Nonprofits Insurance Alliance

Despite the fact that there are no state or federal laws that require an employer to have and provide handbooks to their employees, it’s almost universally agreed that having and using a well-drafted, comprehensive, and easy to understand handbook serves a number of legal, practical, and risk preventative purposes, and nonprofits are no exception.

Citing a substantial increase in complaints of discrimination and failure to accommodate employees with mental disabilities, the United States Equal Employment Opportunity Commission (EEOC) has released new guidance for employees with these disabilities, advising them of their rights to be free from such discrimination and to request and receive accommodations for their disabilities.

As all employers are aware, the Immigration Reform and Control Act of 1986 requires all employers to verify that all employees hired after November 6, 1986 are legally entitled to work in the United States. Employees must also provide employers with sufficient documentation that establish identity and employment eligibility, and complete the I-9 Employment Eligibility Verification form. The last form before the 2016 revision was published on March 8, 2013.

For years, many employers have automatically required drug testing of an employee involved in any work-related accident.  The fact that an accident occurred was justification for the testing, without regard to whether any suspected drug or alcohol use contributed to the accident, and regardless of the severity of the injury or damage.

While the California Labor Code requires employers to provide meal and rest breaks to their nonexempt employees, the pressing needs of the business or urgency in the delivery of services may tempt individuals to forego these breaks.  Recent decisions by the California Supreme Court, however, illustrate that employers should be very careful to ensure employees are free to take these breaks and are relieved of all work duties while those breaks are taken.