Yes, it has been a while since I have blogged. One of my New Year's Resolutions is to blog much more often. In fact, I am starting NOW!
'Tis the Season, which means many employers are planning their annual Holiday Party. I frequently get calls about whether to have a party or not, serve alcohol or not, after hours or not, etc. Without meaning to sound like a current-day Scrooge, if asked my opinion, I will typically recommend against serving alcohol at a company Holiday Party. And, when that suggestion is met with negative reactions, I offer several suggestions as to what employers can do to minimize their risks of "holiday cheer" becoming "holiday jeer." I recently recorded a podcast on this topic, which can be downloaded via iTunes, or which can be found at http://employerhelpcast.blip.tv/file/523311/. You can also find this podcast, as well as other podcasts I have recorded, at www.employerhelpcast.com., and then click on "podcasts."
One of the things I do recommend is that employees need to be reminded that, even though the party is voluntary (since it really needs to be to have any chance of limiting liability), and off of work premises, and not during working hours, work rules apply. One way that I suggest employers reinforce that behavior is by reissuing their sexual harassment and drug/alcohol policies right before the party. If you would like to see what I recommend these policies look like, you can download my sample policies by going to http://www.employerhelpcast.com/Downloads.html.
While we are on the subject of interesting downloads, I also have posted a new download on my website, all about the "Top 10 Mistakes Good and Honest Employers Make." You can get it, free of charge, by visiting http://www.employerhelpcast.com/Downloads.html
And, since we are talking about drug use policies, I wanted to follow up on one of my earlier blog entries, about "sex, drugs, and rock 'n' roll." At least I would like to revisit the "sex" and "drugs" parts.
As you likely know by now, California finally passed final regulations regarding the sexual harassment training requirements that went into effect. The regulations did a great job of clarifying some of the questions employers had about who needs to be trained, who can conduct the training, what must be included in the training, and how often the training must be conducted. My podcast on this can be downloaded either via iTunes, or can be found at http://employerhelpcast.blip.tv/file/337812/ or at www.employerhelpcast.com.
When talking about "drugs," I am referring to drug use in the workplace. One of the most controversial issues in California relates to the interaction between the compassionate use of medical marijuana and the workplace. On November 6, 2007, the California Supreme Court heard oral argument in the highly-controversial case of Ross v. RagingWire. At issue in Ross is whether an employer must retain as an employee an individual who fails a properly-administered drug test due to the compassionate use of medical marijuana. The oral argument was fascinating. Check out my comments about the oral argument at http://www.employerhelpcast.com/Compassionate_Use_of_Marijuana.html.
That, sort of, brings us up-to-date on some of the new legal issues and developments. Please check out my www.employerhelpcast.com, for all sorts of information about new legal developments in the area of employment law. And, if you would like to hear a podcast on a particular topic or see a blog entry or article, please let me know.
Until I blog again, have a safe, healthy, peaceful and prosperous holiday season.
Monday, December 10, 2007
Sunday, June 17, 2007
Sex, Drugs and Rock 'n Roll
Welcome! You don't need to be a child of the sixty's to have heard the term "sex, drugs and rock 'n roll." Just the saying conjures up memories. Or, maybe, it doesn't. That could be the symptom of too much "sex, drugs and rock 'n roll!"
Most people don't think of their workplace when they think of "sex, drugs, and rock 'n roll." Well, my plan is to change all of that. My newest series of Employer HelpCasts is all about how knowing about those three topics is vital to your operations. If you haven't visited them yet, you can listen to and download my Employer HelpCasts at http://employerhelpcast.blip.tv.
In the first of this three part series, "sex," I address the topic of sexual harassment in the workplace. All employers are required to provide all employees with a harassment-free workplace. It only makes sense. Employees that aren't being harassed are happier and more productive. Happier and more productived employees are better for your business. But, while most people have an idea of what sexual harassment is, there is a lot of stuff that happens at the workplace that could be sexual harassment, that people don't necessarily think is sexual harassment. What about repeating a joke you heard on Leno? Listening to Howard Stern on the radio? Having rap music on the radio in a lunchroom? How about sharing a friendly hug or easing the tension in someone's shoulders with a brief massage? While there are no "hard and fast" rules as to what conduct is sexual harassment, knowing that any conduct that can be perceived as sexual harassment may create a sexually hostile work environment is vital to every employer's operations. In this HelpCast, I go into some examples, and explain how employers can provide their employees with a harassment-free workplace, and at the same time shield themselves from liability for any such claims.
