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8 Ways Social Media Can Land You in Hot Water

8 Ways Social Media Can Land You in Hot Water

The growing popularity of social media brings potential landmines for employers trying to navigate the hiring process and address and manage employee conduct. Here are eight social media practices that may be cause for concern: Learning about protected characteristics on social media and allowing it to influence hiring decisions. Federal, state, and local laws prohibit employers from making employment decisions based on protected characteristics, such as age, race, color, sex, religion, and disability. One of the risks of using social media during the hiring process is the potential for the search to inadvertently reveal this type of protected information. If you intend to use social media during the hiring process, make sure you are taking steps to prevent protected information from influencing decisions (intentionally or unintentionally) and base all decisions on lawful, job-related criteria. Consider choosing someone outside the decision-making process to conduct the searches, give them a list of job-related criteria for which to search, and instruct them to provide you a list of all candidates who meet...

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7 Policies & Documents to Review Now

7 Policies & Documents to Review Now

It’s a best practice to review policies, posters, and forms periodically to ensure that they adhere to applicable laws and evolving company practices. Since the New Year typically brings a host of new laws, now is a good time to conduct this review. To help you get 2018 started on the right foot, here are some tips for conducting a successful review. #1: Sexual Harassment Policies Some states, such as Massachusetts and Maine, require employers to have a policy against sexual harassment and to distribute the policy to employees annually. Other states have specific policy requirements as well. In the absence of a state requirement, it is a best practice to have a comprehensive policy that aims to effectively prevent and respond to sexual harassment, especially in light of the wave of complaints that received national attention in 2017. In general, policies should: Clearly state that sexual (and other forms of) harassment and retaliation are prohibited. Define sexual (and other forms of) harassment and include examples of prohibited conduct....

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Avoid These Traps When Disciplining Employees

Avoid These Traps When Disciplining Employees

When an employee’s conduct or performance becomes an issue, employers need to take steps to correct the problem and prevent it from reoccurring. This isn’t always easy, and additional problems can arise if you don’t handle the situation carefully. Here are some discipline related pitfalls to avoid: Inconsistency. Disciplinary practices that reflect favoritism, or otherwise treat similarly situated employees differently, can lead to discrimination complaints and decreased morale. Train supervisors on how to enforce your policies and procedures on a consistent basis. Before disciplining an employee, look at how you handled similar situations in the past and make sure decisions are reviewed by more than one individual (such as, HR and an impartial member of the management team). Lack of flexibility. While policies should be enforced consistently, reserve the flexibility to take disciplinary action based on the facts and circumstances of each case. For example, don’t state that a verbal warning will be given for all first offenses no matter how severe. In your employee handbook, make clear that...

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Workplace Compliance Spotlight: Employee Handbook Best Practices

Workplace Compliance Spotlight: Employee Handbook Best Practices

Employee handbooks help employers communicate rules, benefits andother important information to employees. An up-to-date employee handbook can help employers comply with certain requirements and can inform new hires and employees of your business’s policies and practices. However, understanding which policies to include and how to properly maintain a handbook can be a challenge. If your handbook isn’t drafted carefully, certain policies may conflict with federal, state, or local law. Watch the first in our Workplace Compliance Spotlight webcast series and get critical insights and best practices on employee handbooks, such as: What makes an employee handbook effective Why you need to keep your handbook updated How to use your handbook to manage social media, dress codes, and other workplace issues Critical policies to include and what to avoid Tips for distributing your handbook and obtaining employee acknowledgments ADP remains at the forefront of helping employers understand the complex compliance, financial, and strategic issues surrounding workforce management. Tap into our expertise to ensure you’re in the best shape possible for...

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