Employee Handbooks: Essential Compliance Updates for 2022

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MP: Good afternoon, and thank you for joining us today for employee handbooks essential compliance updates for 2022 i’m amy Lehman head of marketing here at MP.

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MP: For those of you joining us on a webinar for the first time.

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MP: MP, is a full service human capital management company offering a complete suite of products and services to support employers through the entire employee lifecycle.

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MP: Including recruiting HR payroll benefits administration time and attendance and compliance assistance.

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MP: We support our clients with cutting edge technical solutions, as well as proactive reliable service and deep HR and payroll expertise at MP, we are wired for HR and help our clients succeed by aligning their people strategy with their business goals.

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MP: I am thrilled to introduce our presenters for today.

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MP: Jen Surrey and Mary Jane Stewart two phenomenal members of our HR team here at amp T.

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MP: Jen is a sherm certified HR partner here at MP, she received her BA from Clark university and previously managed HR for the Northeast division of a national nonprofit organization.

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MP: Jen loves building relationships with their clients well helping them meet their HR goals.

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MP: Mary Jane Stewart is also an HR partner here at NP she provides HR support to businesses in a variety of industries.

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MP: Mary Jane has over 30 years of HR experience providing strategic and tactical support to leaders of organizations in various aspects of hr.

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MP: Her specialties include organizational and policy development performance management employee relations compliance compensation training and other related HR areas.

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MP: Just a few housekeeping items before we open the webinar today if you’d like to submit a question during the program please use the Q amp a feature at the bottom of your screen and we’ll address questions at the end of the Program.

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MP: And a recording of the webinar will be sent out later today, along with the slides and with that i’m going to hand the MIC off to Mary Jane.

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MaryJane Steward: Thank you so much amy and welcome everyone and at Jen and I are happier with us today, and we wanted to let you know that this is a is is.

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MaryJane Steward: This trainees intended for educational and informational purposes, we are not attorneys so we ask that you don’t construe this as legal advice, but we do hope that you will you will learn from this from this training.

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MaryJane Steward: So we’re going to be talking, today, obviously about handbooks and we’re going to be talking about the importance of of a handbook for a business, and also for the employee.

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MaryJane Steward: And what policies to have in the handbook and updates that will be occurring or have occurred or will be occurring in.

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MaryJane Steward: Also code considerations for handbooks and or denham’s and also mistakes to avoid.

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MaryJane Steward: So, in a hand the handbook gives employees a detailed overview of policies that are specific to your organization.

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MaryJane Steward: Along with other key guidelines and benefits, so, in a nutshell, in a nutshell it’s a clear expectation, for your employees, while.

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MaryJane Steward: Also, stating your legal obligations as the employer and defining the employees rights, and it can help protect your business against any lawsuits employee lawsuits or claims, such as wrongful termination harassment and discrimination it’s a.

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MaryJane Steward: it’s a an introduction to your business also for your new hires and provides insight into your your business your mission your values your culture, you really should make your handbook your own so often, we will see.

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MaryJane Steward: You know clients that come to us and start working with us from an HR perspective they’ll they’ll take a handbook that somebody gave them that isn’t specific to their to their business and you definitely want to make sure that it is geared towards your your business and and it also.

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MaryJane Steward: It it gives communication expectation, the the employee handbook can help.

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MaryJane Steward: With compliance for state and federal laws also be that go to resource for employees to answer questions that they may have, but also showcase.

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MaryJane Steward: showcase your benefits and it’s definitely a tool for managers as well, so that they are treating and working through any workplace issues or or policies with consistency so consistency and fairness and applying workplace rules is key, and you also.

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MaryJane Steward: Having a handbook is is very important for for you as an employer to be able to defend maybe an employment situation if.

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MaryJane Steward: You know if if a handbook was given out with policy reviewed it the employee signed off on it it’s a good Defense if.

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MaryJane Steward: You know, someone says oh I didn’t know, I was supposed to come to work, you know and and well there is an attendance, you know, a need to come to work, so I mean you want to have those those things in place in the handbook.

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MaryJane Steward: And, and also it looks it helps you to look very buttoned up also if you’re in a court of law, and someone you know you’re there because of a wrongful termination suit.

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MaryJane Steward: And the you know the judge or an attorney says well what’s in your handbook and like well well when we told them about this or that.

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MaryJane Steward: Well, you didn’t give it to them in writing it’s it’s a it’s really It makes you look more professional and we, as we all know, to in this day and age, where it’s so hard to.

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MaryJane Steward: Find employees and keep employees looking like you’re buttoned up, you know as an employer and you have that document is it it’s a good thing for you as the employer as well.

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MaryJane Steward: And when you’re looking at, as I mentioned before you want your handbook to to be a reflection of you as your organization so.

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MaryJane Steward: One size does not fit all so the company size, you know the laws that you’re going to have to follow is really is based on the numbers of.

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MaryJane Steward: That you have of employees, as well the locations, that you are in if you have people working.

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MaryJane Steward: And living in a state that you is not where your company’s offices are and we’re finding that is happening quite a bit now because.

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MaryJane Steward: You know there’s a lot of people that are working remote, you need to follow the employment laws we are that employee is working.

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MaryJane Steward: And you know that this could mean setting up in those states for payroll taxes workers COMP you know, unemployment, all of those types of things.

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MaryJane Steward: Also, looking at your industry because certain industries, whether it may be your government contractor or, if you have a Union, you know there’s going to be different considerations.

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MaryJane Steward: But your industry may have specific laws that you need to follow that another dozen, for instance.

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MaryJane Steward: Transportation you may have you know Department of Transportation laws that you have to follow that.

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MaryJane Steward: You know, a an office setting may not, they may not have that and then also you know what is your work, work force look like.

