Spring Cleaning for Hospitality Employers Part 1

-
This is the time of year when most people review their assets and insurance elections, clean our their closets and attics and discard unnecessary belongings.  In the spirit of spring cleaning, it is also a good time for hospitality employers to review their policies and procedures to ensure they do not run afoul of ever-changing employment laws. This blog article will be the first of several parts to provide tips and suggestions for this important project.

For a good place to start, dust off the employee handbook, personnel manual, or whatever you have that advises employees of the company's policies and procedures, read it from cover to cover, and ask yourself these questions:
  1. Does it contain an at-will employment disclaimer?  If so, does it comply with the recent ruling by the National Labor Relations Board (NLRB) regarding appropriate language?
  2. Does it contain any type of confidentiality or other provision that prohibits employees from discussing salaries?  
  3. If your company is subject to the Family and Medical Leave Act (FMLA), is your policy updated to reflect the newest regulations?
  4. If your company is subject to the FMLA, is it using the FMLA forms expressly blessed by the United States Department of Labor?
  5. Does it address lactation breaks and a private place for new mothers to express breast milk?
  6. Does it contain a social media policy?  If so, is it NLRB compliant?
  7. Does it address all types of prohibited harassment, discrimination, and retaliation, or does it only address sex harassment? 
  8. Does it advise employees of the company's tip credit policy?
  9. Does it prohibit unauthorized overtime?
  10. Does it prohibit all weapons on company property?  If so, does it violate Texas' "Guns in the Parking Lot" law?  
  11. Does it include a reasonable accommodation policy that complies with the Americans with Disabilities Act, as amended? 
  12. Does it address severance pay, pay for unused vacation, and payment upon termination or resignation?
  13. Does it contain a code of conduct?  If so, is it narrowly tailored to comply with the NLRB's recent rulings?
  14. Does it include, or reference, a payroll deduction authorization form?
  15. Does it require employees to pay for uniforms?  
  16. If the company has a drug testing policy, does it include a prohibition against synthetic drugs?
  17. If the company has a no-smoking policy, does it address vapor cigarettes?
  18. Does it prohibit the hiring or promotion of employees based on felony convictions or arrest records?  
  19. Does it address exempt versus non-exempt employees?
  20. Does it contain a handbook acknowledgment form, a signed copy of which is maintained by the employer?
Based on your answers to this initial set of questions, you may find that the company's policies and procedures are non-existent, outdated or even unlawful.  If you are unsure why all of the answers to these questions matter, consult counsel.  






Comments

Post a Comment

Popular posts from this blog

(Un)Intended Consequences? Can Employers be Sued Under the New Texas Heartbeat Act?

-
On September 1, 2021, the most restrictive abortion law in the country went into effect in Texas.  Known as the "Texas Heartbeat Act," the statute, which creates a new subchapter of Chapter 171 of the Texas Health and Safety Code, privatizes a right of action against people who aid and abet abortions in violation of the new law. More specifically, the statute provides that "any person" other than a state actor can bring an action against "any person" who: knowingly engages in [or intends to engage in] conduct that aids or abets the performance or   inducement of an abortion , including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter. ..(emphasis added). How could this affect employers?   First, how broadly will c...
Read more

Ten Things Texas Employers Need to Know About the New "No Need for a Firearm Carry Permit" Law

-
 At a time when gun violence is increasing across the country, and based on publicly available data, Texas currently ranks second in the nation (behind Illinois) in mass shootings for 2021, the Texas Legislature enacted the Firearm Carry Act of 2021.  Here's what Texas employers need to know: 1.     The effective date of the new law is September 1, 2021. 2.     The law applies to persons 21 years of age or older and not otherwise prohibited by state or federal law from possessing a firearm, and to those 18 years or older in the military. 3.    Persons who meet the criteria in #2 above will be able to carry a firearm without a government issued license or permit, which means they will not be required to take gun safety and handling courses as a prerequisite to carrying. 4.     The law does not prohibit an employer from prohibiting an employee who lawfully carries without a permit from possessing the firearm on the employer's premises. 5....
Read more

Are Private Employers Ready for the New Sexual Harassment Laws in Texas?

-
Texas is considered an employer-friendly state, so it may come as quite a surprise that several bills that significantly impact sex harassment law passed, without fanfare, in the last legislative session, and go into effect today, September 1, 2021.  More specifically, the legislature amended several sections of Chapter 21 of the Texas Labor Code, which includes the state's version of Title VII, to be more in line with the laws of California.  Here's what employers need to know: First, the legislature amended Chapter 21 to provide that with respect to sexual harassment , an "employer" is a person who employs 1 or more employees or "acts directly in the interest of an employer in relation to an employee."   What does this mean and why does it matter?   Until today, Chapter 21 has applied to employers with 15 or more employees; therefore, this amendment now covers virtually every employer with respect to sex harassment claims.  It also means that indivi...
Read more