping. Make sure everyone is treated equally and consistently to avoid any misunderstandings or possible discrimination.

As an employer, you might also find yourself dealing with issues of conflicting holiday requests from staff. Strive to balance holiday requests against the operational needs of your business. Staff will have to accept that they can’t all take the same time off!

Religious Sensitivity. There is no way around the fact that, for many, the holidays are rooted in religious traditions.  Christmas, Hanukkah, and Kwanzaa are all reasons to celebrate.  But, keep in mind that not everyone observes those traditions. For example, Muslims and Jehovah’s Witnesses do not participate in those celebrations. Employers would be wise to consider various options to minimize hard feelings.  Make sure that gift giving and holiday parties are voluntary in nature so that those who choose to abstain from celebrating for religious or cultural reasons are not made uncomfortable.  Also, employers should be conscious of religious symbols or phrases in the workplace.

Don’t let the worries of liabilities or risk keep you from enjoying the season! You can celebrate without overstepping the boundaries. By ensuring that some of these eventualities have been considered and prepared for, everyone can relax a bit as the year winds down.

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Knowing Employment law basics

How Knowing Basic Employment Law Can Help In The Workplace

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Knowing your rights at work is of great importance; it ensures that both parties, employers and employees, are adhering to current government laws. However, it can sometimes be tricky knowing how many hours (by law) you can work in a week? Or how many days holiday your employees are actually entitled to? Within each company this is normally covered by HR (human resources) or line managers. They are the ‘go to people’ for this legal information.

What are the basic rights in the workplace?

Your rights at work will always depend on two factors: your statutory rights and your contract of employment. It is always courteous to remind employees to read through their contract thoroughly before signing. It is advised to encourage employees to contact you if they are unsure of anything in the contract, whether this is a particular clause or perhaps phrasing that they might not fully understand. This creates good rapport between you and your future employee.

As a company it is your responsibility to provide the employee with a copy of their rights and contract of employment. They can then refer to this as and when needed.

Why should your company know the basic employment laws?

Knowing employment laws inside out ensures your company is aware of the rights and responsibilities as well as looking after employees in the best possible way. Employment law is a complex area and therefore requires knowledge, structure and revision; keeping up to date with new developments and policies. Laws change year on year so regular employment law training can be of great benefit to your organisation or business.

Keeping your company up to date with employment laws

Employment law training ensures HR practitioners/line managers gain, or update and review their employment law knowledge on a regular basis. New legislation is always being introduced so it is therefore good practice to be aware of these and enforce them in the workplace.

Staying up to date with employment laws will help you avoid any pitfalls as getting it wrong can be extremely costly. Protect your company and employees from today onwards with regular training and qualifications.

Source from www.sme-blog.com to The Small Business Blog

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What Is Lawful or Unlawful

What is Lawful or Unlawful Language in Employee Handbooks?

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Rules Regarding Confidentiality
Employees have a Section 7 right to discuss wages, hours, and other terms and conditions of employment with fellow employees and other nonemployees, including union representatives. The confidentiality provisions of employee handbooks can thus violate the law if not artfully prepared. Rules prohibiting the discussion of the “terms and conditions of employment” are not allowed, while rules that prohibit the disclosure of legitimately confidential employer information are acceptable.

The following is a sampling of the confidentiality rules deemed unlawful:

  • Do not discuss customer or employee information outside of work, including phone numbers and addresses. The prohibition of disclosing “employee information” was impermissible.
  • If something is not public information, you must not share it. Again, this prohibition is too broad and thus unlawful.
  • The following is a sampling of the confidentiality rules deemed lawful, as each did not reference employee information, were not overly broad, and did not contain language that would reasonably be construed to prohibit Section 7 communications:
  1. Unauthorized disclosure of “business secrets” or other confidential information.
  2. Do not disclose confidential financial data, or other nonpublic proprietary company information. Do not share confidential information regarding business partners, vendors or customers.

Rules Regarding Employee Conduct Toward the Company and Supervisors  
Employees have a Section 7 right to criticize or protest their employer’s labor policies or treatment of employees, both while at work and in the public forum. While rules banning “insubordination” are generally permissible, rules that amount to a blanket ban of “disrespectful,” “negative,” “inappropriate,” or “rude” conduct toward management might be unlawful, depending on the context. By contrast, the same language aimed at employees’ conduct toward co-workers, clients, or competitors is lawful because employers have a legitimate business interest in having employees act professionally and courteously toward non-management individuals, subject to certain caveats discussed below.

The following is a sampling of rules dealing with management deemed unlawful:

  • Be respectful to the company, other employees, customers, partners, and competitors.The inclusion of “the company”   made this rule impermissible.
  • Refrain from any action that would harm persons or property or cause damage to the company’s reputation. The report maintained that this rule (and others like it) was unlawfully broad because it could be reasonably read to require employees to refrain from criticizing the employer in public.

