In helping employers with their written employment policies, we are often asked whether it is necessary to have a policy regarding employees’ use of cell phones for work purposes while driving.  The answer, as is often the case, is “it depends.”  If your employees drive as part of their job or commonly use their cell phones for work purposes while driving, then your company should address cell phone use while driving in a written policy.  A well-written policy can not only reduce the likelihood of accidents caused or contributed to by distracted driving, it can also help reduce your company’s liability in the event of an accident caused or contributed by your company’s employee.
Continue Reading

About a year ago, 10 days after the Harvey Weinstein sexual harassment story broke, Alyssa Milano tweeted “– if this has happened to you tweet #MeToo.” In the first 24 hours after that tweet rocked the nation, Facebook had 12 million Facebook posts and a movement was born. The movement is creating new landscapes for

If you’re an employer with questions regarding employee marijuana use, you’re not alone.  State and local governments are increasingly paving the way for cannabis use at what is generally viewed as a rapid pace. In addition to states where legislatures are acting independently to pass cannabis-related laws, in every election cycle, more marijuana-related issues find

Don’t assume that men can’t sexually harass other men (or women can’t harass other women), or otherwise discriminate against them in violation of the civil rights laws. In August of this year, the Seventh Circuit Court of Appeals issued a decision involving allegations of sexual harassment by a male employee against his male coworkers and

When I prepare a drug and alcohol testing policy for Minnesota clients, they often tell me it is their understanding that although post-accident testing is permitted under Minnesota law, it is prohibited by OSHA. Their perception that post-accident testing is unlawful is based on a 2016 change in OSHA’s reporting and retaliation policies, to prohibit

Employee trade secret theft is a significant problem faced by many businesses. It is unfortunately all too common for a departing employee to take valuable confidential information from the former employer to the new workplace. An employer may use a number of legal strategies to stop the theft and misuse of its trade secrets by

In closely-held businesses, it is common for owners to also work as employees. Often, their primary source of income is not from distributions of the business’ profit, but rather their regular salary. This is particularly true for service professions such as accountants, consultants, and medical professionals. The dual role of employee and owner can cause

A common question asked by employers, particularly new and/or smaller companies, is whether they should create an employee handbook. Although companies are not legally required to have an employee handbook, there are several important reasons (legal and non-legal) why they should do so.

Communicate to Employees What is Expected of Them

Handbooks are useful to