BoardConverting Serving the North American Corrugated and Folding Carton Industries for 40 years November 11, 2024 VOL. 40, NO. 46
Employee Handbooks: Reducing The Legal Risks BY PHILLIP M. PERRY
Kruger Announces $23.7M Carbon Capture Project Montréal, Quebec based Kruger Inc. an- nounced a $23.75 million investment in a demonstration project for carbon capture and reuse at its Wayagamack Mill in Trois-Rivières. The R&D project was unveiled at a press event in the presence of the Honourable François- Philippe Champagne, Minister of Innovation, Science and Industry of Canada and Member of Parliament for Saint-Maurice—Champlain; Jean Boulet, Member of the National Assem- bly for Trois-Rivières, Minister of Labour of Québec, Minister responsible for the Mauricie Region and the Abitibi-Témiscamingue Re- gion and the Nord-du-Québec Region; Gene Kruger, Director and Vice President, Business Development, Kruger Inc.; and Justin Paillé, Senior Vice President, Manufacturing, Kruger Pulp and Paper. This initiative was made possible by the support of the governments of Canada and Québec, with a contribution of $8.15 million through Natural Resources Canada’s Invest- ments in Forest Industry Transformation Pro- gram (IFIT) and $9.5 million from the Tech- noclimat Program funded by the Ministry of Environment, the Fight Against Climate CONTINUED ON PAGE 3
A Wisconsin business thought it was doing the right thing by having employees sign documents attesting they had “read, understood and agreed to abide by” the terms and conditions of their employee handbook. What seemed an innocent and even prudent requirement, though, later backfired when a terminated worker sued for wrongful discharge. The court determined that the agreement “to abide by” the handbook’s terms was in effect a valid “consideration,” by which a con- tract of employment was created. Upshot: The employee had escaped so-called “employment at will” status and could proceed with the lawsuit.
WHAT’S INSIDE
“You can be an employer at will in most states, but you can over- come it by creating a contract of employment,” said Bob Gregg, of the Employment Practice Law Group at Boardman and Clark. “When distributing handbooks to employees, it’s best to confine any signed disclaimer to a statement that the individual has read the handbook and understands its terms, and also understands that nothing in the handbook alters the employment at will status.” Promise And Peril Our opening story is just one example of a larger problem: While employee handbooks provide important benefits in terms of employee morale and motivation, they can also elevate business risks when em- ployers inadvertently cross legal boundaries. “Handbooks are a dou- ble-edged sword,” said Ronald Adler, president of Laurdan Associates, CONTINUED ON PAGE 22
6 x x 8 x x 12 x x 26 x x 5 Cascades Announces Organizational Changes ICPF Releases New Edition Of Corrugated Industry Curricula 10 Breaking Down Boxes Features Fabien Val-Duprez Of CUIR 14 Niagara Sheets Joins '700 Club' By Breaking Production Record
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improve its environmental footprint and promote more sustainable prosperity,” said Justin Paillé, Senior Vice President, Manufacturing, Kruger Pulp and Paper.