By contrast, the following were lawful:

  •   No “rudeness or unprofessional behavior toward a customer, or anyone in contact” with the company. Again, this is acceptable because it did not mention “management” or “the company.”
  • Each employee is expected to work in a cooperative manner with management/supervision, coworkers, customers, and vendors. Here, the emphasis of the rule is the performance of the employees, as opposed to the communicative components of employment. It was thus permissible.

Rules Regarding Employee Conduct Toward Fellow Employees
In addition to employees’ rights to discuss their terms and conditions of employment and/or criticize their employers’ labor practices, employees also have a right to argue and debate with each other about unions, management, and the like. Thus, when an employer bans all “negative” or “inappropriate” discussions among employees, without further clarification, such rules can be reasonably read to prohibit discussions and interactions that are protected.

The following is a sampling of unlawful “employee-employee” conduct rules:

  • Don’t pick fights online. Far too broad.
  • Show proper consideration for others’ privacy rights and for topics that may be considered objectionable or inflammatory, such as politics and religion. Discussion of unionization would likely be chilled by this rule because it can be an “inflammatory” topic.
  •   Do not send unwanted, offense, or inappropriate emails. This rule was too vague and overbroad.

By contrast, the following were lawful:

  • Do not make inappropriate gestures, including visual staring.
  • Threatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees or visitors. This simply requires that employees be respectful and cooperate with their co-workers.
  • No harassment of employees, patients, or facility visitors. Harassment is distinct from contentious communication.

Rules Regarding Use of Company Logos, Copyrights, and Trademarks
Though copyright holders have a right to protect their intellectual property, company rules cannot prohibit employees’ fair protected use of them. The easiest example of this is an employee’s right to use company logos on picket signs, leaflets, etc.

The following is a sampling of rules deemed unlawful because of over-breadth:

  • Do not use Company logos, trademarks, graphics, or advertising materials in social media
  • Company logos and trademarks may not be used without written consent.

By contrast, this rule was lawful as it simply requires employees to respect copyright laws:

  • Respect all copyright and other intellectual property laws. For the employer’s protection as well as your own, it is critical that you show proper respect for the laws governing copyrights, fair use of copyrighted material, owned by others, trademarks and other intellectual property, including the employer’s own copyrights, trademarks, and brands.

 

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Workers Compensation Requirements in Florida

Workers Compensation Requirements in Florida

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Workers’ compensation is a major expense for most Florida businesses. It is important for employers to understand their duties and responsibilities under Florida law. When workers’ compensation insurance is purchased as required by Florida law, business owners are protected from being sued, except for under special circumstances, when an employee gets hurt or ill at the workplace, Under workers’ compensation, when an employee gets hurt on the job, the insurance company will pay all medical bills and partial wage replacement for the employee.

All businesses in Florida, with 4 or more employees, full-time or part-time, must have workers’ compensation insurance. Corporate officers count as employees unless the officer has been issued an exemption.

All construction industry businesses must have Workers’ Compensation, unless the business owners have exemptions and there are no employees. The owner is included unless they specifically file for an exemption.

Florida State and local governments are required to carry workers’ compensation insurance.

Farmers who have more than five regular employees and/or twelve or more additional workers for seasonal agricultural labor lasting thirty (30) days or more are also required to carry workers’ compensation coverage.

The rule used to be that only the owners of a business can file for exemption, which means they don’t need to pay for Workers’ Compensation coverage, because they wouldn’t sue themselves. Florida Statutes have been amended to include Limited Liability Company (LLC) members as employees. LLC members will be included on their Workers’ Compensation insurance policy; however, they may elect to be exempt by filing a Notice of Election to Be Exempt with the Division of Workers’ Compensation.

Florida State and local governments are required to carry workers’ compensation insurance.

Farmers who have more than five regular employees and/or twelve or more additional workers for seasonal agricultural labor lasting thirty (30) days or more are also required to carry workers’ compensation coverage.

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Drug Free Workplace Policy and Procedure

Drug-Free Workplace Policy and Procedure Development

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Implementing an effective Drug Free Workplace program takes thoughtful consideration of what you are trying to accomplish, how you want to accomplish it, how much it will cost and how much it will save you company money. The first step is to develop a comprehensive policy. Establishing a comprehensive drug-free workplace program may be the best means of preventing, detecting, and dealing with substance abusers.

Your policy should include the company’s philosophy about alcohol and other drug use and abuse, the business reasons you are instituting a Drug Free Work Place program, your commitment to providing a safe workplace, a clear statement of what is prohibited behavior, definition of terms, the consequences of violating the policy, the state and federal regulations that impact your company and your employees, the elements of your program, fitness for duty issues, and the procedures for implementing and maintaining the program.

