Introduction

Introduction
Authored by Andrew Wampler

Wilson 1bca35f096d56ee718c45bfa7080d4cdc0dac51aa6b2e653b2ea8ce1b527da5a


Wilson Worley - Attorneys at Law

 



Wilson Worley has an established commitment to superior client service beginning with its formation in 1951.  Our attorneys provide civil legal services in Virginia and Tennessee.  We listen to client needs and enjoy developing long-term relationships.  We pride ourselves on our reputation as lawyers and as influential leaders in our community.



Wilson Worley’s labor and employment practice is experienced in management-focused employment law.  We work with our clients to ensure compliance with federal and state labor laws, and to minimize disputes with employees.  Our goal is to avoid litigation or arbitration, but we are ready and capable when it is necessary.  We have represented a variety of employers, both public and private, including healthcare providers, manufacturers, non-profits, governmental entities, service companies, and other types of businesses.



Our attorneys provide a broad range of services, including covering the various areas of law discussed in this manual.

 

Wilson Worley, PC

2021 Meadowview Lane

2nd Floor

PO Box 88

Kingsport, TN 37662



Phone: 423-723-0400

Fax: 423-723-0429

www.wilsonworley.com

 

 


Andrew Wampler 

 

Andrew Wampler is President of Wilson Worley, PC, and has served several years as chair of its employment section. He practices in labor & employment, health care, business law, and commercial litigation in Virginia and Tennessee, holding licenses in both states. He is admitted to practice in state and federal courts in both locations.  He reviews and negotiates contracts, handles business transactions, and conducts investigations.  He is a member of several legal and professional groups, and he is Certified in Healthcare Compliance (CHC) and is a Certified Compliance & Ethics Professional (CCEP).



Mr. Wampler has been recognized as a Fellow of the American Bar Foundation, an honor reserved for no more than 1% of all practicing attorneys. He works as an Assistant Examiner for the Tennessee Board of Law Examiners, writing and grading law candidates’ bar exam essays. Mr. Wampler writes on legal topics in journals and in an employment blog, with his work cited by the Sixth Circuit Court of Appeals and used for training by Met Life. He also serves several organizations as counselor and volunteer, including the United Way, Chamber of Commerce, Boys & Girls Club, Providence Medical Clinic, Covenant Counseling Center, and Small Miracles Therapeutic Equestrian Center.



Mr. Wampler received a J.D. after earning an M.A. in English from the University of Tennessee and a B.A. from Presbyterian College.  In law school, he received the William M. Leech Memorial Scholarship, Distinguished Student Attorney Service Award and the Jerry J. Phillips Comment Award.  He served as Articles Editor of the Tennessee Law Review.  He has also taught English and literature classes at the University of Tennessee and at Roane State Community College and has taught Non-Profit Certificate program courses at Northeast State Technical Community College in addition to continuing education classes through state and local groups.


Editor's Foreward


Human resources always includes change from workflow process to generational issues. Years ago, companies had a personnel department to manage employee paperwork.  With new laws and documentation requirements, employment-related issues have increased exponentially.  For that reason, human resource work has evolved from document custody to management of issues with competing interests.  Employers task the human resources department with recruiting, staffing, training, and helping to manage people so that the business can perform and be compliant.  The human resources professional has become one who must be able to gauge the business, interact with the employee, know the law, and advise management.  And often, human resources professionals are pulled into strategic planning and development of business models.

Not all changes are bad, but employers must "tend to" issues that didn't exist before. Tracking local, state, and federal laws; monitoring labor and worker advisories and opinions; and managing benefit changes and requirements can be daunting.

We intend this book to be a general reference with overview of significant labor and employment principles. It is not exhaustive but can be a valuable resource. Of course, any reference is limited in its depth of analysis of particular situations and possible legal consequences.  This book does not take the place of consultation with legal counsel and should not be considered legal advice.  We hope this resource will provide a useful tool for day-to-day employment tasks.

I wish to thank the staff of American Chamber of Commerce Resources for being professional and thorough publishers and for being good to work with.  

Andy Wampler

Features of our unique library

Employment laws are modified every year and staying up to date on all the changes can be a full time job – and is, for human resource professionals and employers. For the experienced attorneys who write our books, this manual is a way to help educate businesses to stay on the right side of employment law, minimize the risk of litigation, and avoid costly penalties. This reference has been organized to fit the needs of most businesses and outfitted with numerous features to help employers ensure policies and business practices are in compliance with the law.