AVERAGE CONTAINERBOARD PRICES The average prices reported are tabulated from prices PAID by various sources throughout the United States the week previous to issue. Prices in some areas of the country may be higher or lower than the tabulated average. The prices tabulated here are intended only for purposes of reference. They do not connote any commitment to sell any material at the indicated average. Transactions may be completed at any time at a price agreed upon by seller and purchaser. REGION 42# Kraft liner 26# Semi-Chem. Medium $ 900.00-925. 00 $ 825. 00 -$850.00 U.S. Average CANADIAN LINERBOARD & MEDIUM The average prices reported are tabulated from prices PAID by various sources throughout Canada. Prices may be higher or lower in various areas of the country. The prices tabulated here are intended only for purposes of reference. They do not connote any commitment to sell any material at the indicated average. Transactions may be completed at any time at a price agreed upon by seller and purchaser. Prices are Canadian $ and per metric ton. 42# Kraft Liner 26# Semi-Chem Medium East $970.00 $960.00 West $1,015.00 $995.00 REGION
Kruger To Invest (CONT’D FROM PAGE 1)
Change, Wildlife and Parks. For this project, Kruger is partnering with the develop- ers of the carbon capture technology, Mantel Capture Inc., a pioneering North American start-up founded by engi- neers and scientists from the Massachusetts Institute of Technology (MIT). Together, they are investing a total of $6.1 million. “We are thrilled to be at the forefront of testing this promising new technology, which has the potential to help us, as well as the entire manufacturing sector, achieve our goal of decarbonizing our operations. This project under- scores Kruger’s commitment to intensifying its efforts to
Kruger said the promising technology has already prov- en successful at the laboratory scale and will be tested for the first time in an industrial setting at its Wayagamack Pulp and Paper Mill. Among its many groundbreaking features is the use of a cutting-edge absorption fluid, molten borate salt, which can withstand extremely high temperatures, up to 600°C. This crucial distinction allows for the direct integration of the capture system into a steam boiler. In addition to being more efficient and cost effective than other carbon capture methods, Mantel’s technology
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Kruger To Invest (CONT’D FROM PAGE 3)
is also energy efficient and sustainable. It enables the cap- ture of carbon while producing clean steam, both of which can be reinjected into the papermaking process. In fact, as part of the demonstration project, Kruger aims to capture up to 5 tons of high-quality CO2 per day. Preparatory work to implement the technology begins this month, while a two-year test phase is scheduled to start in the fall of 2025. If the project meets expectations, Kruger could deploy the technology across all mill oper- ations, with the goal of making the plant carbon neutral. “Through our Investment in Forest Industry Transfor- mation program, we are continuing to support Québec’s forest sector to implement innovative technologies that increase efficiency and capacity, lower emissions and cre- ate good, sustainable jobs. Today’s investment is an excel- lent example of how we can continue to reduce emissions while helping to ensure the long-term sustainability of Canada’s forestry sector,” said Jonathan Wilkinson, Minis- ter of Energy and Natural Resources of Canada. Cascades Announces Organizational Changes Kingsey Falls, Quebec based Cascades Inc. announced organizational changes designed to support the compa- ny’s strategic growth by strengthening alignment, increas- ing agility, improving execution and accelerating decision making within the organization. These changes will take effect on November 11. These changes will combine its containerboard and specialty products (SPG) activities into a single opera-
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tional unit. This combination will unite Containerboard Packaging’s network and strike force with SPG’s agility and game changing innova- tion. Jean-David Tardif, currently President and Chief Operating Of- ficer of the Tissue group, has been appointed to the position of Execu-
From E-flute up to AAC-flute Set-up time < 60 seconds Over 50 FEFCO box styles Digital print available Automatic loading and stacking Inline glue strip application Multi-out production
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tive Vice-President, Packaging. Tardif holds a bachelor’s degree in mechanical engi- neering and an MBA. He has worked in each of the com- pany’s three groups since joining the company in 1997. From 2013 to 2017 he was Vice-President, Consumer Products of the Tissue business, and subsequently served as Vice-President, Operations, for the Containerboard Packaging segment from 2017 to 2019. Tardif returned to the tissue papers business in 2019 as the group’s Presi- dent and Chief Operating Officer. “Jean-David has played a key role in restoring the Tis- sue group’s competitive positioning and profitability. In so doing, he demonstrated the full extent of his leadership capabilities and talent for fostering the full potential of a CONTINUED ON PAGE 6
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Cascades Announces (CONT’D FROM PAGE 5)
“A mobilizing and well-organized manager appreciated for his positive leadership, Jérôme has enabled SPG to de- liver the best results in its history in recent months. He em- bodies the rising generation of accomplished, eco-respon- sible leaders, and has the qualities needed to succeed in this new challenge,” Simon said. Lastly, the company announces the appointment of Em-
high-performance team and improving customer service,” said Cascades President and Chief Executive Officer Hu- gues Simon. Charles Malo, President and Chief Operating Officer of Containerboard Packaging recently informed the compa-
ny that he wished to hand over the reins to devote himself to personal projects. He will be supporting Tardif throughout the transition. “I sincerely thank Charles for all his years of remarkable service. He leaves a lasting mark on the compa- ny, for which we are grateful to him,”
manuelle Migneault to the position of Vice-President, Excellence. Sup- ported by an agile team, her man- date will be to support management teams in prioritizing and implement- ing value-creating opportunities. She will facilitate collaboration and support business units in imple-
Porlier
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Simon said. The Company also announces that Jérôme Porlier has been appointed to the position of Executive Vice-Presi- dent, Tissue. Porlier is currently President and Chief Oper- ating Officer of the Specialty Products group. Porlier joined Cascades in 2012 and has held a variety of roles within the Tissue Papers group, including Plant Manager and General Manager. In 2019, he joined the Specialty Products Group as Vice-President Operations and then as President and Chief Operating Officer. Porlier has a bachelor’s degree in mechanical engineering and an MBA and has also completed Six Sigma's Black Belt Lean Manufacturing continuous improvement training.
