Pub. 12 2013-2014 Issue 2

N e w J e r s e y C o a l i t i o n O f A u t o m o t i v e R e t a i l e r s 21 new jersey auto retailer w w w . n j c a r . o r g the policy allows for multiple avenues of complaint, so that employees have various places to go if they feel harassed or victimized by discrimination. Additionally, the anti-retaliation provision often warrants its own policy. Moreover, manda- tory anti-harassment training for all employees, especially for supervisors and managers, should be conducted on an annual basis. Dealerships with an effective, published policy against harassment and retaliation with a detailed, multi-avenue com- plaint and investigation procedure will have a great defense to certain claims when an employee fails to invoke the established procedure. 4) Leaves of Absence: If your dealership employs 50 or more employees, you are required to comply with both the Fed- eral Family and Medical Leave Act (FMLA) and also the New Jersey Family Leave Act (NJFLA). A Handbook is a forum for the dealership to clearly state employee eligibility requirements and to summarize the benefits each leave provides. Eligible employees are provided up to 12 or 26 weeks of unpaid, job- protected leave, with full benefits, during any 12-month period for certain qualifying events as defined by the FMLA and the NJFLA. The leave policy should also state whether the leave is paid or unpaid and how it interacts with any paid time off policy and applicable wage replacement laws. 5) Americans with Disabilities Act Amendments Act (ADAAA): The ADAAA prohibits discrimination against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person’s physical or mental disability, as defined by the statute. The ADAAA also requires the employer to make reasonable accommodation(s) for all employees or applicants with dis- abilities of which it is aware, provided that the individual is otherwise qualified to safely perform the essential duties of the position, with or without reasonable accommodation, and provided that any accommodations do not create an undue hardship for the dealership. By including an ADAAA policy in the handbook, dealerships shift the burden to request ac- commodation onto employees, and demonstrate an affirmative commitment to offer reasonable accommodations when doing so will allow employees to perform the essential functions of their jobs. 6) Time and Attendance: Customer service is of the ut- most importance to any dealership and, as such, employees are expected to be on time and ready to work. A time and at- tendance policy setting forth the dealership’s call-in procedure for employees in the event of an absence, late arrival or early departure is critical to effective dealership operations. The policy should also address the consequences of consistent ab- sences, excessive tardiness, the failure to clock in or out and/ or late arrivals. The policy should also address overtime pay and what approval process an employee must undergo in order to receive overtime. 7) Discipline: Having a well-defined discipline policy will provide employees clear guidance regarding their workplace behavior. It is important that all personnel action be docu- mented, from warnings to terminations, and that all documents be placed in the employee’s personnel file. The documentation should refer to any dealership policy that has been violated. Moreover, periodic performance evaluations should be con- ducted, filed and reviewed with employees. 8) Monitoring Electronic Communications: With the prevalent use of workplace computer systems, dealerships need to reserve the right to review and monitor all information that passes through their computer systems. Employers should remind employees that there is no expectation of privacy in any communication—whether business related or personal— performed using company equipment. Dealerships may also seek to prohibit private Internet access and/or the use of smart phones during work hours. 9) Alcohol and Drugs: A drug and alcohol policy is impor- tant to protect the safety, health, security and well-being of both employees and customers that visit the dealership. The policy should provide clear guidelines and consistent pro- cedures for handling incidents of employees’ use of alcohol, drugs or controlled substances in the workplace that affect job performance and to make every effort to institute and maintain a drug-free workplace. It is important to also note that the ADAAA and many state disability rights laws protect handbook  continued on page 23 Dealerships with an effective, published policy against harassment and retaliation with a detailed, multi-avenue complaint and investigation procedure will have a great defense to certain claims when an employee fails to invoke the established procedure.