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MaryJane Steward: Diversity, you know is is key to all organizations, you may have a diversity equity and inclusion policy employment categories, you know, do you have full time part time seasonal interns what what categories, you have.

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MaryJane Steward: If a person is working from home or a hybrid situation it’s a good idea to have a policy on that, so that the employee knows what the employer is is covering.

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MaryJane Steward: Maybe as expenses for that that Home Office, and you know what What about your population generally do they primarily speak English do they primarily speak Spanish what you know, think about that as well, because if you have a population that.

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MaryJane Steward: does not speak English, then in a vast majority of them, it would be a good idea to have that handbook in the language of of the of the folks that work for you.

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MaryJane Steward: And, and also, you know there’ll be disability policies and there’s a lot of state.

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MaryJane Steward: states that do have disability and insurances and such today as well, so those are all important things to have in in the handbook and ios statements, you know that.

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MaryJane Steward: we’re we’re people are protected, based on race, religion, gender, etc, and there it varies by state to there are some States specific.

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MaryJane Steward: Areas of protection so it’s important to to have attendance as well you know for the states that that you are in.

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MaryJane Steward: So we’ll talk a little bit about some some some do’s and don’ts so here’s some tips on that it’s important to put things in writing, you know put puts sometimes you don’t want it to detailed like benefits for instance benefits some you know can change if you have.

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MaryJane Steward: oftentimes what we will suggest is you know, for your health insurance, you may say that you know we offer health insurance to employees that work 35 hours or more.

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MaryJane Steward: And for more detail on that look, you know, will provide you with a summary plan description because benefits can change, so you know that’s okay to do apply consistently.

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MaryJane Steward: The the policies in the handbook and this is is very important, you know if you if a manager is allowing employees to use sick time as vacation time and.

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MaryJane Steward: You know they do that for some, but not for others that that’s a problem you you don’t follow you if you’re not following what’s in in the handbook now.

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MaryJane Steward: Your practice has become your policy, and then it becomes harder to enforce other policies, when they in the handbook.

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MaryJane Steward: You know and employees themselves or a lawyer will say well how did I know that I was supposed to follow that policy when the other policies were not being followed in the handbook so it’s very important to be consistent.

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MaryJane Steward: and communicating make sure that you’re communicating the the handbook and any changes to your employees and those of you that are.

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MaryJane Steward: clients of ours in the the handbook can be placed in I songs and have employees acknowledge it there, and then they can access it so they can go back and refer to it.

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MaryJane Steward: and make it easy to read you know again.

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MaryJane Steward: Law, the things are written in such a way to protect you, but also to convey to employees, so I wouldn’t suggest those that are very specific about you know laws to be changed, you want to keep that.

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MaryJane Steward: keep that in there, but you also the handbook is not an operations manager manual it’s not it’s not telling them how to do things in their job that would be separate you know, but this you want to be sure that you have.

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MaryJane Steward: Everything in your handbook that relates to you know the the employees, as I say, into law and also you know conduct and and and those types of things okay.

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MaryJane Steward: And you know the it’s very important to have an APP will language within the the handbook the employment is not guaranteed, so you don’t want to convey anything that you know.

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MaryJane Steward: it’s like success successfully passing your probationary period or.

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MaryJane Steward: You know, along rewarding career, you know with the company and another word that I would suggest that you.

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MaryJane Steward: be cautious of is saying you know after 90 days you’re becoming a permanent employee.

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MaryJane Steward: Employment isn’t permanent they may become a regular employee, which means that they are now eligible for certain benefits or you know that type of thing but saying permanent you know again it’s not contractual it’s their employment at will and you the handbook is not a contract so.

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MaryJane Steward: You retain the right to revise the employment relationship and they can leave that’s the employment will they can leave if they choose to.

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MaryJane Steward: And it is a guide that is going to be revised, from time to time so and in most in all handbooks that that i’ve ever worked with it will say that you know, this may not answer all your questions, please talk to your manager or HR that type of thing so.

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MaryJane Steward: And if you are making changes you’ll want to communicate what those changes are to folks so that they’re aware of it, so you know those are the types of things to that you, you would want to have and not want to have in in the handbook OK.

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MaryJane Steward: So the theme, the types of things that you want to include in your handbook it’s important to tell your story, you know get.

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MaryJane Steward: Talk about your culture your mission, you know what what the company is doing and what their purposes, you know what their their goals are why they why they do what they do.

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MaryJane Steward: That that’s the impression that the employee gets of your company when they start with you, and it you want them you want to have a good first impression so it’s it’s it’s it’s almost that.

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MaryJane Steward: Like like an advertising or I should say marketing tool for internally to your employees so it’s a really it’s a good.

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MaryJane Steward: good first step with the employees, an employee relations policy or like an open door policy is is a good.

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MaryJane Steward: good thing to have as well, so you know letting people are letting the employees, know that they should feel comfortable to speak with their managers and leaders and hopefully they do.

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MaryJane Steward: that’s that’s obviously the best environment where people feel comfortable coming to their managers, if there is an issue.

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MaryJane Steward: And the the policies threw out, you will find in a handbook that sometimes it’s.

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MaryJane Steward: You know if you have a question about this, you should contact HR you have a question about this, you should contact your manager so it’s directing people you know who should they be talking with you know.

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MaryJane Steward: And having those open lines of communication and, as I say, hopefully people feel comfortable speaking with their managers, but you know it, it is key to to.

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MaryJane Steward: Foster that type of environment, because if people aren’t communicating you with you sometimes you may have time bombs, you know that are are.

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MaryJane Steward: That are under the surface and not a not not helpful to the organization and using gender neutral language it’s very important to be mindful of of gender neutral language throughout the handbook.

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MaryJane Steward: Other things to consider the EEO and harassment policies again each State may have additional protected items that are in addition to what is covered federally, so it is important to to have that information in your state specific attendance and the.

