Employee Handbook

Workshop
Presented by:
Pat Collins
Annmarie Simeone
Keith McDonald
Please help yourself to food
and drinks
Please let us know if the room
temperature is too hot or cold
Bathrooms are located past the
reception desk on the right
Please turn OFF your cell
phones
Please complete and return
surveys at the end of the
seminar 2
Common Mistakes and Pitfalls,
Practice Considerations
Presented by:
Pat Collins
 What Is The Purpose of Your
Handbook?
1. Communication Resource
• Company mission, values, policies, procedures and
benefits
2. Limits Legal Liability
• Protects against discrimination and unfair treatment
claims
• Explains applicable laws
3. Administrative Time Saver
• Helps orient new employees
• Answers questions that arise during employment
4
What Should Your Handbook
Accomplish?
THREE “C’s”:
1. Not a Contract
2. Communicate policies
3. Comply with applicable law

5
 What A Handbook Is Not
1. Not Personnel Policy Manuals
• These are procedural guides for managers on how to
do their jobs
• Usually not given to employees
2. No substitute for good practices
• Policies are worthless unless management follows
them
3. No substitute for personal interaction
• Cannot take the place of one-on-one interaction
between management and employees
6
Mistake #1: One Shoe Does Not Fit All
Using Form Handbooks
• Handbooks must be tailored to your workplace
• Forms:
– May contain irrelevant policies
– May omit important material
– May make promises you cannot meet
• Your Handbook must set the right tone for your
company and reflect your company’s culture
• SAY “When driving a company car, always use
a headset” INSTEAD OF “Don’t use cell phones
without a headset” 7
Mistake #2: Do As I Say, Not As I Do
Conflicting Policies/Practices
• Scan workplace for practices. If there are no policies,
develop them.
• Do policies reflect practice in workplace?
(“You will receive an Annual performance review”)
• Use wiggle room language
(“Generally we attempt to review your performance on an
annual basis”)
• Uniformity and Consistency in Application/Enforcement
• Compare Handbook to other company documents (benefit
documents) to ensure consistency
8
Mistake #3: Too Much Ain’t Enough
Is Your Handbook Too Wordy?
• Write to the level of your entire employee population
• When you can, keep it simple
– Policies explaining company practices, benefits, etc. should
be short and easy to understand
• Employment laws sometimes make brevity a challenge
– Family and Medical Leave Act
– Harassment and Discrimination laws
• Still, avoid overly legalistic language
– No “Whereas” or “Heretofores”
• Do we really need a policy on this topic?
• Do not include employee names, other information that
changes frequently 9
 Mistake #4: Not A Contract
Means Not A Contract
Eliminate any language that might be perceived
as creating rights contrary to employment at will
– “Probationary”; “Permanent”
– Lock step disciplinary practices
– Listing disciplinary offenses
– Arbitration Agreements
– Non-Competition/Confidentiality Agreements
– Employee Invention Agreements
10
Mistake #5: Can I Bring My Gun To Work?
Conforming to State Laws
• Weapons in the Workplace
• Access to Personnel Records
• Family/Pregnancy Leave
• Payment on Termination
• Accrual of Vacation
USE OF THE CATCHALL PHRASE
“. . . unless otherwise required by state law.”
11
 Mistake #6: Navigating “The
Bermuda Triangle”
Family Leave, Disability Leave and Workers Compensation
• Three distinct laws which often overlap
• Three different government agencies in charge
of enforcing
FMLA – Heavy paperwork, 12 weeks of leave
ADA – Providing more leave may be
“reasonable accommodation”
COMP – Anti- retaliation
12
Mistake #7: “Did You Hear About…?”
Privacy Issues
• Medical Privacy – HIPAA may require privacy and
security safeguards
• Confidential Business Information
• Computer/Internet/Technology Issues
• Searches on Employee Property
• Compensation Information

• Who is in charge of safeguarding this information?

• Is importance reflected in your policies?
13
 Mistake #8: Are You Kidding Me?
Unrealistic Policies
Don’t commit to a policy that can’t be enforced
• No fault attendance policy
• Strict progressive discipline policies

Avoid Rigidity
• Listing prohibited conduct
• Personal appearance policies
• Personal/romantic relationships

Avoid language which unduly limits discretion

14
Mistake #9: I Thought It Was A Gift!
Equipment Use and Return
• Laptops, cell phones, tools, vehicles, uniforms, etc.
• What does your policy state about the use of such
equipment?
– at work
– on the employees personal time
Policy should clearly state:
1. Equipment belongs to the Employer
2. Policies to guide proper use, care and return of
property
3. Consequences if equipment is damaged, lost or
not returned 15
 Mistake #10: Failure To Update
and Train
• Once Handbook is written, it must be periodically
reviewed and revised to reflect changes
– Law – Policy – Procedure
• Who is in charge of this?
• How often should this be done?
• As Company grows, different laws may apply
• Are your supervisors trained on policies?
– Trained on changes/revisions
– Company’s vision/culture
16
Policy Must Haves
Presented by:
Annmarie Simeone
 Overview

Policy Must Haves

v.

