Posted: August 1st, 2023

Drafting Employee Handbook Policies

WEEK 5 LAW/531

*It’s 4 different parts to this assignment at 175 words a piece. If you need more wording though please message me. Thank you.

Assignment:

Solar Co. Inc., a solar panel manufacturing and installation company, has recently encountered several legal issues related to harassment allegations by employees, mistakenly classifying workers as independent contractors rather than employees, and internal disputes related to employees posting sensitive company information on their personal social media accounts outside of work.

To prevent these issues from happening in the future, Solar Co. is in the process of updating its employee handbook, and the CEO has asked you to draft several pieces of material for inclusion in the handbook with each piece containing at least 175 words. The information needed in the request is identified below:

– A policy related to the prevention of sexual harassment and discrimination including specific action items that will be required of employees and management.

– A section explaining the difference between an employee and an independent contractor.

– A policy that helps ensure workers are properly classified by including specific action items that will be required of employees and management.

– A policy related to employee use of social media such as guidelines related to appropriate content and identification of Solar Co. in any posts including specific action items that will be required of employees and management.

Be sure to include explanations and justifications for each of your policies to help the CEO understand why each one is necessary.
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Drafting Employee Handbook Policies
Students Name
Institutional Affiliation

Basing on the Solar Co. legal issues related to harassment allegations, the handbook must include preventive actions against sexual harassment and discrimination. The handbook must be updated with committed a guideline that is aimed at providing a safe environment for all its employees. Employees often report discrimination and sexual harassment cases .the handbook must treat all incidents seriously by prompt investigation of the allegation and applying the necessary disciplinary action. Sexual harassment in the workplace can be defined as unwelcome conduct of sexual nature that makes the person feel intimidated or offended. The harassment may be physical, verbal or non-verbal nature. For example, unwelcome physical contact such as stroking or any form of inappropriate physical contact is classified as sexual harassment (Kahn,2010). Also, inappropriate verbal conduct such as sexual comments on appearance or jokes of that nature can get classified as harassment actions. The handbook should include the behaviors and conducts that portray sexual harassment without being limited.
The action statements should outline what sexual harassment means in a specific work environment. Solar.Co Inc. must recognize that anyone can be the victim or the harasser. Both men and women can be victims of sexual harassment. Regardless, the harassers must face disciplinary under the internal policy. The complaint procedures must be specific to ensure an appropriate response to the needs of the victim. Specific complaints procedure ensures proper investigation on the reported harassment (Kahn,2010). The complaint procedure must give the victim autonomy in resolving the matter. Some victims may want to resolve the matter in various ways such as informal or formal measures. Also, it is important to offer reporting options to the victim depending on the company’s structure. For instance, the company can allow more than one person to report the incidence. The complaint can be informal or formal complaints. An informal complaint allows the victim to deal with the matter informally by allowing the harasser to respond to the complaint. Informal complaints focus on a discussion between the harasser and the victim. Formal complaints mechanism applies when the informal approach fails to work. The mechanism requires the matter to get referred to the senior human resources. The formal mechanism requires an internal and external investigator that can conduct interviews on the parties involved. The policies will include sanctions and disciplinary measures that can prevent future harassment cases (Kahn,2010).
The difference between an employee an independent contractor is that the latter a person that offers services to the clients on a definite fee while the former offers services to the employer for a considerate fee. The two terms differ because of factors like independence and degree of control. The permanence of relationships differs thus affecting the ability to subcontract. An independent contractor offers services to organizations and businesses for a fixed compensation while an employee works for an organization regularly for a fixed remuneration exchange. The income of a contractor proceeds for the project to the project while an employee depends on salary. An independent contractor decides on the time and place of work while the employees are decided by the employee (Hermed et al,2012). Also, an independent contractor delegate’s tasks and works independently, while an employer works under the direction of an employee.
Worker classification is important because it prevents misclassification between independent contractors and employees. Independent contractors get paid differently as compared to the employees. For example, independent contractors get paid less in payroll taxes compared to the employees (Hermed et al,2012). Thus, worker classification enables organizations to identify mislabeled workers. Study shows that classifying employees and independent contractors rely on a legal and tax issue. Determining work classification requires the organization to consider the IRS guidelines. Companies pay federal income taxes, Medicare taxes, social security taxes and unemployment tax to the employees. However, companies do not have to make tax payments to independent contractors. Therefore, misclassification of workers may lead to penalties if the company fails to withhold taxes. Another aspect to look at is the relationship that the company has with the workers. The degree of control and relationship with the workers determines the level of independence involved. Behavioral control can get used to classify the workers because it entails the facts that can be used to determine the right of a business to control how the workers’ act. The instruction the business gives to the worker determines the kind of worker that is being hired. Some companies may give up the right to control the performance of the tasks especially towards independent contractors (Hermed et al,2012).
Employees can be trained by the employer to execute the projects in a particular manner while the independent contractor has the mandate to use their methods. Another aspect to consider when classifying is financial control. Aspects like the workers’ investment, reimbursed business and the extent to which the worker can make the service available to other companies, For example, an employee does not have an investment in the resources they use to perform tasks while an independent contractor has a significant investment in the resources (Hermed et al,2012). Employees and independent contractors are paid differently. Employees get paid regularly while independent contractors are compensated with a flat fee.
Professional use of social media at Solar Co. Inc. requires the employees to adhere to the code of conduct. Employees should be aware of the consequences that result from the images and information that they share. Sharing sensitive content about the company can jeopardize the image of the brand. Employees are expected to use their best judgment before posting potential harmful content towards the company, employees or customers. The handbook should include the kind of content that is prohibited in social media conduct. Posting content like libelous or slander information, pornographic, commentary and defamatory images. The code of conduct should be clear on how the employees should interact with confidential information. In case an employee wants to post such content he or she should check with the HR or the assigned supervisor (Hermed et al,2012). Additionally, the employees should get permission to post third party content because of copyright laws of intellectual property. Employees should comprehend that the company’s computer system is utilized for business purposes only. The platform should not interfere with the company’s responsibility. Therefore, employees should not use the platform for personal social media activities. The handbook must include disciplinary action for the employees that defy this rule. Violating the social media code of conduct should be punishable act at the Solar Co.Inc

References
Kahn-Freund, O. (2010). Servants and independent contractors. The Modern Law Review, 14(4), 504-509.
Harned, M. S., Ormerod, A. J., Palmieri, P. A., Collinsworth, L. L., & Reed, M. (2012). Sexual assault and other types of sexual harassment by workplace personnel: a comparison of antecedents and consequences. Journal of occupational health psychology, 7(2), 174.

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