In the second of this series, "drugs," I will address issues of drug and alcohol use and testing in the workplace. California, where my office is, has strict rules regarding when applicants for employment and employees can be tested for drug and alcohol use. California's Constitution provides all individuals with an express "right to privacy," which prevents employers from conducting drug and alcohol testing except under certain circumstances. Other states, where my firm, Ford & Harrison LLP (www.fordharrison.com), has offices, have other legal requirements. In this HelpCast, I will address drug and alcohol workplace issues and laws, testing, and various requirements to accommodate employees with drug and alcohol problems. Additionally, I will discuss the current state of the law in California regarding the medical use of marijuana, and how that impacts your rights as an employer.
In the third HelpCast of this series, "rock 'n roll," I discuss a topic near and dear to most Californian's hearts - earthquakes! More to the point, this HelpCast will address disaster preparedness in the workplace, and what employers should do to make sure that their employees are prepared in the event of a natural disaster while in the workplace, and how to protect business operations if there is such a disaster.
I hope you enjoy this blog and these HelpCasts. If you would like to discuss these or any other employment-related topics, or maybe suggest a topic for a future blog or HelpCast, please either leave a comment here, send me an email at hwasserman@fordharrison.com, or call me at (213) 237-2403. And, of course, if you want to find out more about who I am and what I do, please visit the interview produced by Peter Brusso at infocard.cc (www.infocard.cc) which can be found at the EmployerHelpCast at http://employerhelpcast.blip.tv.
Thanks!
Most people don't think of their workplace when they think of "sex, drugs, and rock 'n roll." Well, my plan is to change all of that. My newest series of Employer HelpCasts is all about how knowing about those three topics is vital to your operations. If you haven't visited them yet, you can listen to and download my Employer HelpCasts at http://employerhelpcast.blip.tv.
In the first of this three part series, "sex," I address the topic of sexual harassment in the workplace. All employers are required to provide all employees with a harassment-free workplace. It only makes sense. Employees that aren't being harassed are happier and more productive. Happier and more productived employees are better for your business. But, while most people have an idea of what sexual harassment is, there is a lot of stuff that happens at the workplace that could be sexual harassment, that people don't necessarily think is sexual harassment. What about repeating a joke you heard on Leno? Listening to Howard Stern on the radio? Having rap music on the radio in a lunchroom? How about sharing a friendly hug or easing the tension in someone's shoulders with a brief massage? While there are no "hard and fast" rules as to what conduct is sexual harassment, knowing that any conduct that can be perceived as sexual harassment may create a sexually hostile work environment is vital to every employer's operations. In this HelpCast, I go into some examples, and explain how employers can provide their employees with a harassment-free workplace, and at the same time shield themselves from liability for any such claims.
In the second of this series, "drugs," I will address issues of drug and alcohol use and testing in the workplace. California, where my office is, has strict rules regarding when applicants for employment and employees can be tested for drug and alcohol use. California's Constitution provides all individuals with an express "right to privacy," which prevents employers from conducting drug and alcohol testing except under certain circumstances. Other states, where my firm, Ford & Harrison LLP (www.fordharrison.com), has offices, have other legal requirements. In this HelpCast, I will address drug and alcohol workplace issues and laws, testing, and various requirements to accommodate employees with drug and alcohol problems. Additionally, I will discuss the current state of the law in California regarding the medical use of marijuana, and how that impacts your rights as an employer.
In the third HelpCast of this series, "rock 'n roll," I discuss a topic near and dear to most Californian's hearts - earthquakes! More to the point, this HelpCast will address disaster preparedness in the workplace, and what employers should do to make sure that their employees are prepared in the event of a natural disaster while in the workplace, and how to protect business operations if there is such a disaster.