menting the plan. Migneault is currently Vice-President Human Resourc- es for the Company’s Tissue group and has held various human resources and change management positions within Cascades since 2001. Migneault was a major con- tributor to the Tissue Papers group’s turnaround and has also held the position of Vice-President Human Resources for the Specialty Products Group. “We have many opportunities ahead of us, and the changes we are announcing today will position the com- pany to create greater synergies, to enhance customer experience, and will give us a strong momentum for future growth,” said Simon.
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ICPF Releases New Edition Of Corrugated Industry Curricula
production, design, specifications, testing, career oppor- tunities and corrugated’s role as a high tech, high perfor- mance, renewable, recyclable, and sustainable packaging choice. Additional resources include interactive worksheets, quizzes, an industry fact sheet, worker testimonial videos,
The International Corrugated Packaging Foundation (ICPF) announced the release of a new edition of ICPF’s Corrugated Industry Curricula. The curricula has been completely updated and redesigned into five easy-to- digest video modules, each highlighting an important element of the corrugated packaging industry and the box-making process: • Module 1 – An Introduction to the Corrugated Packag- ing Industry • Module 2 – Prioritizing Sustainability • Module 3 – A Box’s Journey: From Papermaking to Converting • Module 4 – A Box’s Journey: Box Design, Regulations and Testing • Module 5 – Careers in Corrugated Now available on ICPF’s website, the new Curricula can be incorporated into lessons and courses to educate students on the corrugated packaging industry and the many benefits and opportunities that exist from choosing a #CareerInCorrugated. The modules can also be used as standalones in industry awareness outreach efforts. The course material provides a comprehensive over- view of the corrugated packaging industry with details on the industry’s dedication to sustainability, papermaking,
a glossary of packaging terms, machine primer resource show- casing equipment used in to- day’s packaging industry, car- ton style resources and more. All files can be accessed by visiting www.careersincorrugat- ed.com. Users are encouraged to use the ICPF Corrugated
Curricula Master File to get started. This curriculum is copy- righted by the International Corrugated Packaging Foun- dation. No portion may be reproduced in any form without permission. “We encourage educators to take advantage of this cus- tomized resource to bring their students’ knowledge of cor- rugated packaging to the next level,” said ICPF President Caitlin Salaverria. “Together, let’s pave the way to their fu- ture rewarding job, and potential lifelong career in the cor- rugated packaging industry.” The Packaging School assisted with the new edition and AICC provided some of their original content for the box’s journey modules.