The integrated HR library

We have integrated the "Virginia Human Resources Manual” and the "Model Policies and Forms for Virginia Employers” into a comprehensive library where all of the best practices for businesses can be found. The manual includes important employment law considerations, such as screening applicants, creating an employee handbook, and wage and hour regulations, as well as corresponding sample forms and policies to assist employers in implementing rules and regulations in the workplace.

Your HR toolbox

In the next section, "Your HR toolbox" you will find two very helpful tools: "Your HR audit - a questionnaire" and "Helpful compliance chart".



In "Your HR audit - a questionnaire," we have developed a list of questions for you to answer to create your own, personal business "snapshot" that determines whether or not your workplace is in compliance with fundamental employment laws. If you don't know the answer to any of the questions, topic references are provided for further guidance. 

The "Helpful compliance chart" section is formatted to help an you easily figure out what laws you are responsible for complying with, based upon the number of employees you have.

The visual aids

To make this book a more functional resource, we’ve displayed the subject matter in lists, tables, and charts. Don’t miss:


  • what can and cannot be asked in an interview - an easy-to-read table

     

  • the table of top 10 most cited OSHA standards from 2015.

     

  • sample notices on subjects ranging from background checks to safety and health

     

  • the flowchart that helps decide, Is an injury recordable?




The content

While we’ve worked to make this book as effective as possible – providing efficient ways to find specific content without expecting busy employers to sit down and read the text straight through – we want every chapter to be readable and uncomplicated, letting employers know what to do, how to do it, and a little bit of why. If you don't have the time to read this whole book, here are some hot topics we’d like to highlight:


  • Based upon the growing use of social media sites such as Facebook, Twitter, and LinkedIn, our Internet usage sections have been designed to help employers deal with the misuse of the Internet during working hours.

     

  • Healthcare reform has undergone several changes. How does healthcare reform impact benefits?




The connections

This book contains contact information – including websites, email addresses, phone numbers, and fax numbers for many government departments and local organizations.  Mentions of external sources are followed by links to make it easier to apply the text to an individual business. To continue the dialogue, look for sections entitled, "Where to go for more information".  Think of this manual as the most detailed address book ever owned!




The policies

As many employers have learned through experience, an employee handbook can be an extremely beneficial tool in accomplishing an employer’s human resources objectives. The materials presented in this manual are intended to provide employers with some practical ideas regarding possible topics to include in an employee handbook. Examples demonstrating how to approach these various areas are also included. Each sample policy contains commentary explaining why particular language is desirable or even imperative from a legal standpoint. This commentary may prove helpful to employers in adopting policies and procedures specifically tailored to the needs of their particular businesses and workforces.

In addition, each sample policy contains a statement indicating whether that particular policy is or may be legally essential, legally desirable, or optional. These terms refer to the advisability of including such a policy in the employee handbook.



  • Legally essential: If a particular policy is denoted as “legally essential,” then it is virtually imperative from a legal standpoint to include such a provision. Few policies are so identified, but a failure to include such policies may have adverse legal consequences for the employer.

     


  • Legally desirable: If a policy is identified as “legally desirable,” then its inclusion may provide important legal benefits to the employer. Those benefits are described in the commentary accompanying each sample policy.

     


  • Optional: If a policy is labeled as “optional,” then the policy may be included or omitted without significant legal ramifications. It should be noted, however, that even when a particular policy is identified as optional, it is always advisable to include the policy in writing, if the employer elects to have a policy at all.




The forms

The forms in this book are provided for general use by Virginia businesses. Most of these forms are applicable to a large number of businesses. However, every company has different needs. Thus, an employer, with the advice of its employment attorney, should carefully analyze each form and customize it as appropriate and allowed by law.



In cases where multiple forms are provided, it is recommended that an employer select the form that best suits its particular business needs. Employment laws are constantly changing. Therefore, this manual may not contain every form that is necessary for every business. In addition, the evolving nature of employment laws makes it highly advisable for an employer to consult with its attorney before it adopts, modifies, or publishes forms.




The appendices

We’ve tried to make every page of this manual useful, not just the beginning; so don’t dismiss the appendices. At the end of the book, there are a number of valuable resources regarding state and federal recordkeeping and posting requirements. Find the exact information needed, compiled and at hand, ready for use.




hrsimple.com

Don't forget to visit hrsimple.com – another great website resource where you can find other state books, as well as federal resources.  It’s the HR library, for the digital era we live in. For more information, please contact us at 866-439-2227.



So relax – from hiring to firing, this manual is your personal bookshelf HR manager.