EMPLOYEE HANDBOOK POLICIESSuggestions and Observations

5/24/2012©J. Edward Enoch, P.C. 2012

DRAFTING CONSIDERATIONS

Make it “user-friendly”– Organized in cohesive units– Plain language

Make it flexible– Progressive disciplinary policy—

leave an out– Do not alter the “at-will” relationship

DRAFTING CONSIDERATIONS

Do not make it a supervisor’s manual– If only managers need to know, use a

policy and procedure manual– Distribute only to managers

Customize, do not copy– If you don’t know what it means, don’t

use it– Internally and externally consistent

DRAFTING CONSIDERATIONS

Get signed employee acknowledgments– Keep in their personnel file

Let an employment lawyer look at it

“Must Have” Policies

Disclaimers– At will status– Not a contract– Alter or amend at any time

Equal employment opportunity policy

“Must Have” Policies

Harassment policy– Not just sexual harassment– Specific reporting procedure– No retaliation

FMLA policy if 50 employees or more– Department of Labor’s Fact Sheet #28

at http://www.dol.gov/whd/regs/compliance/whdcomp.htm

“Don’t Have” Policies

Probationary period– Outline the process for new

employees without giving a name Broad time off docking policies

– Can threaten exempt status– Know the rules for docking exempt

employees

“Don’t Have” Policies

Rigid progressive discipline– Always provide an out– Be consistent– Avoid “for cause” language

Any mention of “Permanent” employment– Beware the “feel-good” language

“Don’t Have” Policies

“Shall” and “Will” policies– Means every time, forever– “May” is more flexible

Policies without backup– If you will not use it, lose it

Kitchen sink policies– Do not try to include every answer

My Favorite Policies

Privacy– Real world– Virtual world

Internet, e-mail, telephone, cell phone– Personal use– Monitoring

Use of company equipment

My Favorite Policies

Social media– Take care not to prohibit protected

activity under the NLRA Drug-free work force

– Easy to comply– Save 7.5% on Worker’s Comp.– Does not require random testing

My Favorite Policies

Leave– PTO– Vacation/sick leave– Bereavement– Jury duty – required by GA law– Extended leave– Military – reference USERRA

My Favorite Policies

Wage and overtime– Include statement concerning

intent to comply with FLSA– http://www.dol.gov/whd/regs/

compliance/fairpay/modelPolicy_PF.htm

Grievance procedure

My Favorite Policies

Confidentiality/trade secrets Termination

– Return of company equipment– Notice – Vacation?

Revision date

Questions?PowerPoint can be downloaded at

www.enochlaw.com