Best Practices for Effective Employee Handbooks Presented by: Amy Combs Bender, Esq. T: E:

On the Agenda Why have an employee handbook? What should the handbook contain? How should you distribute the handbook?

Why Have an Employee Handbook? Employees know what to expect and what is expected of them Provides supervisors with procedures to follow when managing employees Establishes organization is progressive and professional

Why Have an Employee Handbook? Strengthens defense in litigation – Harassment claims Employer exercised reasonable care to prevent and correct promptly any harassing behavior  harassment policy Plaintiff failed to take advantage of those opportunities or to avoid harm otherwise – FLSA claims Safe harbor for deductions from exempt employees – Claims involving termination for policy violations – Unemployment claims

Introductory Language Purpose of handbook – General guidelines – Policies are not binding and may be modified, revoked, suspended, or terminated at any time and without notice – Comply with applicable laws – Interpretation is responsibility of designated official

Introductory Language At-will employment – Employment is for no definite period of time – No assurance of continued employment – Employee or employer may terminate relationship at any time for any reason, with or without notice or cause – No contract of employment unless in writing and signed by designated official

Equal Employment Opportunity List protected classes and include catch-all language Prohibited activity – Discrimination – Harassment (sexual and other forms) – Retaliation Accommodation requests (disability, religion)

Complaint Procedure One procedure for all complaints Expect employee participation in investigations No retaliation False complaints Refer to complaint procedure in individual policies

Complaint Procedure Report to HR, not supervisor – Consistent – Trained – Objective Include multiple channels of complaint Include contact information

Discipline/Standards of Conduct Give examples of conduct that typically warrants discipline Include catch-all/discretion language Describe available levels of discipline – Employer has discretion to use any form or none – No progressive discipline

Categories of Employment Introductory period – Probationary period – At-will Categories based on hours worked and benefit entitlement – Full-Time (not “Permanent”) – Part-Time – Temporary/Seasonal

Attendance Procedure for reporting absences – Time frame – Method – Recipient Infractions (points, number of absences/tardies) “Excessive” absenteeism or tardiness Protected absences are not counted

Compensation and Benefits Cannot prohibit employees from voluntarily discussing compensation – “Concerted activity” under NLRA Health/dental insurance, 401(k), etc. Right to modify or eliminate benefits Benefit terms controlled by plan documents

Leave Vacation/Sick/PTO Military Jury Duty Bereavement Personal

Leave Family and Medical Leave Act (“FMLA”) – Covered employers: Private  employers with 50+ employees, school employees Public  all – Handbook provisions General notice regarding FMLA’s provisions and procedures for filing complaints with DOL Must be included in employee handbook if any eligible employees (29 C.F.R. § (a)) WHD Publication 1420 (Employee Rights and Responsibilities Under the Family and Medical Leave Act)

Recording Time Required to report actual hours worked and verify time record Describe timekeeping method (time sheets, time clock, electronic system) Prohibit working “off the clock” Prohibit falsifying time card or using another employee’s time card

Work Time/Overtime Comply with FLSA (and state/local law) provisions on minimum wage and overtime Overtime may be required Overtime must be approved in advance – “Pay and punish” Exempt employees do not receive overtime

Work Time/Overtime Safe harbor for improper deductions from exempt employees – Clearly communicated policy that prohibits improper pay deductions (based on variations in quality or quantity of work) and includes a complaint mechanism  handbook – Reimburse employees for any improper deductions – Make good-faith commitment to comply in future

Inspection/Monitoring Phones, s, desks, lockers, etc.  property of employer Passwords do not guarantee privacy Will conduct searches lawfully Employment/continued employment constitutes consent

Social Media Facebook, Twitter, LinkedIn, blogs, etc. Cannot prohibit “concerted activity” Expectations for conduct – Not on work time – No association with employer (or add disclaimer) – No disclosure of confidential information – Subject to EEO and other policies – Potential for disciplinary action

Other Policies Safety and Security/Workplace Violence Computers/ /Electronic Equipment Cell Phones Substance Abuse Solicitation/Distribution

Other Policies Nepotism Non-Fraternization Dress and Grooming Suggestions and Ideas Job References

Disclaimer and Acknowledgment Form Obligation to read and understand contents Indicate where current version is maintained Reiterate: – Purpose of handbook – Interpretation of policies – At-will status

Disclaimer and Acknowledgment Form Employee must sign and date Return to HR Maintain in personnel file

Format Plain language Organized – Categories or sections Written and electronic/online Alternate versions: – Other languages – Multiple states

Distribution Orientation/new hire Review and update annually – January 1 – Open enrollment Maintain current version in HR or online – Include in handbook and acknowledgment form

Model Policies Available Equal Employment Opportunity Complaint Procedure Disclaimer/Acknowledgment Form