Employee Employee Handbook Handbook WorkshopWorkshop

Presented by:Pat Collins

Annmarie SimeoneKeith McDonald

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Please help yourself to food and drinksPlease let us know if the room temperature is too hot or coldBathrooms are located past the reception desk on the rightPlease turn OFF your cell phonesPlease complete and return surveys at the end of the seminar

Common Mistakes and Common Mistakes and Pitfalls, Practice Pitfalls, Practice ConsiderationsConsiderations

Presented by:Pat Collins

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What Is The Purpose of Your Handbook?

1. Communication Resource• Company mission, values, policies, procedures

and benefits2. Limits Legal Liability

• Protects against discrimination and unfair treatment claims

• Explains applicable laws3. Administrative Time Saver

• Helps orient new employees• Answers questions that arise during employment

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What Should Your Handbook Accomplish?

THREE “C’s”:1. Not a Contract2. Communicate policies3. Comply with applicable law

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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 them3. No substitute for personal interaction

• Cannot take the place of one-on-one interaction between management and employees

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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”

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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

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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

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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

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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 VacationUSE OF THE CATCHALL PHRASE“. . . unless otherwise required by state

law.”

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Mistake #6: Navigating “The Bermuda Triangle”

• Three distinct laws which often overlap• Three different government agencies in

charge of enforcingFMLA – Heavy paperwork, 12 weeks of

leaveADA – Providing more leave may be

“reasonable accommodation”COMP – Anti- retaliation

Family Leave, Disability Leave and Workers Compensation

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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?

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Mistake #8: Are You Kidding Me?

Unrealistic PoliciesDon’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

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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 Employer2. Policies to guide proper use, care and return

of property3. Consequences if equipment is damaged, lost

or not returned

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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

Policy Must Policy Must HavesHavesPresented by:

Annmarie Simeone

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Overview

Policy Must Haves

v.

Policy Options

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The Beginning and The End

The beginning At-Will Disclaimer and General

Disclaimer

The end Acknowledgement of Receipt (Employee Copy and Employer Copy)

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Equal Employment Opportunity Policy

A. Commitment to equal opportunityB. Any special programsC. Application to all facets of

employment

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Anti-Harassment & Anti-Discrimination

PoliciesA. Zero toleranceB. 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. RegularB. Full TimeC. Part TimeD. Probationary/ “Introductory”E. FLSA classifications

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Employee Benefits

A. Another disclaimer!B. EligibilityC. Right to modifyD. General overview – leaving

flexibilityE. Reference to master documentsF. 401k

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Hours of WorkA. 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

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Payroll Practices

A. Timekeeping /ReportingB. Overtime C. Pay PeriodsD. Bonuses/CommissionsE. Deductions – mandatory and

voluntary

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Time Away From Work

A. Attendance and PunctualityB. VacationC. Personal DaysD. Sick DaysE. Accommodations

(Disability/Religious)

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Federal and State Statutes

A. FMLA

B. COBRA

C. NJ Paid Family Leave

D. CEPA/Whistleblower (mandatory in NJ)

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Employee Conduct Policies

Some topics that are must haves, include

A. Rules of ConductB. Drug/AlcoholC. ConfidentialityD. Disciplinary PolicyE. Dress CodesF. Workplace Violence

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Technology

A. No expectation of privacyB. E-mailC. InternetD. Social MediaE. BloggingF. 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

Practical ConsiderationsPlanning, Customizing and Distributing Your Employee

HandbookPresented by:

Keith McDonald

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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

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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.

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Customizing – Customizing – Understanding Your Understanding Your

WorkforceWorkforce• Need for Multiple Handbooks

– Multi-state Employers• Use of Addendums

– Management Levels• Upper Level Management• Field Employees

• Union Employees

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Customizing – Identifying Customizing – Identifying Special ProvisionsSpecial Provisions

• Wage and Hour• Employee

References• Workplace

Violence and Weapons

• Drug Testing

• Tuition Reimbursement

• Privacy Concerns• Solicitations• Employee

Workspaces

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The Final Product –Selecting a Format

• Print Format– Bound booklet– Three-ring binder– Posting

• Electronic Format– Intranet vs. Internet– Email

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Avoid Jumping the GunAvoid Jumping the GunUnderstand Your Understand Your

HandbookHandbook• Training HR Administrators and

Management Team• Reviewing “Other” Documents• Incorporating Feedback• Attorney Review

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Distributing Your Handbook

• Hold a Meeting• New Hire Procedures• Updates

– Consistency

• Protections– Union considerations– Privacy concerns

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Acknowledgement!Acknowledgement!Acknowledgement! Acknowledgement! Acknowledgement!Acknowledgement!

• Collecting and Storing Employee Acknowledgment Forms

• Choosing the Right Words– “received and read”

• The Problem Employee Who Refuses to Sign

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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 _____________________

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Going Forward

• Training– Human Resources Personnel– Employee Training

• Revising and Updating Your Handbook• Enforcing What is Written• Consulting Your Employment Attorney

Question & Question & Answer SessionAnswer Session

Thank you for coming!