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New Breaking Down Boxes Episode Features Fabien Val-Duprez Of CUIR Breaking Down Boxes, the popular podcast from AICC, The Independent Packaging Association, releases a
sions. In this episode, he shares how an unexpected en- counter on a beach led to his acquisition of CUIR, a com- pany with deep roots in the printing industry yet struggling to survive. By the time he bought CUIR, the company had only a handful of employees, and it had not developed a new machine in nearly a decade. “Fabien’s entrepreneurial spirit and hands-on leader- ship style provide some great take aways for listeners. The story of how he got there is worthy of a movie deal,” said Georgescu. In the episode, he highlights how his journey in printing technology has been fueled by a constant drive for im- provement, blending aesthetics and functionality to meet evolving client demands. Listeners will be captivated by his emphasis on main- taining a positive outlook amid challenges and the impor-
new episode featuring Fabien Val- Duprez, CEO and owner of CUIR. Hosted by Simona Georgescu of Adduco Communications and Mike Schaefer of Tavens Packaging & Display, the episode provides a rare and heartfelt look into Val-Duprez’s journey from closing a textile compa-
Fabien Val-Duprez
ny to the helm of a corrugated machinery company. His transition into the packaging industry at nearly 40 years old was marked by pivotal moments and bold deci-
tance of humility. He believes involving family brings invaluable understanding while maintaining a sense of fun, and open- ness fuels innovation. This perspective has strengthened CUIR’s culture, fostering an environment where collaboration and trust are foundational to success. “Fabien’s cruise to corrugated is most unusual. It is uplifting, inspiring, and reas- suring,” says AICC President Mike D’Ange- lo. “You can’t help but come away from this episode with a smile on your face and the valuable lesson that you must be open to any and all possibilities.” Listeners can tune in to Breaking Down Boxes on major podcast platforms or at www.AICCbox.org/Boxes. For information, visit AICCbox.org . Shorr Packaging Awarded Pregis Renew Award Aurora, Illinois based Shorr Packaging Corp. has been awarded the Pregis Renew Award for reducing 150 metric tons of car- bon emissions last year. The Pregis Preserve Award honored Shorr’s actions relative to helping save over 45,000 trees from harvest last year and over 800,000 pounds of sequestered carbon by transitioning customers to 100 percent curbside recyclable paper prod- ucts with the Pregis Easypack. Additionally, the Pregis Inspyre Award highlights the company’s support of Inspy- re products, which impacted over 1,000 lives in need of access to clean drinking water by providing water filters to commu- nities in Africa, Central America, and Asia.
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PMMI Foundation Awards Six $5,000 PACK EXPO Scholarships The PMMI Foundation, the charitable arm of PMMI, The Association for Packaging and Processing Technologies, announced the recipients of the 2024 PACK EXPO schol- arships. This year, six students from North American col- leges and universities have each been awarded a $5,000 scholarship to support their academic pursuits and career development in the packaging and processing industries. Each year, the PMMI Foundation awards over $200,000 in scholarships to students pursuing degrees in fields such as packaging, food processing, engineering, and mecha- tronics. Students must demonstrate academic excellence, major in engineering, packaging, processing, mechatron- ics, or a related field, and show a strong commitment to advancing the industry. The 2024 PACK EXPO scholarship recipients include: Morgan Bartholomew, Pennsylvania College of Technol- ogy, Polymer & Plastics Engineering; Amy Foo, California Polytechnic State University, San Luis Obispo, Industri- al Technology and Packaging; Mattias Fowler, Hennepin Technical College, Mechatronics; Madison Robers, Mich- igan State University, Packaging Science; Ethan Sawyer, Tennessee Technological University, Mechanical Engi- neering; and Blake Strickland, Cape Fear Community Col- lege, Industrial Engineering Technology.
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Niagara Sheets Sets New Milestone By Achieving ‘700 Club’ Production Goal North Tonawanda, New York based Niagara Sheets LLC, a sheet feeder established in 2008, announced that they have set an all-time record by breaking the 700,000 mark with their full line 110-inch BHS Corrugator which runs A, B, C, and E flutes along with varieties of double wall com- binations. The company’s B shift crew established this significant milestone at the facility on September 13 with these statistics: • 705,783 lineal feet
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extended efforts of the entire staff at the corrugator, maintenance, and through shipping,” said Jim Proefrock, Operations Manager at Niagara Sheets. “Even when all things are clicking it is a huge accomplishment to be able to produce footage like this while also holding 100 percent uptime for a full 12-hour shift.” Niagara Sheets averages around 3,100 lineal feet per dry end order change and 23,000 lineal per wet end change in the sheet feeder’s typ- ical order mix. This makes it difficult to have everything align itself to be able to break a record of this magnitude, Proefrock said. A relative comparison of the 6.2 million square feet of board pro- duced during this shift would cover 107 football fields or about 142 acres. Niagara Sheets actively participates in memberships with both AICC, The Independent Packaging Association and Fibre Box Association as these groups are great resources to ensure they are always growing and learning the industry trends that help them stay at the top of their game. Using FBA published KPI data, Proefrock said they recognize how they compare to others in the industry that are similar in structure to Niagara Sheets. “We are proud to say that we continually keep ourselves in the upper percentile,” he said. CONTINUED ON PAGE 16 The Niagara Sheets B shift is recognized for their production achievement.