This should be your company’s policy, and it should be tied to other policies and programs, like time and attendance, health care coverage, disciplinary procedures, or family medical leave. In developing a policy and procedure that works best for your company, you will need to make numerous decisions. These decisions need to be made before you attempt to implement the program. Senior leadership and upper and middle managers need to be consulted and a consensus reached. You will have a more successful program if you have everyone on board.

The three most important things about your Drug Free Work Place policy are:

  1. It must be written.
  2. It must be communicated to employees.
  3. It must be followed consistently.

Your company should have a written policy that clearly states what is expected of employees and the consequences of policy violations. There need to be training for management personnel and others responsible for identifying and dealing with suspected substance abusers. You may also want to consider pre-employment testing to prevent the hiring of workers who use illegal drugs; and reasonable suspicion, post-accident and follow-up testing available as other options to consider. A lawyer can help you clearly and effectively plan your Drug Free Workplace Policy.

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How to Fire an Employee in Florida

How to Fire an Employee in Florida

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The State of Florida is an employment-at-will jurisdiction. What that means is, employers can terminate their employees with or without cause. In most situations, employers don’t have to provide advance termination notice. Although employers can typically let their employees go without notice or cause, federal employment laws are a little different, and require them to provide termination notice if they terminate a large number of employees. Anti-discrimination employment regulations prohibit employers from firing their employees, if they are discriminating against them or for other malicious reasons. Florida employers must comply with anti-discrimination laws, advance notice requirements and last paycheck laws when it comes time to fire an employee.

Florida gives employers the option of terminating any employee at any time, for any reason, or for no reason at all. Sometimes employee agreements or contracts contradict the at-will policy. If you have an employee contract, check the wording, or have a lawyer look it over for you, to make sure where you stand. You should document instances of poor performance and tardiness, and maintain good records of employee performance reviews and any previous disciplinary interventions. This will provide legitimacy to your actions and prevent any complaints, lawsuits or accusations that termination was discriminatory. Keep these records, even after the employee has left, and have a cheat sheet of documented performance lapses on hand to refer to during the termination meeting.

You have to comply with federal whistle-blowing laws. Firing an employee based on a previous complaint alleging your failure to comply with health and safety regulations, wage laws or your failure to comply with any other state or federal employment law, is illegal.

COBRA is a federal law that applies to employers with more than 20 employees. If these employers administer a group health plan, they are required to offer terminated employees, their spouses and dependents the option of temporary continuation of health coverage at group rates. Terminated employees may be excluded from the plan if they were fired for gross misconduct.

Pay your terminated employee by your next regular payday following termination. The U.S. Department of Labor does not require that you pay your terminated employees immediately, and the Florida Agency for Workforce Innovation, which administers the state’s labor laws, does not require you to pay your employees until your next regularly occurring pay date.

Nobody likes to fire or be fired, but to make it simpler, you can briefly deliver the news by summarizing the well-documented, job-related reasons for the termination. That way, while the employee may not like it, he or she will have little to dispute. Allow them to offer what they have to say, and listen. Always avoid using any harsh words during termination meetings that would serve only to inflame the issue. Stick to the facts; don’t make generalizing statements.

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How to File a Workers Compensation Claim

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Workers’ compensation laws are there to protect workers who get hurt on the job. They are there to ensure that employees who are injured or disabled on the job are provided with a monetary settlement, without litigation. Workers’ compensation laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents.

The Federal Employment Compensation Act provides workers’ compensation for non-military, federal employees. Many of its provisions are typical of most workers’ compensation laws. Awards are limited to “disability or death” sustained while in the performance of the employee’s duties but not caused willfully by the employee or by intoxication. The act covers medical expenses due to the disability and could require the worker to undergo job retraining. A disabled employee receives two-thirds of their normal monthly salary during the time they are on disability, and may receive more for permanent physical injuries or if they have dependents.

If you’ve been injured or gotten seriously ill while at work, you may need to file a workers’ compensation claim. Workers’ compensation pays for medical care, rehabilitation, and some wage replacement if you have to miss work. To get these benefits, you must file a claim and follow the procedures carefully. An attorney can assist you in filing your claim.

First, if you’re hurt, get medical attention. Then tell your employer of your injury as soon as possible. In Florida you have 30 days. Usually, your employer will have claim forms for you to fill out and submit or can obtain a form quickly. After that, it’s your employer’s responsibility to submit the paperwork to the proper insurance carrier. After you or your employer report the injury to the insurance company, many companies will have an insurance claim adjuster call you within 24 hours to explain your rights and obligations.

If your claim is not disputed, it will be approved and an adjuster for the insurance company will contact you or your employer with instructions on how to submit your medical bills for payment. Hopefully everything will go smoothly. But sometimes employers will fight your claim, in an effort to keep their workers’ compensation rates down. The best way you can counteract such disputes is by producing good documentation, including complete medical records, of your injury and treatment.

