Fencepost - March/April 2018 - 54

AFA

FEATURE

WORKPLACE RESOLUTIONS

NEW YEAR

BY RICHARD D. ALANIZ

I

t is a common occurrence with the start of every new year that people make personal resolutions about what
they will do to improve in the months ahead. Generally, it involves pledges to diet more, eat healthy, exercise
regularly, allow for additional quality time for family and similar personal commitments. What is conspicuously left out of the resolution process in most cases is what we will do to improve our workplace in the coming
year. What will we do to assure that employees have a workplace where they can thrive and produce without fear
of unfair or improper treatment? What changes will we make, or at least consider, that will help to reduce legal
liability for violation of federal and state workplace regulations? What will we do to assure that our managers
and supervisors are confident that the actions they take regarding employees will be consistent with both the
law and good management practices?

Too often workplace policies are only
considered in the context of some negative
workplace action when it actually occurs,
such as a termination or other employment issue. Sometimes it may involve a
legal claim by an applicant or employee.
Whether our current policies are adequate for dealing with issues in the most
regulated area of our economy, today's
workplace rarely is explored or even considered. This article is intended to serve as
a reminder of some of the more significant
workplace issues that should equally bear
serious consideration for resolution at the
start of a new year.

HANDBOOK POLICIES
What should the conscientious employer
be reviewing and considering as we enter a
new year? The first consideration should be
whether the current employee handbook or
similar document is adequate for addressing the issues that routinely arise in most

workplaces. Do we have policies that would
pass muster under the current regimen of
both state and federal workplace regulation? For example, are the company's antiharassment policy and procedures adequate
to qualify for the affirmative defense
against harassment that is available under
U.S. Supreme Court precedent? Currently,
in order to avoid liability for unlawful
workplace harassment, an employer must
demonstrate that it acted reasonably in
seeking to prevent and promptly address
any claims of unlawful harassment. To
do so, an employer must have in place a
comprehensive no-harassment policy and
a reasonable procedure for employees to
file a complaint regarding any improper
conduct. Additionally, the employer must
show that it acted promptly to effectively
address an alleged violation of the policy.
How long has it been since you reviewed
and updated your anti-harassment policy?
Are you certain that all employees know of
www.americanfenceassociation.com | 54 | March/April 2018

the policy and how to make a complaint?
Have you included the option to take a
complaint to any member of management?
Sometimes the issue is with their supervisor. A female employee may want to speak
to a member of management of her gender.
In general, if you have not reviewed and
updated your employee handbook and the
specific policies set out there within the last
three years, it probably contains policies
that are outdated, or it is lacking policies
that are needed in today's workplace.

OFF-THE-CLOCK WORK
Most employee handbooks, unfortunately, rarely address one of the issues
that many employers are dealing with
today, pay liability for off-the-clock work.
Until they are confronted with a claim, few
employees are even aware that it may be an
issue. Numerous wage and hour lawsuits
have been filed across the county, some
as class actions, alleging that employees


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Table of Contents for the Digital Edition of Fencepost - March/April 2018

EDITOR’S NOTE
EXECUTIVE DIRECTOR’S MESSAGE
PRESIDENT’S MESSAGE
OFFICERS AND BOARD OF DIRECTORS | CHAPTER PRESIDENTS COMMITTEE
FENCELINES
IN MEMORIAM
FENCE PROFESSIONALS FLOCK TO PHOENIX FOR FENCETECH 2018
ON THE FENCE
MINDING YOUR BUSINESS
CANINE CRIBS
SAFETY IN PARADISE
AFA BESTOWS TOP HONORS AT FENCETECH 2018
VMA
WORKPLACE RESOLUTIONS FOR THE NEW YEAR
MEMBER SAVINGS PROGRAM
NEW MEMBERS
MEMBERS ON THE MOVE
CALENDAR
CHAPTER NEWS
INDEX TO ADVERTISERS
Fencepost - March/April 2018 - Intro
Fencepost - March/April 2018 - cover1
Fencepost - March/April 2018 - cover2
Fencepost - March/April 2018 - 3
Fencepost - March/April 2018 - 4
Fencepost - March/April 2018 - 5
Fencepost - March/April 2018 - 6
Fencepost - March/April 2018 - 7
Fencepost - March/April 2018 - 8
Fencepost - March/April 2018 - 9
Fencepost - March/April 2018 - 10
Fencepost - March/April 2018 - 11
Fencepost - March/April 2018 - 12
Fencepost - March/April 2018 - EDITOR’S NOTE
Fencepost - March/April 2018 - 14
Fencepost - March/April 2018 - EXECUTIVE DIRECTOR’S MESSAGE
Fencepost - March/April 2018 - 16
Fencepost - March/April 2018 - PRESIDENT’S MESSAGE
Fencepost - March/April 2018 - 18
Fencepost - March/April 2018 - OFFICERS AND BOARD OF DIRECTORS | CHAPTER PRESIDENTS COMMITTEE
Fencepost - March/April 2018 - FENCELINES
Fencepost - March/April 2018 - 21
Fencepost - March/April 2018 - 22
Fencepost - March/April 2018 - 23
Fencepost - March/April 2018 - 24
Fencepost - March/April 2018 - 25
Fencepost - March/April 2018 - IN MEMORIAM
Fencepost - March/April 2018 - 27
Fencepost - March/April 2018 - FENCE PROFESSIONALS FLOCK TO PHOENIX FOR FENCETECH 2018
Fencepost - March/April 2018 - 29
Fencepost - March/April 2018 - ON THE FENCE
Fencepost - March/April 2018 - 31
Fencepost - March/April 2018 - 32
Fencepost - March/April 2018 - 33
Fencepost - March/April 2018 - 34
Fencepost - March/April 2018 - 35
Fencepost - March/April 2018 - MINDING YOUR BUSINESS
Fencepost - March/April 2018 - 37
Fencepost - March/April 2018 - CANINE CRIBS
Fencepost - March/April 2018 - 39
Fencepost - March/April 2018 - SAFETY IN PARADISE
Fencepost - March/April 2018 - 41
Fencepost - March/April 2018 - 42
Fencepost - March/April 2018 - 43
Fencepost - March/April 2018 - 44
Fencepost - March/April 2018 - 45
Fencepost - March/April 2018 - AFA BESTOWS TOP HONORS AT FENCETECH 2018
Fencepost - March/April 2018 - 47
Fencepost - March/April 2018 - 48
Fencepost - March/April 2018 - 49
Fencepost - March/April 2018 - 50
Fencepost - March/April 2018 - 51
Fencepost - March/April 2018 - 52
Fencepost - March/April 2018 - VMA
Fencepost - March/April 2018 - WORKPLACE RESOLUTIONS FOR THE NEW YEAR
Fencepost - March/April 2018 - 55
Fencepost - March/April 2018 - 56
Fencepost - March/April 2018 - 57
Fencepost - March/April 2018 - 58
Fencepost - March/April 2018 - MEMBER SAVINGS PROGRAM
Fencepost - March/April 2018 - NEW MEMBERS
Fencepost - March/April 2018 - 61
Fencepost - March/April 2018 - 62
Fencepost - March/April 2018 - CALENDAR
Fencepost - March/April 2018 - CHAPTER NEWS
Fencepost - March/April 2018 - 65
Fencepost - March/April 2018 - INDEX TO ADVERTISERS
Fencepost - March/April 2018 - cover3
Fencepost - March/April 2018 - cover4
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