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MaryJane Steward: Anti discrimination and anti harassment language again there could be specific state language needed so be sure to be mindful of that and the drug free workplace.

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MaryJane Steward: it’s important to include if you’re you know anything about drug testing or substance abuse or, as I say, drug testing if you’re going to be doing that.

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MaryJane Steward: In those types of policies, it would have and check your check your handbooks.

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MaryJane Steward: To be sure, that’s in there, but, including language that regarding the use of medical marijuana or even prescription medicine that employee cannot be impaired at work so.

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MaryJane Steward: You know I know that many States now have medical marijuana or recreational marijuana, but when medical marijuana first became you know a thing I know.

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MaryJane Steward: I had people saying, but you know they they are flashing their medical marijuana card and it’s like well you as an employer do not have to allow somebody to be under the influence of anything, while working and.

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MaryJane Steward: Compensation information, so you know, including information about state, you know what the laws are about over time.

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MaryJane Steward: How often employees are going to be paid, because in different states, there are laws about that as well and.

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MaryJane Steward: And also, you know the deductions that that you will be taking from their pay it’s always good to have a section on that because, again.

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MaryJane Steward: You know there’s there’s federal taxes in some states there’s state taxes disability insurance, you want to put that in the in the handbook as well, and also.

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MaryJane Steward: Policies on safety, you want to be sure that people know to report any safety issues or concerns or if they got hurt you want to be sure you are telling them that they need to let you know that.

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MaryJane Steward: You may be in an industry that is very regulated from a safety perspective and you may have a separate.

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MaryJane Steward: Safety manual you know which you need for your industry or in certain States, there are safety.

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MaryJane Steward: Safety policies that are needed so again just be mindful of where you are in and and those types of laws.

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MaryJane Steward: Additionally, attendance requirements, you know be be specific, with people about what they should do you know, should they who should they call, how should they communicate, you know those types of things and and there’s also.

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MaryJane Steward: You know language in a in a handbook and we’ll talk about no call no show statement you know if the employee does not report report to work for three days they’ll be considered a voluntary quit you know the.

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MaryJane Steward: i’ve had some clients reduce that to two days with technologies it’s easier for people to get in touch you know.

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MaryJane Steward: And remember, it is a voluntary resignation if somebody is not showing up to work, they are abandoning their job, it is not a termination you’re not firing them, they are quitting so.

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MaryJane Steward: Just be you still have to follow, whatever your state laws are in regards to giving them an unemployment brochure if that’s the case in which it is in some states, but it is a voluntary quit.

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MaryJane Steward: standards of conduct, very important to have you know in in those standards of conduct it may be saying you know we will well usually there’s a statement that says, you need to follow the policies within the handbook.

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MaryJane Steward: But you know there’s no stealing you have to report time appropriately follow safety, you know follow the.

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MaryJane Steward: You know the all the policies within the handbook and that discipline.

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MaryJane Steward: will be.

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MaryJane Steward: disseminated, based on the on on the situation, so you know typically you don’t see.

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MaryJane Steward: Progressive discipline in handbook like I used to see years ago where you’re going to get a you’re going to get a verbal warning and then you’re going to get to written warnings and then you’re going to be suspended, and then you’re going to be terminated.

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MaryJane Steward: it’s best to leave it that you will you know the discipline, will you know the the the it’ll match the crime, so to speak, you know you’re not you’re not going to be.

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MaryJane Steward: If somebody punches their supervisor they’re going to more like more than likely be fired you know you’re not going to give them a verbal warning for that, so you want to have that flexibility to to for that discipline.

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MaryJane Steward: electronic technology computer usage, you want to have information in the handbook regarding regarding that.

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MaryJane Steward: People today what we see more often, when it comes to harassment, obviously, it can be done in person, if somebody is is harassing someone but.

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MaryJane Steward: oftentimes you’ll see it on social media and that can creep into the workplace, so you do want to have that in your handbook you know about.

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MaryJane Steward: US use of technology, but also, you know, the use of social media, even though it may be, on the employees own time if it’s affecting a coworker and and you know someone within.

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MaryJane Steward: You know their co worker within the business, you will likely be taking action against against that.

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MaryJane Steward: If it’s creeping into the business and benefit information again, you want to have any information in the handbook about vacation or sick time, obviously in sick time in some states or jurisdictions, there are laws regarding that.

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MaryJane Steward: You know holidays what benefits that you offer and that type of thing and.

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MaryJane Steward: handling of confidential or sent or sensitive information.

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MaryJane Steward: Again, good to have that in there, you might have a separate nondisclosure agreement for certain roles within your organization.

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MaryJane Steward: That would be outside of the handbook but a general information about confidentiality that you know people aren’t going to be sharing sharing information with folks outside of the business.

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MaryJane Steward: and employee complaint process or you know that open door policy it I do find it helpful to have in each each in many of the policies what someone should do if they have an issue or question, who do they contact.

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MaryJane Steward: And again, ideally, they have a good relationship with their manager and will speak with them about any issues.

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MaryJane Steward: But you know it’s important to train your managers, so that they know if something does come up you know, in a question.

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MaryJane Steward: It comes to them, they know how to respond, but also are aware, when they should be getting someone from senior management or HR involved, because if someone is bringing forth.

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MaryJane Steward: something about a harassment or behavior that violates company norms or the culture or their policies you want to be sure that that manager brings it brings it to your attention, OK.

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MaryJane Steward: And now i’m going to hand it over to Jen who’s going to cover some policies that are going to be, you know upcoming in 2022.

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Jen Serei: Okay Thank you so much, Mary Jane and for getting us started this afternoon, this great afternoon, I hope, anyone who was impacted yesterday by storms in.

