Employee Handbooks: Tips for Compliance

Employee handbooks are essential tools for employers. They help create a positive workplace by welcoming new employees, introducing the organization, answering common questions, and setting clear workplace expectations.

Key Reasons to Create an Employee Handbook

A well-crafted employee handbook serves several important purposes within an organization:

Centralized Source for Policies: Consolidates all company policies in one document for easy reference, making it easier for employees to understand their rights and responsibilities within the company.
Consistency: Ensures standardized procedures across the organization, reducing confusion and inconsistency.
Employee Awareness: Promotes transparency regarding roles and responsibilities within the organization.
Legal Compliance: Helps the company comply with relevant laws and regulations, reducing the risk of legal issues.
Legal Defense: A signed acknowledgment that an employee has read and understood the handbook can protect employers in legal matters by showing that employees were informed of company policies.

NLRB Decisions and Implications for Employee Handbooks

Notable NLRB Decisions

The National Labor Relations Board (NLRB) is a quasi-judicial body that issues decisions that directly impact employer policies and employee rights. Because of this, employers need to update their handbooks periodically to keep up with these decisions. Some notable rules that these decisions have established include:

Work rules are presumed unlawful if they restrict organizing rights unless employers are able to justify such rules with substantial business interests.
Overly broad rules restricting employees’ ability to discuss terms and conditions of employment are unlawful.
Rules that prohibit certain non-work-related activities during working times must explicitly permit the same activities during non-working times.
Policies should balance security with employee rights. Restrictions must not infringe on concerted activity rights

Practical Implications of NLRB Decisions on Employers

When drafting an employee handbook, employers should draft policies that are consistent with all NLRB decisions. In particular, when drafting a policy that restricts employees’ communication or conduct, employers should:

Clearly state the purposes of the policy
Identify specific prohibited activities
3. Include disclaimers for activities that are not restricted
Implement and consistently enforce the policy before any union-organizing attempts arise

Refer to Lutheran Heritage, 343 N.L.R.B 646 (2004), and Cannondale Corp., 310 N.L.R.B. 845, 849 (1993) for further guidance.

Key Policies to Include in Employee Handbooks

A comprehensive employee handbook should include certain essential policies to ensure clarity, compliance, and effective workplace management. Here are some key policies that every employee handbook should include:

At-Will Employment: Clarifies that employment can be terminated by either party at any time, for any lawful reason.
EEO Statements: Outlines equal employment opportunities and promotes a workplace free from discrimination.
Reasonable Accommodations: Details the process for requesting accommodations for disabilities or religious practices.
Non-Discrimination/Anti-Harassment: Defines prohibited behaviors and outlines procedures for reporting complaints, as well as how complaints will be dealt with.
Anti-Retaliation: Protects employees who report misconduct or participate in investigations from retaliation.
Reporting Procedures: Provides steps for employees to report violations of policies or unethical behavior.
Code of Conduct: Outlines expected employee behavior and company values.
Disciplinary Actions: Describes potential disciplinary measures for policy violations.
Health and Safety: Ensures a safe working environment and outlines safety procedures.

Remote Work Policies

A well-defined remote work policy ensures clear expectations, maintains productivity, protects company data, and promotes compliance with all relevant laws and regulations. A comprehensive remote work policy outlines:

Eligibility: Define which positions and employees are eligible for remote work,
Work Hours: Set clear expectations for working outs and availability.
Communication: Establish guidelines for regulator communication and meetings.
Productivity: Outline performance expectations and how productivity will be measured.

Employee Leave Policies

Employee leave policies are very important for ensuring that employees understand their leave entitlements and for adhering to all legal requirements. The policies outline the types of leave available, the conditions for taking leave, and the procedures for requesting leave. Important types of leave that should be addressed in a leave policy include:

Sick Leave: Specifies entitlement, notification procedures, and documentation requirements.
Paid Time Off (PTO): Details accrual, usage, and handling of unused days.
Holidays: Lists observed public and company-specific holidays.
Parental Leave: Explains maternity, paternity, and adoption leave, including duration and eligibility.
Family and Medical Leave Act (FMLA): Covers leave for serious health conditions, family care, and military-related reasons.
Bereavement Leave: Specifies leave for the death of a family member.
Jury Duty or Voting Leave: Outlines leave for civic duties.
Military Leave: Describes entitlements for military service.
Unpaid Leave: Details conditions and approval process for unpaid leave

Employee Handbooks as a Tool for Legal Compliance

Employee handbooks are important for maintaining legal compliance and protecting your business. These handbooks serve several key functions:

Documenting Policies: Aligns company policies with current laws and regulations, helping avoid legal issues.
Standardizing Procedures: Promotes consistent application of policies across the organization, reducing the risk of disputes.
Informing Employees: Clearly communicates legal rights and responsibilities of employees and employer, preventing violations.
Providing Evidence: Acts as proof that employees were informed about company policies and consented to them, which is important in legal defense situations.

Working with an Attorney to Draft an Employee Handbook

Employers should collaborate with an attorney to draft an employee handbook. An attorney ensures that the handbook is comprehensive, legally sound, and tailored to the organization's specific needs. A skilled employment attorney will provide:

Legal Compliance: Your handbook will comply with all federal, state, and local laws, reducing the risk of legal disputes.
Tailored Policies: Your handbook will contain customized policies that fit the specific needs and context of your organization, which will make it more relevant and effective.
Risk Management: Your attorney will help identify and mitigate potential risks, protecting your company from future litigation.
Clarity and Precision: Your attorney will ensure that the language used in your handbook is clear and unambiguous, which will make it easy to understand and enforce.
Updates and Revisions: Your attorney will keep your handbook up-to-date with the latest legal developments so that it remains compliant at all times.

Contact Conn Maciel Carey

An effective employee handbook requires expertise and close attention to detail. Conn Maciel Carey offers unmatched expertise and tailored solutions to meet your organization’s unique needs. Conn Maciel Carey’s Labor & Employment Practice Group can ensure that your handbook is comprehensive and compliant with all federal, state, and local regulations. We offer ongoing updates to keep your handbook current with changing laws and best practices. We also know how to use your employee handbook as a powerful tool for defending your company in litigation against various types of legal claims. Contact us today at (202) 715-6244)