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Niagara Sheets (CONT’D FROM PAGE 14)
Another story that comes along with this new milestone is that this same crew only a few months earlier had also broken the pre-existing plant record of many years as well. On May 31, they recorded 686,000 lineal feet with 100 percent uptime. “Some keys to our success at Niagara Sheets with a machine that is over 16 years old now has been to contin- ually make the proper investments both on the machine and with supporting equipment through the facility that allow us to increase throughput,” Proefrock said. “It is im- perative that we focus investments towards replacement of obsolescence items on the machine to stay current. The
last thing we want is to be in a position where a failure item is no longer available and leads to extended downtimes.” Using new tools from their software vendor, Amtech, the company has provided visual dashboards in the plant using their Scorekeeper application to help the crew strive to meet production targets and achieve such records. “With the extended efforts of Niagara Sheets mainte- nance staff to continually ensure that all of our support equipment like the boiler, baler, banders, conveyors, etc. are operating at a matching uptime with our BHS corruga- tor, we are able to continually push ourselves to these new targets,” Proefrock said. BHS’ M2P in-house maintenance support has been an- other key player its success. “With a machine uptime hold- ing at nearly 98 percent year-over-year we can make good things like this happen in production,” Proefrock said. “We are happy to have a partnership with BHS that also recognizes our team when efforts like this are achieved by providing us with their long-standing Platinum Performer Award. A plaque to hang in our facility showing the key metrics included in the record-breaking performance.” Niagara Sheets has raised the bar from the previous “600 Club.” “We are very proud of the dedication our crews have in pushing the limits to this new goal. The ‘700 Club’ has now been created and we look forward to adding other production shifts to the new category in our future,” Proe- frock said. Niagara Sheets is a joint venture with an ownership group that includes Jamestown Container, Smurfit We- strock, Cascades, and Buckeye Corrugated. The plant op- erates six to six-and-a-half days per week with four rotat- ing 12-hour shifts. For more information, visit NiagaraSheets.com .
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Signode Unveils New BXT4 Plastic Strapping Tool
In terms of performance, the BXT4 tool integrates the latest battery technology, doubling the capacity for lon- ger operation and fewer interruptions. Its motor-assisted strap insertion and tensioning enable high-speed, efficient strapping, even in the most demanding environments. The
Tampa, Florida based Signode, a global manufacturer of a broad range of automated transit packaging equipment, tools, consumables, automation and support solutions, in- troduced the BXT4 Battery Hand Tool for Plastic Strapping with EasyTriggerTM Technology. This next-generation tool builds upon the innovations of the previous BXT genera- tions with features touted for enhanced usability, perfor- mance, and durability. The BXT4 tool is designed with ergonomics at the forefront with the new EasyTrigger Technology, which simplifies the strapping process. This feature allows users to operate the tool with minimal manual force, reducing workplace fatigue and improving efficiency. With just a sin- gle click, the tensioning unit is quickly opened with motor support, making it easier than ever to handle strapping tasks, even in demanding environments. The EasyTrigger Technology also enables controlled release of strap ten- sion at any point before the welding process, offering en- hanced flexibility and operational performance. Additional features include an optimized center of gravity for more balanced use, a rubberized handle for a more comfortable grip, and a new full-color display that of- fers intuitive visual guidance for strapping operations and real-time feedback.
