Articles for July 2008

Manage a Multigenerational Work Force  - With older and younger employees working side by side, employers may have difficulty figuring out how to manage their multigenerational work forces.

Employee Handbooks Can Help Protect Against Liability  - To minimize legal exposure, an employer may choose to include certain policies in its employee handbook.

Employers Face Treble Damages for Wage Violations  On April 3, the Massachusetts legislature passed a bill that would affect all employers doing business in the commonwealth.

Manage a Multigenerational Work Force

With older and younger employees working side by side, employers may have difficulty figuring out how to manage their multigenerational work forces. It helps to understand what those employees want from their managers.

Research indicates that baby boomer employees are cautious because they need time to "think things through," according to a 2006 study from management training firm RainmakerThinking.

Members of Generation X and Y "want work that's challenging and meaningful and not repetitive," says John Gray of global outplacement firm Challenger, Gray & Christmas.

Employers can draw on the strengths of each generational group by being aware of the abilities that all employees can bring to their assignments, no matter how old or young they are.

Source: Jennifer Peltak, American Staffing Association

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Employee Handbooks Can Help Protect Against Liability

To minimize legal exposure, an employer may choose to include certain policies in its employee handbook. Under some circumstances, an employer can be legally bound by the provisions in its employee handbook based on the theory that the handbook constituted an implied contract.

An employer can minimize the risk of being contractually bound by including a properly drafted, prominently displayed disclaimer that clearly states that the employment relationship is at will and that the employee handbook is not intended to create a binding contract. Each employee should acknowledge in a signed statement that he or she received a copy of the handbook and understands that it does not create a contract of any kind.

A written policy prohibiting harassment because of sex, race, or other protected category, and containing a complaint procedure, is also recommended. An employer's policy and procedure for dealing with sexual harassment is a significant factor in determining the extent of an employer's liability for the harassment of one of its employees.

Source: Stephen Dwyer, American Staffing Association

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Employers Face Treble Damages for Wage Violations

On April 3, the Massachusetts legislature passed a bill that would affect all employers doing business in the commonwealth. The bill would make awards of triple damages mandatory for all violations of Massachusetts wage and hour laws, including inadvertent violations, with no exceptions. A similar bill was passed in 2006 but was vetoed by Mitt Romney, who was governor at the time.

The bill would overturn a 2005 state Supreme Court ruling that gave courts discretion to decide whether to award treble damages. After the bill was introduced earlier this year, current Gov. Deval Patrick argued that removing all judicial discretion was unfairly punitive. The governor urged that the bill be amended to allow courts to award less than treble damages in cases where an employer can clearly show that it acted in good faith. His proposal was rejected by the Democratic-majority legislature.

Business groups strongly opposed the bill on the grounds that employers would be unfairly punished for unintentional wage violations and that it would wreak economic harm by creating a major disincentive for companies to do business in the state.

Gov. Patrick has 10 days to sign the bill into law or veto it and return it to the legislature for a possible override vote. Should he veto the bill, the legislature may not have sufficient votes to override

Source: Anne Duffy, American Staffing Association

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