If your injury is not permanent and you didn’t miss any time from work, getting payment for your medical bills will probably be the extent of your claim; there won’t be much else for you to do. If you are temporarily unable to work because of your injury, you will also begin receiving checks to cover your wage loss, usually within a week or two after your claim is approved. Your employer will notify the insurance company to stop sending you wage-replacement checks as soon as you recover and return to work.

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Should employers utilize handbooks?

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An employer is not required by law to have an employee handbook. However, in most cases, it is highly recommended. An employee handbook is a great resource because it provides a centralized set of guidelines for the employer’s policies and procedures. Oftentimes, the source of employee disputes concerns a lack of understanding of employer expectations. In addition, unwritten rules and policies can lead to inconsistent treatment among staff. This, in particular, can be problematic.

An employee handbook should include at a minimum:

  • A statement regarding the at-will employment relationship
  • An equal employment opportunity statement
  • A policy regarding sexual and other types of harassment in the workplace
  • Internet access, e-mail, and voice mail policies (make sure your employees understand they have no expectation of privacy)
  • The Family Medical Leave Act
  • Policies concerning vacations, sick time and personal time
  • An anti-discrimination policy

Different types of businesses will have different needs in terms of policies and procedures and undoubtedly there are a number of other policies that should be included in your handbook that are not identified above. You will need to evaluate your needs on an ongoing business. For instance, if you operate a business that is document-intensive, a document retention policy would be a good idea.

Regardless of what your policies and procedures are, your work does not stop with the creation of handbooks. The most important aspect of your handbook is education. Your employees must have a good understanding of what your policies are and this will require training. It would be a good idea to maintain both a written and electronic version of your handbook and to provide training sessions for all employees to discuss and explain all of your policies. Keep in mind that your business will always be a work in progress and that you should continuously reevaluate your handbook and update when necessary.

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Does the Law Require Your Employer to Pay You Overtime Pay?

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A dozen Jacksonville area residents are suing Dollar General claiming the company owes them unpaid wages. The suits included a total of 791 individuals from all over the U.S. All the Dollar General suits claim that the company has a policy of classifying employees as salaried managers who work an average 60 to 90 hours per week when they perform managerial duties for only about five to 10 hours per week and the remainder of the time they perform non-managerial duties.

There have been several lawsuits in recent years where employees have had to fight a classification made by their employers to make them salary to avoid paying overtime when they were actually hourly employees. Most people in the US work force have the heard the terms “exempt” and “non-exempt,” but what do they mean? The basic law is that employers are required by the Fair Labor Standards Act (FLSA) to classify their employees as either exempt or non-exempt.

If your job is classified as non-exempt, this means your employment is subject to the rules laid out in the FLSA. The basics are that you are paid hourly and you must be paid overtime pay if you work over 40 hours a week. If your job is exempt you are not subject to the 40 hour work week, minimum wage, and overtime rules. Usually these positions are described as “salaried” instead of as “exempt” and include executive, administrative, professional, and outside sales positions.

Many jobs fall into the grey area in between which is why there have been recent lawsuits against Dollar General and others. There are several factors the courts use to evaluate whether an employee is hourly or salary and it is important to look into your rights if there is any doubt in your mind about whether you should be an hourly employee.

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Social Media in the Workplace

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Social media in the workplace and an employer’s ability to control it is a hot topic in today’s technological world. The United States Supreme Court recently said it will review a federal appeals court ruling that sided with Ontario, California police officers who complained that the department improperly snooped on their texts. Typically the courts have enforced the notion that any company hardware used by employees to send text messages, emails, etc. is the property of the employer and thus, the employer has the legal right to review the messages.

The federal appeals court in the California case distinguished the text messages at issue by the fact that the employees had paid their own money for text messaging capability. Nevertheless, while the United States Supreme Court has ruled it will hear the case, it is anticipated that the high court will side with the employer. Facebook, Twitter, LinkedIn, blogs , Google and IMs have all led to new concerns and risks for employers. For example, does an employer have the right to terminate an employee who posts a nude picture of himself or herself on Facebook on his or her own private time? It is quite possible under that scenario that the employee may have a viable defense that such action violates private rights.

Where’s the line between prudent monitoring and invasion of privacy? Whether you are an employee or an employer, you have to be concerned about the use of social media whether on the clock or not. It is very important that employers develop effective policies specifically regarding social media and that they apply such policies uniformly. For those employers out there, keep in mind that while you may be able to monitor emails, text messages and the like, various states, including Florida, have enacted laws making it illegal to listen in on and record your employees’ telephone conversations without their knowledge.

If you have any questions about social media or any other employment law issues, you should consult an attorney.

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