2019 EMPLOYER CONFERENCE EMPLOYER HANDBOOKS POLICIES AND MANUALS

2019 EMPLOYER CONFERENCE EMPLOYER HANDBOOKS, POLICIES, AND MANUALS By Robert J. Barry 804 -771 -5711 rjbarry@kaufcan. com Kaufman & Canoles, P. C. kauf. CAN. com

Employee Handbooks: Benefits and Pitfalls • Benefits: – – – Informs employees of company policies Promotes consistent enforcement of company rules Increases employee morale by providing positive information May reduce the likelihood of lawsuits Fulfills the expectations of the EEOC, judges, and jurors kauf. CAN. com

Employee Handbooks: Benefits and Pitfalls • Pitfalls: – If written poorly, employee handbooks may lead to: • An employee’s assertion of unintended contractual obligations against the employer (use an at-will statement and disclaim contract status) • Reduction in management flexibility • Confusion as to policies, including misinterpretation of employer’s stance on discrimination and harassment in the workplace kauf. CAN. com

Employee Handbooks: What TO Do 1. Include an express statement that the handbook does not create a contract. – – Emphasize the “at will” nature of the employment. Example: • “This employee handbook should not be confused with an employment agreement. Because employment at our company is based upon mutual consent, the right of the employee or the company to terminate the employment relationship “at will” is recognized and affirmed as a condition of employment, and therefore, employment may be terminated by either party at any time for any reason. Any statements or promises to the contrary should not be relied upon by any prospective or existing employee. ” kauf. CAN. com

Employee Handbooks: What TO Do 2. Do give the employee time to review the handbook and require the employee to acknowledge it. – Reiterate that the handbook is not a contract. – Employee should acknowledge that he has received, read, understood and had an opportunity to ask questions about, and agrees to abide by, the Company’s policies. kauf. CAN. com

Employee Handbooks: What TO Do 3. Fight the urge to include a signature of the employer’s President, CEO, or any other management representative in the employee handbook. – The inclusion of a signature will only assist an angry employee who is asserting the existence of an enforceable contract. kauf. CAN. com

Employee Handbooks: What TO Do 4. Include a section on the company’s Equal Employment Opportunity policy. – Example: • “This company is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, national origin, citizenship, age, disability, military or veteran status, genetic information, or any other legally protected characteristic. This policy applies to all aspects of employment, including recruiting, hiring, promotion, and discharge. ” kauf. CAN. com

Employee Handbooks: What TO Do 5. Include an anti-harassment policy. Explain what the policy prohibits: – – – No harassment based on a prohibited characteristic Explain the consequences of policy violations (discipline and/or discharge) Detail a specific reporting procedure (alternate people) for violations Promise prompt investigation/appropriate action Prohibit retaliation Promise confidentiality to the greatest extent possible kauf. CAN. com

Employee Handbooks: What TO Do 6. Include language on permissible pay deductions under the FLSA and procedures to address pay discrepancies or questions. – – This will make possible use of the FLSA “safe harbor” provisions. Example: • “The company is committed to complying with the wage and deduction requirements of the Fair Labor Standards Act (FLSA). If you believe that there is an error or improper deduction in your paycheck, report this to the Personnel Manager. Your question will be promptly investigated and corrected, as necessary. The company will make a thorough effort not to repeat the error. ” kauf. CAN. com

Employee Handbooks: What TO Do 7. Maintain flexibility for management to make disciplinary decisions. – – Do not include a seemingly all-inclusive list of reasons for discipline. Avoid promises to rehabilitate unsatisfactory employees. If you choose to include a progressive discipline system, be sure to clearly state that certain situations may warrant skipping steps/immediate termination. Avoid promise to terminate only for “just cause. ” kauf. CAN. com

Employee Handbooks: What TO Do 8. Include a policy on general internet use, as well as the use of social networking sites (i. e. , email, instant messaging, blogging, myspace, facebook, twitter, youtube, etc. ). – Benefits: certain businesses effectively utilize these sites for marketing opportunities – Concerns: can lead to unprofessional behavior, decrease in productivity, defamation, disclosure of confidential information, etc. kauf. CAN. com

Employee Handbooks: What TO Do Things to consider when developing an internet/social networking use policy: - Breadth of coverage Ability to monitor and enforce stated policies Reiterate application of other policies to social media use Employees on social networking sites – for personal use - should be clear that they are speaking for themselves and not their employer Emphasize the lack of privacy when using company computers for email and internet purposes – no expectation of privacy Reserve the right to review computer/email activity kauf. CAN. com

Employee Handbooks: What TO Do 9. Remember to Update! • Staying current with statutory and regulatory requirements • Changes in approach/language based on your experience • Developing court guidance in areas such as social media monitoring and health care reform kauf. CAN. com

Employee Handbooks: What TO Do 10. Include a policy on alcohol and drug use. – – Emphasize that the company is a drug and alcohol free workplace. Prohibit the sale, possession, distribution or use of illegal drugs – and the abuse of legal drugs, including alcohol. Warn that violators will be subject to discipline, up to and including discharge. Note that some employers must comply with the Drug Free Workplace Act of 1988 kauf. CAN. com

Employee Handbooks: What TO Do • Other Miscellaneous Issues: Dating Policies – Issues to consider: • • • Potential for favoritism to lead to a hostile work environment Potential for harassment claims if the relationship ends on a sour note Supervisor-subordinate issues – Emphasize the anti-harassment policies and the proper reporting procedures in the event of unwelcome behavior. kauf. CAN. com

Employee Handbooks: What TO Do • Other Miscellaneous Issues: “Try-out” periods. – – – Maintain at-will employment. Avoid any reference to “permanent” employees (try the term “regular”). Consider a 30 -day “try-out” period. kauf. CAN. com

Employee Handbooks: What TO Do • Other Miscellaneous Issues: – Depending on the nature of your business, you may also want to consider including the following: • Company history, conflicts of interest, open door policy, dress code, smoking policy, break policy, company benefits, bonus plan, education assistance, holidays, insurance, parking, long term disability plan, employee discounts, jury duty, retirement plan, sick leave, vacations, bereavement leave, pay days, overtime, evacuation plan, company vehicles, fire prevention, safety plan, etc. kauf. CAN. com

2019 EMPLOYER CONFERENCE EMPLOYER HANDBOOKS, POLICIES, AND MANUALS Robert J. Barry 804 -771 -5711 rjbarry@kaufcan. com kauf. CAN. com