Employee HandbookEssentials

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Employee Handbook Essentials

Common Mistakes and PitfallsPractice Considerations

What Is The Purpose Of Your Handbook?

1. Communication Resource• Company mission, values, policies, procedures and

benefits2. Limits Legal Liability

• Protects against discrimination and unfair treatment claims

• Explains applicable laws3. Administrative Time Saver

• Helps orient new employees• Answers questions that arise during employment

What Should Your Handbook Accomplish?

THREE “C’s”:1. Not a Contract2. Communicate policies3. Comply with applicable law

Mistake #1: One Size Does Not Fit All

Using Form Handbooks

• Handbooks must be tailored to your workplace• Forms:

• May contain irrelevant policies• May omit important material• May make promises you cannot meet

• Your Handbook must set the right tone for your company and reflect your company’s culture

Mistake #2: Do As I Say, Not As I Do

Conflicting Policies/Practices

• Scan workplace for practices. If there are no policies, develop them.

• Do policies reflect practice in workplace? (“You will receive an Annual performance review”)

• Use wiggle room language(“Generally we attempt to review your performance on an annual basis”)

• Uniformity and Consistency in Application/Enforcement• Compare Handbook to other company documents (benefit

documents) to ensure consistency

Mistake #3: Too Much Can Hurt You

Is Your Handbook Too Wordy?

• Write to the level of your entire employee population• When you can, keep it simple

• Policies explaining company practices, benefits, etc. should be short and easy to understand

• Employment laws sometimes make brevity a challenge• Family and Medical Leave Act• Harassment and Discrimination laws

• Still, avoid overly legalistic language• No “Whereas” or “Heretofores”

• Do we really need a policy on this topic?• Do not include employee names, other information that changes

frequently

Mistake #4: Not A Contract

...Means Not a Contract

Eliminate any language that might be perceived as creating rights contrary to employment at will

• “Probationary”; “Permanent”• Lock step disciplinary practices• Listing disciplinary offenses• Arbitration Agreements• Non-Competition/Confidentiality Agreements• Employee Invention Agreements

Mistake #5: Can I Bring My Gun To Work?

Conforming To State Law

• Weapons in the Workplace• Access to Personnel Records• Family/Pregnancy Leave• Payment on Termination• Accrual of Vacation• Overtime

USE OF THE CATCHALL PHRASE“. . . unless otherwise required by state law.”

Mistake #6: Navigating “The Bermuda Triangle

FMLA, ADA & Workers Compensation

• Three distinct laws which often overlap• Three different government agencies in charge of

enforcingFMLA – Job Protections, 12 weeks of leave, BenefitsADA – Providing more leave may be “reasonable accommodation”

WC – Specific to work-related injury

Mistake #7: Did You Hear About...?

Privacy Issues

• Medical Privacy – HIPAA may require privacy and security safeguards

• Confidential Business Information• Computer/Internet/Technology Issues• Searches on Employee Property• Compensation Information

• Who is in charge of safeguarding this information?• Is importance reflected in your policies?

Mistake #8: Are You Kidding Me?

Unrealistic PoliciesDon’t commit to a policy that can’t be enforced• No fault attendance policy• Strict progressive discipline policies• NLRB Rulings

Avoid Rigidity• Listing prohibited conduct• Personal appearance policies• Personal/romantic relationships

Avoid language which unduly limits discretion

Mistake #9: I Thought It Was A Gift!

Equipment Use & Return

• Laptops, cell phones, tools, vehicles, uniforms, etc.• What does your policy state about the use of such

equipment? at work on the employees personal time

Policy should clearly state:1. Equipment belongs to the Employer2. Policies to guide proper use, care and return of property3. Consequences if equipment is damaged, lost or not

returned

Mistake #10: Failure To Update & Train

• Once Handbook is written, it must be periodically reviewed and revised to reflect changes Law – Policy – Procedure

• Who is in charge of this?• How often should this be done?• As Company grows, different laws may apply• Are your supervisors trained on policies? Trained on changes/revisions Company’s vision/culture

Employee Handbook Essentials

Policy Content

Overview

Policy Must Haves vs. Policy Options

The Beginning and The End

The beginning At-Will Disclaimer and GeneralDisclaimer

The end Acknowledgement of Receipt(Employee Copy and Employee Copy)

