1. Attorneys and Counselors at Law
Employee Handbooks:
Essential Components
Raymond L. Hogge, Jr.
Hogge Law
Attorneys and Counselors at Law
500 E. Plume Street, Suite 800
Norfolk, Virginia 23510
(757)
VirginiaLaborLaw.com

2. Employee Handbooks: Essential Components
This presentation is intended solely
for informational purposes and
is not offered as legal advice.

3. Employee Handbooks: Essential Components
Fundamental Considerations

4. Employee Handbooks: Essential Components
Liability
Policies Provide Protection
Lack of Policies May Trigger Liability
Bad Policies Are Worse Than No Policies

5. Employee Handbooks: Essential Components
Productivity
Good Handbooks Increase Productivity
Bad Handbooks Undermine Productivity

6. Employee Handbooks: Essential Components
Perception is Reality
Employee Perception
Gov’t Agency Perception
Jury Perception

7. Employee Handbooks: Essential Components
Why It Keeps Changing

8. Employee Handbooks: Essential Components
Statutory Changes
ADAAA
GINA
Nat’l Def. Auth. Act (Military FMLA)
Affordable Health Care Act

9. Employee Handbooks: Essential Components
Regulatory Changes
EEOC Regulations
DOL Regulations
Executive Orders

10. Employee Handbooks: Essential Components
New Court Decisions
US Supreme Court
Fourth Circuit
Virginia Supreme Court

11. Employee Handbooks: Essential Components
Nat’l Labor Relations Board

12. Employee Handbooks: Essential Components
Crucial Policies

13. Employee Handbooks: Essential Components
Disclaimer
FYI; Not Contract
Employer Can Amend
Not Employee Benefit Plan

14. Employee Handbooks: Essential Components
Employment At Will
All Employment At Will
Handbook Does Not Alter

15. Employee Handbooks: Essential Components
EEO
Title VII, ADEA, ADA
Marital Status (VHRA)
Other Discrimination?
Affirmative Action?

16. Employee Handbooks: Essential Components
Disability Accommodation
ADA
ADAAA
Rehabilitation Act

17. Employee Handbooks: Essential Components
Harassment
Sexual Harassment
Other Harassment
Culture of Respect

18. Employee Handbooks: Essential Components
Retaliation
General Prohibition
Opposition & Participation
Whistleblower Protection
EEO, FLSA, Other

19. Employee Handbooks: Essential Components
Affirmative Action
Not the Same as Diversity
Government Contractors
Government Funding
Requires Significant Resources

20. Employee Handbooks: Essential Components
Workplace Investigations
Circumstances
Procedures
Cooperation
Confidentiality

21. Employee Handbooks: Essential Components
Hiring
Based on Qualifications
Hiring Process
EEO
Disability Accommodation

22. Employee Handbooks: Essential Components
Hiring
Reference Checks
Background Checks
Credit Checks
Drug / Alcohol Testing

23. Employee Handbooks: Essential Components
Standards of Conduct
Unacceptable Conduct Examples
Not Exhaustive
Consequences
Management Discretion

24. Employee Handbooks: Essential Components
Attendance and Punctuality
Essential Job Function

25. Employee Handbooks: Essential Components
Personal Appearance
Dress Code
Uniforms
Personal Hygiene
* Employers: Be Careful

26. Employee Handbooks: Essential Components
Workplace Violence
Strictly Prohibited
Examples
Horseplay

27. Employee Handbooks: Essential Components
Computers and
Company Property
Acceptable Use
Monitoring
Privacy Disclaimer

28. Employee Handbooks: Essential Components
Social Media

29. Employee Handbooks: Essential Components
Solicitation
On Duty v. Off Duty
Where and When
Employer Bulletin Board
NLRB

30. Employee Handbooks: Essential Components
Confidentiality
Company Info
Customer Info
Patient Info / HIPAA

31. Employee Handbooks: Essential Components
Conflicts of Interest
Explain and Prohibit
Important for Financial Institutions and Publicly Traded Companies

32. Employee Handbooks: Essential Components
Performance Evaluations
Probationary Period
Annual / Periodic
Role of Job Descriptions

33. Employee Handbooks: Essential Components
Employee Discipline
Progressive v. Flexible
Appeals
Grievances
Due Process (Public Employers)

34. Employee Handbooks: Essential Components
Termination
Employment At Will
Notice of Resignation
Job Abandonment
Payment of Wages and PTO

35. Employee Handbooks: Essential Components
Employee Suggestions
Encouraged
Procedures
Tool for Union Deterrence

36. Employee Handbooks: Essential Components
Grievance Procedures
Required for Va Public Sector
Useful in Private Sector
Consider Size of Employer
Compare to Open Door

37. Employee Handbooks: Essential Components
Grievance Procedures
Greivable Issues
Grievance Steps
Supervisor Bypass
Forms

38. Employee Handbooks: Essential Components
Whistleblower Protection
EEO
FLSA
Sarbanes-Oxley
Other

39. Employee Handbooks: Essential Components
Employee Privacy
Employee Desks and Lockers
Company Vehicles
Telephones
Computers and

40. Employee Handbooks: Essential Components
Safety and Health
General Policy
Industry-Specific
Safety Training
Safety Inspections

41. Employee Handbooks: Essential Components
Drug and Alcohol Testing
General Policy
New Hire, Random, Reasonable Suspicion, Post Accident
Industry-Specific
Employer Must Pay (Va.)