Policy Options

18
 The Beginning and The End
The beginning At-Will Disclaimer and General
Disclaimer

The end Acknowledgement of Receipt

(Employee Copy and Employer
Copy)

19
 Equal Employment
Opportunity Policy
A. Commitment to equal opportunity
B. Any special programs
C. Application to all facets of
employment

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 Anti-Harassment &
Anti-Discrimination Policies
A. Zero tolerance
B. Include sample prohibited behavior – they
are prohibited even if they are not illegal
C. Complaint procedure with several avenues
for reporting
e.g., Supervisor, HR, Hotline, anonymous
reporting, dedicated website
D. Investigation
E. No retaliation
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 Employee Classifications
A. Regular
B. Full Time
C. Part Time
D. Probationary/ “Introductory”
E. FLSA classifications

22
 Employee Benefits
A. Another disclaimer!
B. Eligibility
C. Right to modify
D. General overview – leaving flexibility
E. Reference to master documents
F. 401k
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 Hours of Work
A. Business Hours
• Regular hours
• Special days/late nights
• Inclement weather

B. Making Schedules/Changing Schedules

• How are schedules established?
• Can they be altered by employee agreement (switching) or
is manager approval needed?
• Posted, circulated electronically

C. Telecommuting/Flex Time

24
 Payroll Practices
A. Timekeeping /Reporting
B. Overtime
C. Pay Periods
D. Bonuses/Commissions
E. Deductions – mandatory and
voluntary
25
 Time Away From Work
A. Attendance and Punctuality
B. Vacation
C. Personal Days
D. Sick Days
E. Accommodations
(Disability/Religious)
26
 Federal and State Statutes
A. FMLA

B. COBRA

C. NJ Paid Family Leave

D. CEPA/Whistleblower (mandatory in NJ)

27
 Employee Conduct Policies
Some topics that are must haves, include
A. Rules of Conduct
B. Drug/Alcohol
C. Confidentiality
D. Disciplinary Policy
E. Dress Codes
F. Workplace Violence

28
 Technology
A. No expectation of privacy
B. E-mail
C. Internet
D. Social Media
E. Blogging
F. Mobile devices (cell phone, laptop,
Blackberry®, PDA)
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Termination of Employee-Employer
Relationship
A. Final paychecks

B. Exit interviews

C. COBRA

D. Employee references
30
 Practical Considerations
Planning, Customizing and Distributing
Your Employee Handbook

Presented by:
Keith McDonald
 On your mark - get set - go!!
• Starting from Scratch or Updating an Oldie?
• Incorporating Existing Policies and Practices
– Opportunity for Change
– Feedback from Employees
• Creating Goals and Objectives
– User Friendly Format
– Creating Expectations
– Fairness

32
Handbooks 101: The Creation
Process
• Investigate
• Compile and Write
• Review and Revise
• Legal Approval

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 Formatting Tips
• Table of Contents/Index
• Spacing and Bold-Faced Headings
• Use Chapters (not page numbers)
• Know Your Culture
– Use of tone
– Use of color, graphics, etc.

34
 Customizing – Understanding
Your Workforce
• Need for Multiple Handbooks
– Multi-state Employers
• Use of Addendums
– Management Levels
• Upper Level Management
• Field Employees
• Union Employees
35
 Customizing – Identifying
Special Provisions
• Wage and Hour • Tuition
• Employee Reimbursement
References • Privacy Concerns
• Workplace Violence • Solicitations
and Weapons • Employee
• Drug Testing Workspaces

36
 The Final Product –
Selecting a Format
• Print Format
– Bound booklet
– Three-ring binder
– Posting
• Electronic Format
– Intranet vs. Internet
– Email
37
 Avoid Jumping the Gun
Understand Your Handbook
• Training HR Administrators and
Management Team
• Reviewing “Other” Documents
• Incorporating Feedback
• Attorney Review

38
 Distributing Your Handbook
• Hold a Meeting
• New Hire Procedures
• Updates
– Consistency
• Protections
– Union considerations
– Privacy concerns
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 Acknowledgement!
Acknowledgement!
Acknowledgement!
• Collecting and Storing Employee
Acknowledgment Forms
• Choosing the Right Words
– “received and read”
• The Problem Employee Who Refuses to
Sign
40
Handbook Acknowledgement Form
By signing this form, I acknowledge that I have received a copy of the
Company’s Employee Handbook. I understand that it contains important
information about the Company’s policies, that I am expected to read the
Handbook and familiarize myself with its contents, and that the policies in
the Handbook apply to me. I understand that nothing in the Handbook
constitutes a contract or promise of continued employment and that the
company may change the policies in the Handbook at any time.

I acknowledge that my employment is at will. I understand that I have the

right to end the employment relationship at any time and for any reason,
with or without notice, with or without cause, and that the Company has
that same right. I acknowledge that neither the Company nor I have
entered into an employment agreement for a specified period of time.

Signed _________________________ Date _____________________

41
 Going Forward
• Training
– Human Resources Personnel
– Employee Training
• Revising and Updating Your Handbook
• Enforcing What is Written
• Consulting Your Employment Attorney

42
Question & Answer
Session
Thank you for coming!