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Jen Serei: The Massachusetts northeast area has there as all those problems figured out Mary Jane had to get up to new Hampshire, so I think that’s where she’s calling in from today, so that is a nice thing about technology, we can still i’ll call in from wherever we need to be.

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Jen Serei: So.

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Jen Serei: Yes, we’re going to now continue talking about some policy considerations for 2022 and then we’ll also talk about coven identity.

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Jen Serei: So some things Mary Jane did already talk about will cover again equal employment opportunity and workplace harassment paid family and medical leave as well as paid sick leave.

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Jen Serei: Equal pay and wage discrimination and substance use testing.

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Jen Serei: And one thing I wanted to mention, we will talk about remote work policies and we get to the coven and denim.

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Jen Serei: And Mary Jane did touch on this already, and this is something that she would call a little nugget of wisdom, but while we’re going through these policies, something i’d like you to.

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Jen Serei: Again, keep in mind is the notion that employment policies are tied to where your employees are are performing the majority of their work.

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Jen Serei: So, for example, if your business is located in new Hampshire and over the past year you hired one remote employee out in California you’ll need to make sure your handbook includes relevant policies for that for that one employee right so something to keep in mind as we’re going through.

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Jen Serei: OK so we’ve talked about.

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Jen Serei: equal employment opportunity, a little bit um you know at the federal level this protects applicants employees and former employees.

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Jen Serei: from discrimination based on race color religion, sex, which includes pregnancy, sexual orientation or gender identity.

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Jen Serei: includes national origin, age over 40 disability and genetic information.

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Jen Serei: And then applicants employees and former employees are also protected from retaliation for filing a charge or complaint of discrimination participating in a discrimination investigation or lawsuit or opposing discrimination.

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Jen Serei: And we think it’s interesting to show this data that the eeoc equal employment opportunity Commission who’s responsible for enforcing.

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Jen Serei: These complaints investigating complaints, they come out with the data regarding what was filed in the previous year, so we now have the data for fiscal year 22 you’ll notice.

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Jen Serei: That the percentages here over 100 and that’s because when employees might be filing claims they could be filing it under more than one category, so we have seen a pattern over the past couple years where retaliation continues to be the top complaint that is being filed.

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Jen Serei: By the with the eeoc so that’s an interesting trend here and then this is actually similar to the 2019 data again disability followed race and then sex.

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Jen Serei: So again, this is the federal level, but as Mary Jean mentioned many States have their own protected classes so some of those that have expanded included marital status, age, sorry AIDS or HIV status of observance of the Sabbath political activities arrest records use of service dog.

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Jen Serei: There have also been some expansion on a race to also include protected protecting hairstyles associated with certain races so to protecting.

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Jen Serei: Though so that employees can’t be discriminated against, for wearing certain hairstyles.

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Jen Serei: So it is really important to make sure that you’re, including the equal employment and and.

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Jen Serei: As well as the anti harassment policies for each state where you’re you have employees and making sure that they’re up to date and one thing I wanted to mention, too, that I don’t believe we’ve we’ve touched on yet.

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Jen Serei: As you can imagine, it would be difficult to to stay on top of all of these changes, and one thing that we do for our clients, which I think most of them.

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Jen Serei: appreciate is when we build handbooks we we use this handbook builder that is really fantastic because it will send us updates whenever there’s a change in a state so.

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Jen Serei: For example, if California adds another protected class will get an alert to our handbook builder and so we’ll know to update policies for our clients, so that really helps us keep everyone in compliance.

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Jen Serei: And while this isn’t necessarily in your handbook we think it’s worth mentioning that, in addition to Eo and anti harassment policies.

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Jen Serei: There are seven states that require training on the prevention of harassment in the workplace.

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Jen Serei: And each state is slightly different when it comes to who’s considered a covered employer and I know and pull in who’s considered a covered employee and what must be included in the content of the training.

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Jen Serei: For example, California employers with five or more employees anywhere, not just in California.

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Jen Serei: must provide one or two hours of interactive training to their California based employees, depending on whether the employee has to provide your responsibilities so that’s a lot to remember, on its own.

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Jen Serei: Colorado Massachusetts Rhode island in Vermont all encouraged training, but it isn’t currently required and anywhere that training is.

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Jen Serei: anywhere that training is required, it is considered a best practice and we do strongly encourage everyone to have their employees trained on sexual harassment reporting.

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Jen Serei: Best Practices it’s also extremely important to make sure your managers are trained.

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Jen Serei: Because they’re really the eyes and the ears of your business, so they need to know that they just they can’t put on those imaginary earmuffs when they you know that something’s going on, they really need to do their due diligence and look into the matter, make sure it’s addressed.

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MaryJane Steward: And Jen, I might add something to that as well all wonderful information you just shared, but if you have and again we’re seeing this more and more because of people working.

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MaryJane Steward: In multiple are working across the country that they weren’t before they were just in one location, but if you have.

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MaryJane Steward: A manager in Kentucky managing people in California.

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MaryJane Steward: It would be incredibly important to have them be trained, so that they know what to look for in in California and also in Illinois Illinois.

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MaryJane Steward: piece of their law is that anyone that interacts with someone the employee within Illinois needs to be trained, so if your if your company is located in indiana and Kentucky and Illinois.

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MaryJane Steward: Then and and those other employees interact with the folks in Illinois they need to be trained as well, so just to it.

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Jen Serei: that’s a great.

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Jen Serei: Consider, that is a great tidbit and absolutely and I just gave that one example of California, but really there is no consistency when it comes to how.

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Jen Serei: These state specific requirements are are kind of decided it’s very interesting and I think from memory remembering correctly I don’t know if you know this one off and Mary Jane but I.

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Jen Serei: mean I was looking I remember, if it was DC or Florida had her head requirement but it’s it’s specific to certain industries to so.

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Jen Serei: it’s just very interesting.