I hope you enjoy this blog and these HelpCasts. If you would like to discuss these or any other employment-related topics, or maybe suggest a topic for a future blog or HelpCast, please either leave a comment here, send me an email at hwasserman@fordharrison.com, or call me at (213) 237-2403. And, of course, if you want to find out more about who I am and what I do, please visit the interview produced by Peter Brusso at infocard.cc (www.infocard.cc) which can be found at the EmployerHelpCast at http://employerhelpcast.blip.tv.
Thanks!
Sunday, June 3, 2007
Welcome and Introduction
Hello Everyone. I am new to blogging and podcasting. So, I was thinking to myself "If I were going to find someone's blog to read or podcasts to listen to, what would I want to know about the person writing or podcasting before I spend my time?" That's what this first post is going to be about. Who I am and why I want to share my information with you.
Now, of course, those of you who want to actually see me while listening to me, you can check out the video interview done for me by Peter Brusso of Infocard.cc, by going to my helpcast at http://employerhelpcast.blip.tv. But, here is my story (at least as far as why I am doing this blog and podcasts.
Twenty years ago, in a galaxy far, far away (ok, not so far away, it was San Diego, California), I graduated law school. I had no idea what area of law I really wanted to practice in. To this day, I think the fact that I was interviewed by a labor and employment law firm was an accident, a mistake, since I never applied to work with any labor and employment law firms. Call it fate, but I was offered a position to work in a Firm whose practice was devoted exclusively to representing employers in labor and employment law matters. I had been an employee, had not been an employer, but I thought it would be interesting to learn more about the dynamics of the employment relationship. So I accepted the job. I never looked back, and have exclusively worked in this area of law since my first day out of law school.
I have worked with big companies and small ones, in probably every possible industry that exists. And, while every business operates differently, I think there are some "truths" that cross size and industry lines, and pretty much apply across the board. Despite cynics or "popular belief," most companies truly want to treat their employees well. Most employers recognize, as I have always and will always believe, that their employees are their greatest assets. Good employees are what a company needs to succeed, even survive. Bad employees, or employees who believe they are mistreated, can be an employer's worst nightmare. And employers know this. And most employers do their best to avoid having that nightmare.
Unfortunately, not all employers are as educated as they can be about the law of the state(s) where they have employees. Not all employers know the employment and labor laws as well as they should. This does not mean they are "bad" employers or that they are malicious, or somehow trying to treat their employees poorly. It just means that they may not have, or know where to get, the resources or assistance they need.
That's where I come in, and why I hope you find this blog and my helpcasts to be helpful. I have devoted a significant amount of my practice to helping employers answer those "day to day" questions that come up when dealing with employees. Currently, as a Partner with the national labor and employment law firm of Ford & Harrison LLP (www.fordharrison.com), many clients have my direct dial (213) 237-2403, on their speed dial, to call me with questions before they take actions involving their employees. I provide that guidance. I also conduct in-house training for clients, I work with human resources personnel in advising how policies should be created and implemented. I draft handbooks and procedures. I call it "preventive lawyering." I'd like to think it helps keep clients out of trouble.
Sometimes, though, all of the "preventive lawyering" in the world won't prevent a disgruntled former or current employee from suing. In those cases, I fight "tooth and nail" to represent my client's interests and obtain the result my client wants. I work with clients to define what a "win" is for them. Maybe a "win" is fighting "to the death," to prove a point. I am an accomplished trial attorney, and enjoy fighting for my client's rights. Maybe a "win" is a quick resolution, via mediation or arbitration, resolving the case, and moving forward. I do that as well. I always work with clients, upon resolution of a case, to take from it "lessons learned." What can the client learn from the experience? How could a similar situation be handled differently in the future?
In my blog and podcasts, I plan on providing information that could help companies become a bit more informed about labor and employment law. Some of them will be "nuts and bolts" information, and others will provide information about new developments, new cases, legislation, labor laws and employment laws, and the like.
My first series of five podcasts are of the "nuts and bolts" type. The first three discuss California wage and hour topics, like how to decide if someone is an employee or independent contractor, how to determine if your employee is exempt or non-exempt, and various other wage and hour landmines that can get unknowing employers in trouble. The next two deal with how to hire, and how to fire, an employee.
I hope you find this blog and my podcasts helpful. If you do, please let me know, so I will continue doing them. If they don't please let me know, and tell me what I can do to make them helpful.
