1. Staying Ahead Of The Litigation Wave With Effective Employee Handbooks Presented by: Chris Cobey and Marissa Dragoo Littler Mendelson, P.C. October 28, 2015

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3. Presented by: Christopher E. Cobey Knowledge Management Counsel Littler | San Jose Office 408.795.3425 ccobey@littler.com Marissa L. Dragoo Special Counsel Littler | San Diego Office 619.515.1853 mdragoo@littler.com

4. The Significance and Value of Employee Handbooks A source for desired and acceptable conduct A statement of the company's values and culture Courts and agencies will look at the content –Example: In the month of September 2015, according to one database, US state and federal courts made 82 references to employee handbooks

5. Drafting Handbooks: what goes in – and doesn’t? Policies that must be included –The handbook is not a contract –Employment is at will Policies that should be included Policies that might be included Policies that should not be included –Policies that won’t be followed –Policies on which there will be no training

6. 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

7. The Common Pitfalls in Drafting and Updating Employee Handbooks Is it a contract? At-will disclaimers Arbitration agreements Leaves of absence Lack of signed and retained acknowledgement Lack of employee review Progressive discipline

8. The Common Pitfalls in Drafting and Updating Employee Handbooks The National Labor Relations Board Commissions Benefits Inconsistent provisions Confidentiality

9. The Common Pitfalls in Drafting and Updating Employee Handbooks Wage and hour –Meal periods –Rest periods –Overtime Expenses / BYOD Social media Absolute prohibitions The “voice” of handbooks

10. The Form of Employee Handbooks The traditional paper version The electronic version Which is better? And what are the tools available for this project?

11. Questions?

12. Staying Ahead of the Litigation Wave with Effective Employee Handbooks Christopher E. Cobey Knowledge Management Counsel Littler | San Jose Office 408.795.3425 ccobey@littler.com Marissa L. Dragoo Special Counsel Littler | San Diego Office (619) 515-1853 mdragoo@littler.com

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