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MaryJane Steward: yeah you’re right there are some that have specific industries that’s correct and you know what somebody was asking about Connecticut in regard to harassment so.

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MaryJane Steward: It we do have tools in which that do have.

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MaryJane Steward: Training for for harassment in those states that we that that our clients and our clients use, they also do have something on the Connecticut website to.

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MaryJane Steward: for training, the thing is you, you have to get verification from the employee, because they would be the one that gets the it’s not like you’re going to get an update from the state that they took it.

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Jen Serei: You know so literally it’s just a it’s a it’s a recording I think of a presentation that they would have to look on their on their own so.

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Jen Serei: yeah if you are a multi state employer and you’re kind.

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Jen Serei: of realizing oh gosh i’m i’m I have a lot of different trainings that I need to have my employees do we do really recommend using you know whether using our learning software or some other but it’s it’s so much easier to manage and.

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Jen Serei: to assign trainings and to then see that they’re completed and just to ensure that everyone is taking the appropriate training, so if you’re interested in learning more about that, please you know send us a chat we’d be happy to chat with you further.

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Jen Serei: So let’s continue on with paid family and medical leave laws and it’s funny because.

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Jen Serei: You know, we always look for we like to have these nice graphics to show you, you know the states where these laws apply, but sometimes the whoever’s out there, creating these graphics just they’re not on top of it, so I could not find.

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Jen Serei: A graphic that was updated enough to show all the states that have currently have paid family medical leave law, so the chart will have to do.

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Jen Serei: But first let’s just talk about federal family and medical leave that we call FM la that requires eligible employee employers to provide on paid family leave.

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Jen Serei: And, and unlike nearly all other industrialized nations, the US doesn’t have a national doesn’t have any national standards on paid family leave so that’s why we’re seeing so many States come out with their own.

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Jen Serei: Paid family leave policies and they provide parents and caregivers time off to address a serious health condition which could include pregnancy.

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Jen Serei: care for a family member of the serious health condition addressing family circumstances arising from a military service members deployment or care for a newborn newly a job adopted child or newly placed foster child.

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Jen Serei: So currently there are 10 states that you can see, on this chart and Washington DC that have passed paid family and medical leave laws.

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Jen Serei: and employees in Connecticut will be able to take advantage of the state’s expanded paid family and medical leave beginning on January 1 2022.

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Jen Serei: And Colorado new Hampshire and Oregon all have adopted paid leave programs that will begin in 2023 so there’s some new things on the horizon.

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Jen Serei: So in addition to making sure you know if the states or states you operate in have the state mandated paid.

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Jen Serei: Family and medical leave laws, you also want to determine how they interact with federal leave laws, as well as your own company leave benefits.

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Jen Serei: Depending on the employees eligibility these leaves may run concurrently and you want to make sure the employees aware they don’t think that they can take SLA after their state leave has expired.

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Jen Serei: And next we’ll talk about paid sick leave laws these allow for workers to take time to 10 doctors to doctors appointments pick up sick children from school.

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Jen Serei: deal with issues related to sexual or domestic violence accommodate public health emergencies and businesses or school closures, all the job protected time that they accrue.

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Jen Serei: and new Mexico is the latest state to enact paid sick leave that’s unrelated to the pandemic and the law will go into effect on July 1 2022.

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Jen Serei: And in addition to the states, we see here on the map, there are other states that have city or county paid sick leave laws.

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Jen Serei: Including Illinois Minnesota new Mexico Pennsylvania in Texas, we want to make sure that your handbook accurately reflects the paid sick leave laws that apply to your workforce.

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Jen Serei: Okay now let’s talk a little bit about equal pay in wage discrimination so.

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Jen Serei: For their 49 states that have passed Equal Pay laws.

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Jen Serei: Mississippi is one that does not have a.

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Jen Serei: Equal Pay law that comes to mind, and these Equal Pay law Equal Pay laws include provisions on pay equity pay history and our patrons piracy.

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Jen Serei: Wage transparency laws prohibit employers from disallowing pay disclosures in the workplace and from retaliating against employees who discuss their pay with others.

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Jen Serei: In theory, when employee compensation data is shared collected and reported freely, it promotes fair pay both within companies and across industries.

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Jen Serei: There are 19 States that currently go step further, making salary history bands applicable to both public and private employers.

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Jen Serei: So it’s important that for you to look at your handbook and ensure you don’t have any policies that might violate.

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Jen Serei: These laws, for example, you want to make sure that you’ve removed any policies that prevent employees from discussing their pain information and there were there were many employers that used to have these types of policies in place.

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Jen Serei: Okay, and we’ve talked about substance use testing a little bit earlier to give you an update as of June 22 2022 there are 18 states two territories and Washington DC.

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Jen Serei: That have enacted legislation to regulate recreational use of marijuana while it remains legal for medicinal purposes in 36 States so that chart there is up to date.

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Jen Serei: And, and many of these state level laws include anti retaliation provisions which prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on the job, injuries and illnesses.

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Jen Serei: and specifically osha’s has said, employers shouldn’t administer blanket post accident drug tests in situations where a drug use likely did not cause an injury.

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Jen Serei: and drug testing that is conducted to evaluate the root cause of a workplace incident that harmed or could have harmed employees is allowed if the employer tests all workers who could have contributed to the incident.

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Jen Serei: Rather than just the employees who reported injuries and you’ll want to make sure that your drug and alcohol policy doesn’t contradict medicinal recreational marijuana laws in the states where you operate.

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Jen Serei: Okay, so now we’re going to move on to Kobe 19 identify them policies and because policies related to the pandemic are constantly evolving we do recommend employers keep these policies in a separate addendum to the handbook.

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Jen Serei: First let’s talk about leave policies, most of us are hopefully familiar with the acronyms FF CRA and and arpa.

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Jen Serei: The federal code paid sick and family leave law that sunset ID on September 30.

