1. Presented by: Chris Cobey
Is That In Writing?: Staying Ahead Of The 2017 Litigation Wave With Effective Employee Handbooks
Presented by: Chris Cobey
Jill Lowell
October 26, 2016

2. Join the Discussion @xperthrusa #XHRLive
Have a question? Ask us during the presentation using the chat box.

3. Christopher E. Cobey Knowledge Management Counsel Littler | San Jose Office
Jill Marie Lowell Attorney Littler | Rochester Office

4. Our Agenda Why handbooks are important
What policies should, could, might, or not, be included, and why
Common pitfalls in drafting handbooks

5. Our Agenda Employee acknowledgements
The special case of federal contractors
Multistate compliance with local sick leave ordinances

6. The Significance and Value of Employee Handbooks
A statement of the company's values and culture
Source of acceptable and expected conduct
Provides employees with internal avenues to resolve matters, helping avoid lawsuits and charges
Courts and agencies will look at the content
Educational tool

7. Drafting Handbooks: What goes in?
It all depends on …
Where you operate
What types of benefits you provide
Whether you are unionized

8. Drafting Handbooks: What goes in?
It all depends on …
The type of industry
Whether you are publicly traded or a not for profit
Whether you are a federal (or state) contractor

9. Drafting Handbooks: What goes in?
Policies that must be included
Those where applicable law requires that a written policy be included
Statement that a company complies with all applicable laws

10. Drafting Handbooks: Legally required policies
- Review the law carefully before drafting
Law
Rules
Frequently Asked Questions (FAQs)
Track the language of the statute or regulation where possible, while maintaining the handbook’s tone

11. Drafting Handbooks: Are there strongly recommended policies?
Policies that are strongly recommended for inclusion
Employment-at-will statement
Handbook is not a contract of employment
Reservation of employer’s rights
Discrimination and harassment*
Wage and hour

12. Drafting Handbooks: Strongly recommended policies
Employment-At-Will Statement
Located early on in the handbook
Explains who has authority to modify the at-will employment relationship
Explains how it can be modified
If employee signature is required to modify, with option that an employee representative can also sign on the employee’s behalf

13. Drafting Handbooks: Strongly recommended policies
Contract Disclaimer / Reservation of Rights
Clear statement that the handbook does not create any contractual rights
The company has the right to add to, rescind, modify, or interpret its policies

14. Drafting Handbooks: Strongly recommended policies
Wage/Hour
Time keeping / reporting
Deductions
Overtime
Off-the-clock work
Meal, rest periods
Leaves of absence
What about checking s at home?
Duty to review paystub and report errors

15. Drafting Handbooks: Strongly recommended policies
Discrimination/harassment
EEO employer
Complete and accurate listing of protected categories
Prohibited conduct, including harassment
Complaint procedure, including multiple avenues of complaint
No retaliation
Ensure that a reasonable accommodation policy is included

16. Drafting Handbooks: Policies that should be included
Solicitation
Paid time off (sick, vacation etc.)*
Workplace violence
Use of electronic resources
Use of social media
Workers’ compensation / duty to report accident or injury
Drug-free work place

17. Drafting Handbooks: Policies that should be included
Paid Time Off
Type / Permitted Use
Amount
Accrual v. frontloading
Carryover
Caps
Notice
Payment on separation

18. Drafting Handbooks: Policies that should be included
Electronic Resources/Social Media
Permitted uses
Prohibited uses, including use that violates other policies
Respecting intellectual property (IP) rights
Security

19. Drafting Handbooks: Policies that might be included
Confidentiality
Arbitration
Topics that are important to your enterprise
Moonlighting
Dress code
Detailed standards of conduct

20. Drafting Handbooks: Policies that should not be included
Policies that are not followed or enforced
Progressive discipline
Attendance and punctuality (unless very carefully tailored)
Leaves of absence policies that impose automatic termination dates

21. Common Pitfalls in Drafting and Updating Employee Handbooks
The National Labor Relations Board
Confidentiality
Respect
Electronic resources
Wage/hour
Standards of conduct
Social media
Contact with the media (press)

22. Common Pitfalls in Drafting and Updating Employee Handbooks
Commissions
Benefits
Inconsistent provisions

23. Common Pitfalls in Drafting and Updating Employee Handbooks
Absolute prohibitions
The “voice” of handbooks
The differences between the employee handbook and the policy manual

24. The Form of Employee Handbooks
The traditional paper version
The electronic version
Which is better?
Multi-jurisdictional operations: what to do?
What are the tools available
to make this project easier?

25. Drafting Handbooks The messy situation of local ordinances
Counties, cities, special districts
Minimum wage
Paid sick and other leaves
Health insurance
Public transit
Work schedules
The differences between the employee handbook and the policy manual

26. Thank You! Contact us at 1-855-XPERTHR or inquiries@xperthr.com
Learn more at:
Additional Resources Include:
Prepare an Employee Handbook
How to Amend an Employee Handbook
Employee Handbook Acknowledgement and Consent Form