Recommended
Recommended
More Related Content
Similar to Keeping employee handbooks current 2018
Similar to Keeping employee handbooks current 2018 (20)
Recently uploaded
Recently uploaded (20)
Keeping employee handbooks current 2018
- 1. Employee Handbooks -Why your clients need them -Why they need to be updated -Hot topics in employee handbooks May 16, 2018 Mark Spitz Spitz Legal Counsel LLC
- 2. Why Have an Employee Handbook ? • Sets behavior expectations for employees • Explains complaint procedures • Includes key job information • Clarifies at-will employment relationship
- 3. Mitigation of Legal Risks Necessary for organizations of any size, for-profit or non- profit Outdated handbook also increases legal risk Increase in EEOC claims and litigation: Discrimination or retaliation Release of private information Employee against employee
- 4. Communicate Expectations What employees can expect from the employer Company culture Acceptable behavior Legal obligations of both Employees’ rights
- 5. Job Information *Clear and concise advice *Reinforces culture *Easily accessible information Leave policies Grievance procedures Company rules Disciplinary procedures
- 6. Key considerations for effective handbooks • Keep current with changes in state and federal law and regulations • One size does not fit all: must be tailored to the organization’s unique needs • Issue in other languages, depending on workforce • Signed employee acknowledgement
- 7. Welcome Message to New Employees Company mission statement Equal opportunity statement Contractual disclaimer and at-will statement Purpose of the employee handbook Background information on the organization Acknowledgement of receipt of handbook
- 8. Job-related Information Employee Classification Categories Payroll information Nepotism, Employment of Relatives and Personal Relationships Progressive Discipline Separation from Employment
- 9. Workplace Safety Drug use and testing policies (including marijuana) Workplace bullying and harassment Violence in the workplace General safety rules Tobacco use
- 10. Workplace Expectations: General Confidentiality Conflicts of Interest Outside Employment Attendance and Punctuality Attire and Grooming
- 11. Compensation Performance and salary reviews Payment of wages Time reporting Meal/rest periods Overtime pay Employee travel and reimbursement
- 12. Time Off & Leave of Absence Holiday pay Vacation Sick leave Family and medical leave Personal leave Bereavement leave Jury duty Voting leave Military leave Lactation/ breastfeeding
- 13. Benefit Plans Brief description all that is necessary Plan documents control, so refer employees to those
- 14. Workplace Expectations: Privacy Electronic communication and internet use Social media – acceptable use ”Bring your own device” policies Monitoring of employee communications and internet use; expectation of privacy
- 15. Hot topics for Handbooks Sexual harassment in the ”MeToo era” Social media use and employees’ NLRA rights Employee access to personnel files Employee discussion of compensation
Editor's Notes
- Federal and state laws and the growing number of cases of employee related litigation against management strongly suggests that a written statement of company policy is a business necessity for firms of any size. For example, the United States Equal Employment Opportunity Commission reported that in 2005, companies paid out more than $378 million in discrimination non-litigated settlements. In 2007, the EEOC received a total of 82,792 discrimination charges filed against private businesses. Other examples of litigation against a company stemming from employee actions are the release of a customer's private information and, of course, the actions of one employee against another; sexual harassment being this type of offensive employee conduct. An effective Employee Handbook Company Policy Manual is a very obvious, simple and inexpensive answer to the question, "How does a business protect itself against lawsuits based on employee behavior?" There are several key elements that businesses should consider before implementing an Employee Handbook.
- An employee handbook is an important communication tool between you and your employees. A well-written handbook sets forth your expectations for your employees, and describes what they can expect from your company. It also should describe your legal obligations as an employer, and your employees' rights.
- The employee handbook is an excellent place to bring together employment and job-related information which employees need to know, such as holiday arrangements, company rules and disciplinary and grievance procedures. It can also provide useful source of information to new staff as part of the induction process. A written employee handbook gives clear advice to employees and creates a culture where issues are dealt with fairly and consistently.
- Starting 1/1/17, employees of private employers are allowed to review their employment files at least annually, and former employees can review them one time. The review can be restricted to the presence of an employer representative in charge of files. The definition of “personnel file” is specified and excludes confidential investigations or other materials kept in separate files. employers may not take action against employees who do so, or require them not to disclose their pay