HR Guide: Navigating Tough Employment Issues During Tough Times

HR Guide Navigating Tough Employment Issues During Tough Times

Covering three critical areas of employment law, DISA offers practical advice for navigating these complex issues, while also emphasizing the importance of adapting to the changing work environment; particularly in the context of remote work, policy handbooks, and severance agreements. This approach, focusing on 'do this, not that,' provides clear guidance and actionable insights.

Joseph “Joe” Beachboard, a seasoned employment attorney from Beachboard Consulting Group, led an enlightening session at Day with DISA titled "Do This, Not That: Tackling the Toughest Employment Issues During Tough Times." His insights, derived from 35 years of experience in management-side employment law, were especially pertinent in addressing today’s challenging HR landscape.

If you didn’t get the opportunity to attend the Day with DISA conference, or if you would like to review this presentation again, you can download or watch it using this link.

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6 Key Takeaways

  • Remote Work Response and Culture: Employers must not ignore the remote work issue. Beachboard stressed the importance of decision-making and communication about remote work policies, highlighting that employees closely observe their employers' response to the pandemic. The way an organization handles remote work can significantly impact its culture and, by extension, its ability to attract and retain talent.
  • Legal Compliance in Remote Work: As employees work remotely, employers need to be prepared for the complexities of becoming multi-state or cross-border employers. This involves navigating a labyrinth of employment tax issues and international law considerations, especially for employees who have relocated.
  • Annual Review of Handbooks and Policies: Policies and handbooks should be reviewed annually to ensure they reflect current laws and the organization's situation. This is crucial as employment laws are rapidly evolving. A handbook should represent an organization’s vision, ideals, and culture, and be integrated into daily management.
  • Navigating Multi-Jurisdictional Laws: Organizations with employees in different states must consider varying state employment laws. Options include tailoring handbooks to the most employee-friendly state laws or creating supplemental policies for employees in states with differing laws.
  • Severance Agreements and Legal Nuances: When drafting severance agreements, consider the state laws where the employee works, the age of the employee, and the specific terms of the release. These agreements are legally delicate and require expert advice to ensure enforceability and compliance with state-specific requirements.
  • Addressing New Challenges: Beachboard anticipates restrictive covenants, such as non-compete clauses, to be a significant policy issue in the coming years. With some federal agencies pushing for nationwide changes, employers need to stay informed and prepared for evolving legal landscapes in employment agreements.

About Day with DISA

The Day with DISA conference offered invaluable insights into employee screening from industry leaders. This year's conference attracted over 4,000 attendees from HR and safety professionals. The event combined impactful virtual presentations and in-person networking opportunities, focusing on trends in drug and alcohol testing, background checks, DOT and transportation compliance, and occupational health. Attendees gained tools to stay compliant, ensure safety, and make smarter hiring decisions. We look forward to seeing you at next year's event!

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About DISA

Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. With headquarters in Houston and over 35 offices across North America and Europe, DISA offers comprehensive services including background checks, drug and alcohol testing, occupational health, and transportation compliance, assisting employers in making informed staffing decisions and fostering a safe workplace culture.

DISA Global Solutions aims to provide accurate and informative content for educational purposes only and does not constitute legal advice. The reader retains full responsibility for the use of the information contained herein. Always consult with a professional or legal expert.