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Jen Serei: Many states enacted their own temporary paid sick and family leave laws as well, some of which also ended on Sep tember 30th.

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Jen Serei: and are no longer needed in a handbook a denim while others like the Temporary emergency paid sick leave program and Massachusetts where extended into 2022.

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Jen Serei: Some cities and localities like Los Angeles and oakland have adopted codes sick and family leave as well, so you want to make sure you have policies in place for any code sick or family that is extending into the New Year.

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Jen Serei: Many employers temporarily allowed employees to carry over a higher balance of paid time off when they were strict restrictions on travel so now’s a good time to also review your pto policies and plan for any adjustments that should be made for January 2022.

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Jen Serei: it’s also good idea to review any changes, you made to personal and business travel policies and modify them to meet your current expectations of employees.

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Jen Serei: Some employers may choose to continue requiring employees to work from home if if they’re able to after international travel, for example, and that’s fine to do, but a policy will help ensure help ensure you’re being consistent and then employees are aware.

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Jen Serei: And we’ve seen how many businesses have thrived in a remote work environment and many are now considering keeping employees, remote or creating hybrid work environments.

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Jen Serei: And if there’s one silver lining from this pandemic is certainly opened up new opportunities for growth for businesses that are able to hire remotely but did not previously tapped into these new talent pools.

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Jen Serei: With so many businesses, continuing to add remote workers it’s important to revisit these remote work policies and see how they might be adapted for ongoing use.

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Jen Serei: If you’re going to hire out of state remote employees, you should add language to your policy indicating remote workers must notify you if they relocate to a different state so, for example, you hire a remote employee in California.

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Jen Serei: And they decide, you know hey i’m going to go live in my grandmother’s vacation house in Arizona for the next six months.

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Jen Serei: it’s really important that they tell you that employers are ultimately responsible for ensuring that correct payroll taxes and employment laws are applied.

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Jen Serei: To where their employees are are based, based on where the majority of the work has performed so if someone is now performing the majority of their work in a different state, then when you hire them.

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Jen Serei: you’re gonna have you’re gonna have to change those payroll taxes and have a new handbook attend them.

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Jen Serei: And if you’re moving to hybrid environment, you may also want to create a policy to define any parameters around who can work from home and set expectations for remote work.

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Jen Serei: And this is also where you can include an in the handbook dental coven addendum where you could include relevant vaccination policies and guidelines.

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Jen Serei: are still waiting for further guidance from OSHA regarding the vaccine mandate for employers with 100 or more employees, but we do know that employers with federal contracts.

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Jen Serei: Most new or amended federal government contracts and subcontracts must include a clause requiring contractor contractor employees to be fully vaccinated by December 8.

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Jen Serei: Unless they’re entitled to an accommodation and to follow CDC guidance for masking and social distancing.

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Jen Serei: This applies to your business it’s definitely good idea to start putting your vaccination policy in place employers who aren’t subject to the vaccine mandate may want to implement a voluntary vaccination policy to encourage vaccination.

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Jen Serei: Okay now before you log off because you’re so excited to start updating your policies, we want to share some common mistakes that we see, time and time again when it comes to handbooks.

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Jen Serei: Okay, so first up is policies, not matching practice this is something this is so important it’s something I tell every client when we’re starting to work on a handbook together.

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Jen Serei: policies are pretty useless when they only exist on paper and aren’t reflected in the way you do business and manage your employees.

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Jen Serei: And this can actually harm you to.

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Jen Serei: If you’re trying to hold an employee accountable to a particular policy but it turns out that you aren’t practicing many policies in your handbook it’s just going to be it’s going to be pretty hard to justify why you’re trying to hold the employee accountable.

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Jen Serei: And Mary Jane mentioned that I think very similar example earlier because it’s just so important.

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Jen Serei: Failing to train managers and supervisors.

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Jen Serei: If your managers and supervisors haven’t received training on your policies it’s going to be really hard for them to put your policies into practice and to manage to those policies right they need, they need some trainings they know what to expect from you.

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Jen Serei: Next up is restrictive social media policies and while it’s a good idea to have a set of guidelines rounding employee social media use employers do need to be careful that they are infringing on employee rights.

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Jen Serei: Even employers, without any union employees need to abide by the national Labor relations rules when it comes to allowing a place to exercise their right to speak about working conditions.

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Jen Serei: Next, we have not revising the handbook regularly so a handbook should be a living document, because we all know, things change pretty rapidly from new sick and family lost your own internal practices.

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Jen Serei: Best practices to review your handbook annually to ensure it’s up to date.

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Jen Serei: You can make this less cumbersome for yourself and your employees by using electronic distribution and acknowledgement forms Mary Jane shared that one thing if you’re one of our client on HR client you.

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Jen Serei: Probably have your handbook on I solved and have it, have not had to have any paper sign offs and quite some time and we encourage all of our employees to make their handbook available through the employee self service portal because yes so much easier.

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Jen Serei: Failing to include required policies.

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Jen Serei: You know, as Mary Jean mentioned policies aren’t necessarily required in handbook, but there are certain notices that must be given to employees upon hire.

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Jen Serei: For example, in Massachusetts all new hires need to receive the pregnant workers fairness act notice, we strongly recommend you include this notices a handbook policy, rather than having to remember to distribute it as your standalone notice to your employees.

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Jen Serei: oops sorry I just realized I didn’t hit the button for that number five there you go now, you can see it.

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Jen Serei: And that will go to number six a one size fits all approach so Mary Jean also touched on this earlier but it’s so important we’re going to say it again.

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Jen Serei: Some businesses may need different handbooks for different populations of employees as well you know, a Mary Jean mentioned, if you have employees who maybe they speak another English primarily.