tool’s robust construction includes a wear-resistant base plate and impact-resistant display for long-lasting durabili- ty and reliability, even under harsh conditions. “We are excited to introduce the BXT4 tool to the indus- try,” says Ralph Kieffer, Director, Global Market Develop- ment. “This iteration of our BXT line is a direct response to the feedback and requests we’ve received from our cus- tomers. By listening to their needs and understanding the CONTINUED ON PAGE 20
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Signode Unveils (CONT’D FROM PAGE 18)
challenges they face, we’ve engineered the BXT4 tool to enhance productivity while improving operator comfort.” The BXT4 tool also offers superior serviceability, with easy access to key components for quick maintenance
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and repair, resulting in minimal downtime and extended tool life. This, combined with Signode’s comprehensive support services, including technical training, mainte- nance, and repair, makes the BXT4 tool an indispensable tool for industries ranging from logistics to heavy-duty packaging applications. For more information, visit www.signode.com or email sales@signode.com.
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Employee Handbooks (CONT’D FROM PAGE 1)
an HR consulting firm. “They can create both opportunities and liabilities.” Adding fuel to the fire is a fundamental shift under- way in the purpose and practice of the typical handbook. “Employee handbooks are no longer just listings of work rules,” said Adler. “A growing number of companies are us- ing them to describe the strategic and business objectives of the organization.” Ambitious statements about a company’s progressive culture, though, risk over-promising in terms of the organi- zation’s worker relationships. “Employee handbooks that are misaligned, improperly drafted or ineffectively imple- mented can have negative consequences,” said Adler. Protecting The Employer While employers of all sizes need to be careful of the statements they include in their handbooks, the converse is also true: Well-written handbooks can help protect em- ployers from legal liability. And one characteristic of a good handbook is the inclusion of procedures employees should follow when they encounter workplace problems. “The handbook should describe processes that em- ployees can use to express concerns about employment practices that affect them,” said Peter Cassat, a partner at the law firm of Culhane PLLC. “Because employers must have had knowledge of an alleged incident to be liable for violation of the law, they can often defend themselves by noting that employees filing suit did not avail themselves of reporting avenues as outlined in the manual.” Attorneys also advise including the following: • Overtime policies Failing to pay properly for overtime can carry serious fi- nancial consequences. However, the Fair Labor Standards Act has created a so-called “safe harbor” from liability for unpaid overtime when employers have instituted ade- quate procedures that grant employees opportunities to request wage corrections. “When an overtime issue arises, administrative agen- cies such as the Wage and Hour Division of the US De- partment of Labor will ask to see a copy of the employee handbook,” said Jean E. Novak, chair of the Employment Group at Strassburger McKenna Gutnick and Gefsky. “They look for adequate notice to employees about re- porting procedures.” Employment attorneys suggest businesses include a statement such as this in their handbooks: If you think we've made a mistake, bring it to our attention. We want to know and will correct any error. The FLSA safe harbor protection will only work, though, if the employer has taken pains to follow the law. “If the company knew employees were working off the clock and did nothing about it, or they weren't enforcing their stated policies, it won't make a difference,” cautioned Hunter K. Yoches, an associate in employment law at Bass, Berry & Sims.
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Employee Handbooks (CONT’D FROM PAGE 22)
• Email policies “Employment manuals should make clear that employ- ees do not have an expectation of privacy in their elec- tronic communications over their employer’s network,” said Cassat. This policy applies to more than just email. Modern workplace communications include a host of elec- tronic transmissions, such as text messages, Zoom video calls, and social media posts. All can be transcribed and searched and are potentially discoverable in employment disputes. “The handbook should state that all communications become the property of the business,” said Gregg. “That is in effect fair warning that everything an employee com- municates may be viewed, even if the person deletes it.” • Drug policies “Businesses want their employees to show up, be
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ready and able to work, and not be impaired by drugs or alcohol,” said Novak. “And that expectation should be in- cluded in the handbook.” The handbook may also include a statement to the ef- fect that employees will not be penalized for seeking help by accessing the services of the company EAP or other resource, and that time off will be provided for rehab. This may be balanced by a statement that the company may terminate addicted employees who do not utilize available resources. • Medical privacy Your handbook should affirm the company’s compli- ance with the Genetic Information Nondiscrimination Act (GINA). That means your company will not collect employ- ee genetic or family medical history. As with overtime, this will help provide a “safe harbor” against lawsuits for al- leged discrimination occurring as a result of such informa- tion. Gregg added that companies should inform medical providers they do not want to be given information about the medical history of an employee’s family. And general terms should be used when physicians communicate em- ployee-related medical topics. Rather than state that Andy is absent from work because of a “heart condition com- mon to his family,” the doctor should use a general term such as “serious medical condition.” CONTINUED ON PAGE 26
