1. Update employee handbooks, including review of rules the Labor Board may consider overbroad and thus unfair labor practices.
2. Update reasonable accommodation policies, particularly as regards to new pregnancy-related laws and religious accommodation rulings.
3. Make sure appropriate person in each facility is designated to receive FMLA requests and harassment complaints and employees receive sufficient notice of the designation.
4. Review effectiveness of internal complaint procedures in light of increased employee activism and Labor Board rulings related to card-check situations during union organizing.
5. Review hourly recordkeeping issues that have continued to be litigated over preliminary and postliminary work activities and new ruling casting doubt on "rounding off" timekeeping procedures.
6. Address changes in harassment policies required by new EEOC Guidance.
7. Review non-compete/confidentiality agreements in light of recent legal attacks from state and federal governments.
8. Review contractor agreements with third parties, in light of new standards on joint employment and independent contractor relationships.
9. Review severance agreements to address non-disparagement provisions and other contractual conditions in severance agreements in light of new rulings.
10. Review legal implications of electronic communications, AI and predictive analytics.
11. Review DEI and affirmative action programs in light of new legal rulings.
12. Come up with better procedures to effectively handle employer accommodation obligations.
13. Review your annual safety training agenda and your annual and periodic certification requirements.
14. Conduct an intensive safety and health walk-through of the facilities.
This article is part of our February 2024 Newsletter.
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