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Jen Serei: One thing I really like about our handbook tools that we have the ability to translate the handbook into Spanish, which is come in handy.

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Jen Serei: Several times for us when we’ve had clients that have a good number of their employees who speak Spanish as their primary language but another example of when you might need.

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Jen Serei: Two different handbooks maybe if your school, maybe a faculty handbook and one for administrative stress staff.

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Jen Serei: Or if your businesses has is so different depending on policies for exempt non exempt employees, maybe we need to persons there as well.

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Jen Serei: overly detailed discipline procedures.

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Jen Serei: it’s oh sorry getting a little too.

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Jen Serei: Okay, here we go so wanna make sure what the right number overly detailed discipline procedures.

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Jen Serei: it’s great time, please know that you’re attempt to follow progress with this in their disciplinary process but.

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Jen Serei: Again, you don’t want to make you want to make sure you’re not getting so detailed that in the process that you’re you know you’re tying your hands and fronting yourself from using.

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Jen Serei: You know your discretion as Mary Jane said, you know punching the manager, in the face you’re probably not going to give them a verbal verbal warning or have to go through you know 123 punches you know before you can terminate someone so.

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Jen Serei: You want to make sure that you again leave yourself wiggle room.

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Jen Serei: Okay number eight omitting at will statement and disclaimer so.

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Jen Serei: Sometimes decision makers don’t understand the importance of these sections of the handbook and want to admit them in an attempt to make the handbook shorter or remove any legal ease.

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Jen Serei: But you know, assure you mentioned earlier, you want to make sure it’s clear that your handbook isn’t a contract and that employment is that well and make it clear to employees exactly what that means, so those sections are really important.

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Jen Serei: Another mistake is using a boilerplate handbook i’ve worked a lot of clients who adopted a handbook from a previous employer who or who got a handbook from a friend who works in another company.

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Jen Serei: You know this can be a great starting off point but you want to make sure that you’re customizing your handbook book to reflect your company’s policies and practices.

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Jen Serei: You know another company and that you borrow that handbook from they could be a larger employer and subject to policies like you know fly based on their size, but if you only have 15 employees you don’t want to hold yourself to those policies that don’t that don’t apply to your business.

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Jen Serei: Okay, and this one of failing to distribute the handbook i’ve unfortunately seen this happen, a lot, you know you spend a lot of time and effort working to create.

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Jen Serei: A custom handbook and it’s reached the point in time when it needs to get approved by someone who hasn’t been involved in the process, but.

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Jen Serei: It never gets formally approved so it’s really important to get buy in from leadership, so they know the importance of getting the handbook out to employees you can’t expect employees to follow your policies when they never received a copy of your handbook.

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Jen Serei: Okay, and with that That brings us to the end of today’s presentation list Mary Jane had any other.

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Jen Serei: yeah.

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nuggets to any.

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MaryJane Steward: way yeah love my love my little nuggets um you know what I don’t I don’t have anything specific data, there are a couple of questions that I think will will be able to tackle here Jen.

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MaryJane Steward: question came in regarding medical marijuana and as it relates to an Ada situation, the thing that with any.

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MaryJane Steward: interactive process and and recommendations from medical professionals, obviously, you need to look at the details of that situation and again if if the medical.

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MaryJane Steward: practitioner is suggesting that the person needs to use medical marijuana during the day, while working.

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MaryJane Steward: I would i’d suggest reaching out to your your Labor attorney to talk through that because I don’t know why that would why you would need to.

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MaryJane Steward: follow that but I would definitely want you to get some some advice on that because, again, is it going to are they are they going to be.

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MaryJane Steward: a safety issue to themselves and others, you know, and again I think it depends on what what’s what’s going on, but you know it has everything i’ve read in general, please pipe in if you have any any comments, but people.

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MaryJane Steward: or companies do not have to.

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MaryJane Steward: You know, someone shouldn’t be under the influence you know of any any type of drug or alcohol, you know, while while working do you have anything to add to that Jeff.

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Jen Serei: yep absolutely so but I love the first of all for anonymous attendee I you know, the fact that you know about the interactive process that’s music to my ears.

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Jen Serei: that’s the that’s the really important protected part.

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Jen Serei: of any type of Ada accommodation situation you want to have the conversation with the employee and one thing that is important to know is that you are required to grant a particular accommodation request.

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Jen Serei: You, but what you need to do is you need to engage, you need to have that that interactive conversation with the employee and go back and forth and discuss the options, maybe there are some other things that.

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Jen Serei: Maybe there’s something else that might help that employee do what they need to do, and we don’t really know the details of this situation so.

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Jen Serei: It would be it, we would need to have a little bit more of a conversation to know what what’s going on here but.

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Jen Serei: But you aren’t required to grant you know the the exact accommodation that is requested, but you do need to engage in that conversation with the employee and try to come to some.

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Jen Serei: To find some accommodation that’s going to work for both the employee or the and the employer, so that the employees, able to perform their work.

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MaryJane Steward: Correct yeah very good Jen definitely and in regard to the you know, the number of days for a no, no, no call no show.

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MaryJane Steward: there’s not a law that states how many days, you have to have, but I think being reasonable, and I think I think two or three days is probably reasonable.

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MaryJane Steward: You know, and I did have I did have someone asked me once well what if we find out that the person.

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MaryJane Steward: You know, was in the hospital and i’m and I said then you’d reinstate them, you know, there was not you know you’re not doing it out of.

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MaryJane Steward: Out of malice if you just if you stop if somebody stopped showing up for work and you’ve tried to reach out to them, I wouldn’t just say Oh, you know what let’s let’s get rid of them because we haven’t heard from them reach out try and find you know.

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MaryJane Steward: call them, you know text them email them because, maybe, maybe, something is going on Jen anything to add to that.

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Jen Serei: No, I think that was perfect.

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Jen Serei: yeah.