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Employee Handbooks (CONT’D FROM PAGE 24)
Board Converting NEWS INTERNET DIRECTORY
Holding Back Some well-intentioned handbook statements can come back to bite the unwary employer. Attorneys sug- gest leaving out the following: • Progressive discipline statements Many companies rightly take pride in enlightened pro- gressive discipline policies that correct wayward employ- ee behavior while protecting the business’s labor invest- ment. Even so, companies should avoid getting locked into set procedures. “Rigid progressive discipline policies can backfire be- cause they seem to be guarantees,” said Gregg. “Compa- nies may end up being bound by them.” When egregious misconduct occurs, employers may feel constrained from seeking to terminate employment immediately. “It’s better
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that the handbook state the company has discretion to de- cide the level of discipline at any time and can terminate employment at its discretion.” Gregg added it can be helpful to provide fair warning by listing a few things that can get people fired. “You can't list everything, but you can include major ones such as “It can be important to include attendance policies that describe how to call in sick and what steps to take to au- thorize an absence,” said Gregg. Trouble can arise, though, when an employer defines verification time frames. dishonesty, theft, and harassment.” • Absentee verification policies Suppose a handbook states that the company may require medical verification for any absence longer than, say, three days. That’s exactly the kind of thing that can create an unintentional contract, noted Gregg. Suppose the same company later fires an employee for calling in sick for two days, because the employee was discovered to have actually been out playing golf. The employee has a defense against termination because the company had given up its right to require verification for a three-day pe- riod. • Too much detail in general When in doubt, omit detail. “Employment policies should allow for flexibility where appropriate,” said Cassat. “Otherwise, employers might be accused of failing to fol- low their own directives. That can make it more difficult to CONTINUED ON PAGE 28
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Employee Handbooks (CONT’D FROM PAGE 26)
Board Converting NEWS INTERNET DIRECTORY
rely on them as a basis for disciplinary action.” Here’s an example: Suppose an employee handbook states that people may never drink in the workplace. Then the employer turns around and sponsors a workplace event during which alcohol is served. This gives an em- ployee who drinks on the job a defense against termina- tion, since the employer broke its stated policies. Employers should also avoid the temptation of includ- ing morale-boosting statements such as Our policy is to promote from within, or We know you will enjoy your long- term employment. Such well-intentioned statements may be advanced as evidence later by disgruntled employees who consider them contractual. Annual Reviews Adopting a compliant employee handbook can be a daunting task, particularly for smaller employers. The legal landscape is becoming more complex as federal agencies issue a continuing round of new regulations that tighten the employer-worker dynamic. State governments are also getting into the act, making the challenge all the greater. “California and New York are no longer the only states playing in the field of employ- ment law,” said Yoches. “Every year more states are man- dating new obligations. Employers need to get in line with those laws or face legal exposure.” Companies should ensure they remain up to date by going through their handbooks at least once a year. “While most employment laws and principles stay pretty much the same, regular tweaks occur,” said Gregg. “For example, the Pregnant Workers Fairness Act (PWFA) is a recent law that expands reasonable accommodation requirements and necessitates policy changes.” Computers can help. “Many companies are moving to- ward digitization,” said Cassat. That makes text updates all the easier. Too, employee attestation becomes easier because the company obviates the need to maintain phys- ical files of paper signatures. “However, a lot of companies still like the feel of a printed handbook, and the ability to point something physical,” noted Cassat. “So I think there's a place for both.” Paper or digital, the employee handbook is a living, breathing document that can enhance the company in the eyes of its workers. Doing without one, despite the requi- site hassles, is a mistake. “A well-written handbook can be a hugely valuable tool,” said Cassat. “It can articulate the company’s mission, unite employees behind a common purpose, and detail how the company does business in compliance with the law.”
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