EEO – Title VII

A. Commitment to equal opportunity• Background Checks• Fair Credit Reporting Act

B. Federal Statutes• Americans with Disabilities (ADAAA)• Pregnancy Discrimination (PDA)• Age Discrimination (ADEA)

C. Application to all facets of employment• Wages (Equal Pay Act, Lilly Ledbetter, etc.)• Training

Harassment & Discrimination

• Zero tolerance• Training (Employee & Supervisor)• Include sample prohibited behavior – they are prohibited

even if they are not illegal• Complaint procedure with several avenues for reporting

e.g., Supervisor, HR, Hotline, anonymous reporting, dedicated website

• Investigations • No retaliation

Employment Classifications

A. Regular B. Full Time (ACA or Regular)C. Part Time (maybe 30-hours or less)D. Probationary/ “Introductory”E. Seasonal/TemporaryF. FLSA classifications (exempt v. non-exempt)

Employee Benefits

A. Another disclaimer!B. Eligibility (remember ACA)C. Right to modify D. General overview – leaving flexibilityE. Reference to master documentsF. 401k

Hours Of Work

A. Business Hours• Regular hours• Special days/late nights• Inclement weather

B. Making Schedules/Changing Schedules• How are schedules established?• Can they be altered by employee agreement

(switching) or is manager approval needed?• Posted, circulated electronically

C. Telecommuting/Flex Time/Remote

Payroll Practices

A. Timekeeping /ReportingB. Overtime C. Pay PeriodsD. Bonuses/CommissionsE. Deductions – mandatory and voluntary

Time Away From Work

A. Attendance and PunctualityB. VacationC. Personal DaysD. Sick Days E. Accommodations (Disability/Religious)F. Other (Military, Jury, Bereavement, etc.)G. State Laws (Paid Sick Leave, Victim/Witness, etc.)

Federal and State Statutes

• Civil Rights Act 1964 (Title VII)• Americans with Disabilities Act (ADAAA)• Fair Labor Standards Act (FLSA)• Family Medical Leave Act (FMLA)• Pregnancy Disability Leave (PDA)• Age Discrimination in Employment (ADEA)• Fair Credit Reporting Act (FCRA)• Uniformed Services Employment and Re-employment Rights

(USERRA)• Occupational Health and Safety Act (OSHA)• COBRA• ACA – Pay or Play Penalties & Tax Reporting• State Paid Sick Leave• State Disability

Employee Conduct

Some topics that are must haves, includeA. Rules of ConductB. Drug/AlcoholC. ConfidentialityD. Disciplinary PolicyE. Dress CodesF. Workplace Violence

Technology

A. No expectation of privacyB. E-mailC. InternetD. Social MediaE. BloggingF. Mobile devices (smart phone, laptop, PDA)

Termination of Employment Relationship

A. Final paychecks

B. Exit interviews

C. COBRA/Benefit Continuation

D. Equipment Return

E. Employee references

Employee Handbook Essentials

Planning, Customizing and Distributing Your Employee Handbook

On Your Mark, Get Set.......Go!

• Starting from Scratch or Updating an Oldie?• Incorporating Existing Policies and Practices

– Opportunity for Change– Feedback from Employees

• Creating Goals and Objectives– User Friendly Format– Creating Expectations– Fairness

The Creation Process

• Investigate• Compile and Write• Review and Revise• Outside Review & Internal Approval

Formatting Considerations

• Table of Contents/Index• Spacing and Bold-Faced Headings• Use Chapters (not page numbers)• Know Your Culture

– Use of tone– Use of color, graphics, etc.

Handbook Complexities

• Need for Multiple Handbooks• Multi-state Employers

• Use of Addendums• Management Levels

• Upper Level Management• Field Employees

• Union Employees

Identifying Special Provisions

• Wage and Hour• Employee References• Workplace Violence and

Weapons• Drug Testing

• Tuition Reimbursement• Privacy Concerns• Solicitations• Employee Workspaces

The Final Product

• Print Format• Bound booklet• Three-ring binder• Posting

• Electronic Format• Intranet vs. Internet• Email

Avoid Jumping The Gun

Understanding Your Handbook

• Training HR Administrators and Management Team• Reviewing “Other” Documents• Incorporating Feedback• Final Review, i.e. consultant, attorney, peer, etc.

Handbook Distribution

• Hold a Meeting• New Hire Procedures• Updates

• Consistency• Protections

• Union considerations• Privacy concerns

Acknowledgements

• Collecting and Storing Employee Acknowledgment Forms• Choosing the Right Words

• “received and read”

• The Problem Employee Who Refuses to Sign

Going Forward

• Training Human Resources Personnel Employee Training

• Revising and Updating Your Handbook• Enforcing What is Written• Consulting Your Employment Attorney

Employee Handbook Essentials

Questions & Answers