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Jen Serei: That sounds great.

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Jen Serei: The next one.

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Jen Serei: is asking about for employees, if you have employees in CT, how do you get your employees trained in harassment if it’s required oh that’s a great question carrie you could work with.

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Jen Serei: Empty right if you were if you’re an HR services client that’s something that you know we could help you with.

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Jen Serei: If you’re interested in in a learn platform I think that’s a great resource it’s web based so you would just need to assign the training to employees and they would be able to take it.

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Jen Serei: And it would be recorded you’d have a record that they took that training, otherwise you know you would have to have have someone.

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Jen Serei: Who has some you know, an HR background.

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Jen Serei: was able to present that information presented to your employees and be able to ensure that the training is meeting all the requirements requirements of the state.

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Jen Serei: And so, one nice thing about using a learn the learn platform is that it does meet all those requirements you don’t really have to worry about creating a training on your own Mary Jane did mention, though, also many if you go to many state websites they’ll have.

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Jen Serei: A training that you can use again it’s it’s really just it’s kind of like going on YouTube and watching.

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Jen Serei: A video and there’s no way to kind of record that your employee took the train or kind of track that they’ve completed it so you have a couple different options, I think it just kind of depends on.

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Jen Serei: What your needs are probably depends, how many employees, you have, if you could manage you know if you five employees, maybe using the state website is is fine, but if you’re if you’re a growing company, you might want to look into an LM s.

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Right.

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MaryJane Steward: Absolutely.

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MaryJane Steward: And also, in regard to paid sick leave laws it it really you need to look at your state or jurisdiction about sickly laws like some sick leave laws.

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MaryJane Steward: You have to look at you know how many employees, you have throughout the country, even though the sick law may be in one state so there’s different thing different things to look at in regard to that and.

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MaryJane Steward: And some it’s by size, like in Massachusetts you could be you, is it 10 and under I believe Jen where, if you have 10 and under you have to offer six leave but it doesn’t have to be paid, but 11 and over you have to.

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MaryJane Steward: invest you sense yeah yeah so it’s depends on the state and or jurisdiction, because there are certain cities that do have their own sick laws California has a few cities that have their own sick laws so you have to definitely take a look at that.

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Jen Serei: gotcha.

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MaryJane Steward: yeah and the the the leaves F, if someone is asking about FM la and in Massachusetts we have paid family medical leave the the.

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MaryJane Steward: What we suggest with leaves if you have multiple leaves in States more in most states, you can run them concurrently so, meaning that you would.

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MaryJane Steward: provide them with fly paperwork, as well as they would apply with the state for paid family medical leave.

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MaryJane Steward: But yes, you would they would run concurrently unless in a state there’s something that States they shouldn’t or can’t but in most they can run concurrently, would you agree with that Jen.

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Jen Serei: Yes, absolutely.

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Jen Serei: yep.

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Jen Serei: yep and, of course, that you know you want to be aware of you know, the eligibility rules for Familia you may be in like kind of covered employer, but maybe your employee has not, you know.

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Jen Serei: worked enough hours or been a plan with you long enough to.

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Jen Serei: To be eligible, but you still want to make sure you’re giving them that you know determination notice letting them know.

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Jen Serei: That they don’t qualify for if that’s the case, so it is important to to do the paperwork regardless if they’re if you’re if you’re covered by fly you want to still give them the designation of there.

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Jen Serei: will be turn.

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MaryJane Steward: Right, exactly, and we have a few more here that i’m going to try and answer quickly if.

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MaryJane Steward: If it for handbook update, yes, you definitely want all employees to get an update to a handbook when it has been updated and post, the most current.

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MaryJane Steward: version and, hopefully, if you are a client of ours, you can have them acknowledge it electronically you definitely want to get an acknowledgement that they have received it, and you know.

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MaryJane Steward: they’re acknowledging that they read it, they understand and that type of thing.

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MaryJane Steward: So, you know that that is something i’m and i’m giving a handbook to a prospective employee.

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MaryJane Steward: um I don’t know Jen, what do you.

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MaryJane Steward: I.

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don’t yeah.

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MaryJane Steward: yeah.

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Jen Serei: I don’t know that I would.

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Jen Serei: I don’t know I would I mean it doesn’t apply to them ya.

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MaryJane Steward: know, and I mean I would I would find out what’s important to the if I if I were offering a job to an in person.

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MaryJane Steward: i’d want to know what is important to them and convey to them, you know what that well i’m interested in knowing what you know what kind of benefits, you are, but if they’re just if they’re not at the stage of you’re making an offer to them.

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MaryJane Steward: you’re probably not conveying that information anyway, you know so yeah I would I would hold off on that so um.

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MaryJane Steward: let’s see here.

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MaryJane Steward: China state a State contract requirement my employer has federal and state agencies but they’ve been told they’re not contracts, I don’t know if I understand the question.

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Jen Serei: yeah we might need to follow up I.

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Jen Serei: Think, I think there are a couple more questions here that you know, we would need a little more.

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MaryJane Steward: context, so we can certainly.

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Jen Serei: Try to follow up you know with you offline.

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MaryJane Steward: on end.

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MaryJane Steward: And we have one minute left, so I think we should turn it back to amy.

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MaryJane Steward: Yes, yes, so but Thank you everyone for joining us today.

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MP: Great great questions, thank you, Mary Jane and Jen and thank you all for attending this webinar please join us next week we’ll be back.

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MP: same day, but back at our regular one o’clock time slot you’ll hear from MPs expert recruiting team with best practices and innovative strategies for remote recruiting.

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MP: visit our website to register, you can see our full calendar of events and resources there we did just released a new ebook detailing the many different HR compliance considerations for your remote workforce.

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MP: you’ll find this on our resources tab and the ebook section, so thank you for joining us and have a terrific rest of your day.