Employee handbooks not only let your employee what you expect of them, it can also protect your company from legal issues. If your company does not currently have a handbook or you're looking to update your existing one, be sure to continue reading.
A Good Employee Handbook
Employee handbooks don’t need to be complicated, but good ones typically contain:
- Your Company’s Anti-Discrimination Policy
- Details of the employee’s compensation, including overtime pay, breaks, and bonuses
- Applicable laws concerning labor, termination, and background checks
- Information about benefits
- Anti-Harassment Policy
The last one, Anti-Harassment Policy, will be the focus of today’s post. Craig Martin, a partner at the law firm Lamson, Dugan, and Murray, recently wrote about this in an article titled, “Employee Handbooks- Your First Line of Defense” on Construction Contractor Advisor. In it, Martin breaks down exactly what should be included in the policy:
- Explanation of what harassment is
- Process for harassment complaints
- The company’s commitment to investigate the claim
- Anti-retaliation clause
What is Harassment?
Any continued intimidating or threatening behavior by one party to another is considered harassment. Many times, people assume the only type of harassment is sexual harassment. While it may be one of the more common forms of harassment, there are many other types, including:
- Sexual Orientation
- Race and Heritage
How the Handbook Protects Your Company
According to Martin, the employee handbook is your first line of defense in a lawsuit concerning harassment. Providing a clear statement against harassment and following through promises of investigation shows your company takes harassment very seriously and that will be taken into consideration in a lawsuit. Martin also states that training your employees on the handbook at least once a year is key to avoiding future issues.
Employee Handbooks—Your First Line of Defense | Construction Contractor Advisor
In January of 2017, OSHA released a final rule which greatly reduced the allowable exposure to beryllium, a mineral that can cause deadly lung disease. While not as commonly encountered in the construction industry as other substances that cause terrible lung diseases, like crystalline silica and asbestos, beryllium is linked to a disease called chronic beryllium disease, which kills around 100 people each year. It’s commonly found in coal slag, which is used for sandblasting. According to the New York Times, OSHA estimates that 11,500 construction workers would be affected by OSHA’s reduced exposure limit.
In a year that OSHA can’t seem to enforce any new rules, it appears to have found a way to remove a rule from its books. As announced last week, OSHA has removed monorail hoists from Subpart CC – Cranes and Derricks in Construction. Employers are still required to follow other OSHA regulations regarding the hoists, but this rule should help clear up some inconsistencies.
Since the beginning of the year, OSHA has had a pretty hard time enforcing any of its new rules due to delays. The silica dust exposure rule was delayed 90 to September 23, the crane certification rule is facing yet another possible delay, and now the electronic injury reporting rule is facing another delay.
For over 60 years, nominal lumber dimensions have been used in lieu of actual dimensions for lumber. That fact hasn’t stopped 2 class action suits, one for Menards and one for Home Depot, from being filed by an Illinois law firm over the size discrepancy, according to the Milwaukee Journal Sentinel.
On January 1, 2017, OSHA officially put into effect a revision to workplace injury and illness reporting that requires certain employers to submit recorded information of these instances electronically. Companies were to submit all of this information from the previous year (2016) by July 1, 2017, but now that due date is in jeopardy.
The worst day on the job is when someone on site gets injured. The 2nd through 500th worst days are the legal battle that follows many of those injuries. Nobody expects accidents to happen, but it’s best to be adequately prepared if one does. That not only includes knowing how to react to injuries with a safety plan, but also making sure your company’s documentation is in order in case lawsuits start flying.
The following article was written by Miami Construction Lawyer Alex Barthet
In a court of law, a contractor’s daily reports are critical. In many instances, they are considered key evidence showing what actually occurred at specific times on the job. And since people’s memories fade, a court will likely rely heavily on what the daily reports say happened (especially when presented with a corroborating witness).
Softwood lumber, often used for structural framing and decking, among other uses, may be seeing a price increase in the US in the near future. On Monday, the U.S. Department of Commerce (DOC) has announced that they will be imposing tariffs of up to 24% on all softwood lumber imported from Canada.
The following is a guest post written by Laurence Banville, Esq.
Construction is on the rise again, especially in the Northeast region of the U.S. The attractive landscapes of Maine, Vermont, New Hampshire, Pennsylvania, and New York are drawing people back to the east coast. People are finding that they can get that country home feel with metropolitan access, and most are building new homes and businesses in these states for that very reason. Of course, with new and increased construction comes new and increased personal injury cases. Newer technology and methods of construction are also changing the frequency and types of injuries too. All those changes seem to be changing construction law practice.
In February, the House of Representatives voted 236-187 on a resolution to block the ‘blacklisting' rule, sending it to the Senate for a second vote. The act would have given the federal government the ability to disqualify contractors if they violated any of the 14 labor laws, which can be found here, over the past 3 years on any project totaling $500,000 or more