Feel free to either post a comment here, at http://employerhelpcast.blip.tv, send me an email at hwasserman@fordharrison.com, or call me at (213) 237-2403.
Enjoy!
Helene
Now, of course, those of you who want to actually see me while listening to me, you can check out the video interview done for me by Peter Brusso of Infocard.cc, by going to my helpcast at http://employerhelpcast.blip.tv. But, here is my story (at least as far as why I am doing this blog and podcasts.
Twenty years ago, in a galaxy far, far away (ok, not so far away, it was San Diego, California), I graduated law school. I had no idea what area of law I really wanted to practice in. To this day, I think the fact that I was interviewed by a labor and employment law firm was an accident, a mistake, since I never applied to work with any labor and employment law firms. Call it fate, but I was offered a position to work in a Firm whose practice was devoted exclusively to representing employers in labor and employment law matters. I had been an employee, had not been an employer, but I thought it would be interesting to learn more about the dynamics of the employment relationship. So I accepted the job. I never looked back, and have exclusively worked in this area of law since my first day out of law school.
I have worked with big companies and small ones, in probably every possible industry that exists. And, while every business operates differently, I think there are some "truths" that cross size and industry lines, and pretty much apply across the board. Despite cynics or "popular belief," most companies truly want to treat their employees well. Most employers recognize, as I have always and will always believe, that their employees are their greatest assets. Good employees are what a company needs to succeed, even survive. Bad employees, or employees who believe they are mistreated, can be an employer's worst nightmare. And employers know this. And most employers do their best to avoid having that nightmare.
Unfortunately, not all employers are as educated as they can be about the law of the state(s) where they have employees. Not all employers know the employment and labor laws as well as they should. This does not mean they are "bad" employers or that they are malicious, or somehow trying to treat their employees poorly. It just means that they may not have, or know where to get, the resources or assistance they need.
That's where I come in, and why I hope you find this blog and my helpcasts to be helpful. I have devoted a significant amount of my practice to helping employers answer those "day to day" questions that come up when dealing with employees. Currently, as a Partner with the national labor and employment law firm of Ford & Harrison LLP (www.fordharrison.com), many clients have my direct dial (213) 237-2403, on their speed dial, to call me with questions before they take actions involving their employees. I provide that guidance. I also conduct in-house training for clients, I work with human resources personnel in advising how policies should be created and implemented. I draft handbooks and procedures. I call it "preventive lawyering." I'd like to think it helps keep clients out of trouble.
Sometimes, though, all of the "preventive lawyering" in the world won't prevent a disgruntled former or current employee from suing. In those cases, I fight "tooth and nail" to represent my client's interests and obtain the result my client wants. I work with clients to define what a "win" is for them. Maybe a "win" is fighting "to the death," to prove a point. I am an accomplished trial attorney, and enjoy fighting for my client's rights. Maybe a "win" is a quick resolution, via mediation or arbitration, resolving the case, and moving forward. I do that as well. I always work with clients, upon resolution of a case, to take from it "lessons learned." What can the client learn from the experience? How could a similar situation be handled differently in the future?
In my blog and podcasts, I plan on providing information that could help companies become a bit more informed about labor and employment law. Some of them will be "nuts and bolts" information, and others will provide information about new developments, new cases, legislation, labor laws and employment laws, and the like.
My first series of five podcasts are of the "nuts and bolts" type. The first three discuss California wage and hour topics, like how to decide if someone is an employee or independent contractor, how to determine if your employee is exempt or non-exempt, and various other wage and hour landmines that can get unknowing employers in trouble. The next two deal with how to hire, and how to fire, an employee.
I hope you find this blog and my podcasts helpful. If you do, please let me know, so I will continue doing them. If they don't please let me know, and tell me what I can do to make them helpful.
Feel free to either post a comment here, at http://employerhelpcast.blip.tv, send me an email at hwasserman@fordharrison.com, or call me at (213) 237-2403.
Enjoy!
Helene
Welcome to Employer Help Cast
Welcome everyone to my blog! While I am writing all my new blog material, please visit my podcast: http://employerhelpcast.blip.tv and enjoy!
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