42. Employee Handbooks: Essential Components
Workplace Violence
Prohibition
Prevention
Reporting
Responding

43. Employee Handbooks: Essential Components
Accidents and Injuries
Work Comp, OSHA
Prevention
Report Immediately
First Aid
Drug Testing
Investigation

44. Employee Handbooks: Essential Components
Employee Classifications
Full Time, Part Time, Temp
Hourly, Salaried
Exempt, Non-Exempt

45. Employee Handbooks: Essential Components
Wages and Hours
FLSA Policy
FLSA Deduction Safe Harbor
Payroll Errors
Payment of Wages (Va.)

46. Employee Handbooks: Essential Components
Reporting Hours Worked
Must Report All Hours Worked
Procedures
Falsification of Time Records

47. Employee Handbooks: Essential Components
Overtime Compensation
Hourly Employees
Non-Exempt Salaried Employees
Piece Rate Employees
Unauthorized OT Prohibited
Always Pay OT Worked

48. Employee Handbooks: Essential Components
Comp Time
Not Same as Work Scheduling
Pay OT with Leave
Public Sector Employees Only!

49. Employee Handbooks: Essential Components
Work at Home
Must Be Authorized (non-exempt)
Must Be Reported (non-exempt)
Telecommuting

50. Employee Handbooks: Essential Components
Rest and Meal Breaks
Rest Breaks 20 Minutes (DOL)
Meal Breaks 30 Minutes (DOL)
Must Be Reported

51. Employee Handbooks: Essential Components
Travel Time
Commuting Time
Travel Between Worksites
Out of Town Travel
Overnight Travel
Must be Reported

52. Employee Handbooks: Essential Components
On-Call Time
General Policy
Can Use Time for Non-Work
Travel To and From
Specific Jobs

53. Employee Handbooks: Essential Components
Bonuses
Payment of Bonuses
Effect on OT Calculation

54. Employee Handbooks: Essential Components
Other FLSA Issues
Waiting Time
Donning and Doffing
Training Time
Fluctuating Workweek
Public Sector Employees

55. Employee Handbooks: Essential Components
Company Holidays
Holidays Observed
Work During Holiday

56. Employee Handbooks: Essential Components
Employee Leave
Types of Leave
Eligibility and Accrual
Leave Year
Carry Over
Payment on Termination

57. Employee Handbooks: Essential Components
Vacation
Amount
Scheduling

58. Employee Handbooks: Essential Components
Sick Leave
Amount
Scheduling
Illness / Injury
Medical Certification
FMLA

59. Employee Handbooks: Essential Components
Paid Time Off
Vacation + Sick Leave Alternative

60. Employee Handbooks: Essential Components
Basic FMLA Leave
50 Employee Threshold
Eligibility
Procedures and Forms
Coordination with Paid Leave

61. Employee Handbooks: Essential Components
Military FMLA Leave
(Nat’l Defense Authorization Act)
Eligibility
Procedures and Forms
Coordination with Paid Leave

62. Employee Handbooks: Essential Components
Non-FMLA Family Leave
Not Required
Eligibility
Procedures and Forms
Coordination with Paid Leave

63. Employee Handbooks: Essential Components
Pregnancy Leave
= Short Term Disability Leave

64. Employee Handbooks: Essential Components
Maternity / Paternity Leave
Post-Pregnancy
Not Required Unless FMLA

65. Employee Handbooks: Essential Components
Military Leave
USERRA

66. Employee Handbooks: Essential Components
Employee Benefits
Summary of Benefits
Eligibility
Plan Controls Over Handbook

67. Employee Handbooks: Essential Components
Handbook Acknowledgement
Will Read Handbook
Will Comply with Policies
Employment at Will
Contract Disclaimer
Signed by Employee

68. Employee Handbooks: Essential Components
Top 10 Employee Handbook Mistakes
to Avoid

69. Employee Handbooks: Essential Components
Mistake # 10
“Google”
Adopt policies from the internet without determining they are right for you.

70. Employee Handbooks: Essential Components
Mistake # 9
“Handbook in a Can”
Use one-size-fits-all
software generated policies.

71. Employee Handbooks: Essential Components
Mistake # 8
“Fiction”
Adopt policies that sound good but do not reflect what you actually do.

72. Employee Handbooks: Essential Components
Mistake # 7
“Not My Job”
Assign the employee handbook to your secretary.

73. Employee Handbooks: Essential Components
Mistake # 6
“Everyone’s Contract”
Turn your employee handbook into a contract.

74. Employee Handbooks: Essential Components
Mistake # 5
“The Secret Handbook”
Put your employee handbook in a file cabinet instead of publishing it to your employees.

75. Employee Handbooks: Essential Components
Mistake # 4
“Guess What’s In It”
Tell your employees you have a new employee handbook instead of publishing it to them.

76. Employee Handbooks: Essential Components
Mistake # 3
“You Never Gave Me That”
Give your employee handbook to employees without obtaining a signed acknowledgment.

77. Employee Handbooks: Essential Components
Mistake # 2
“Hope It’s Legal”
Publish your employee handbook without having it reviewed by a qualified attorney or
HR professional.

78. Employee Handbooks: Essential Components
Mistake # 1
“Clueless”
Assume your employee handbook does not matter.

79. Employee Handbooks: Essential Components
For assistance in bringing your employee handbook up to date
contact Hogge Law.
For additional resources visit VirginiaLaborLaw.com