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EMPLOYEE HANDBOOK POLICIES

EMPLOYEE HANDBOOK POLICIES. Suggestions and Observations. 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.

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EMPLOYEE HANDBOOK POLICIES

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  1. EMPLOYEE HANDBOOK POLICIES Suggestions and Observations

  2. 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

  3. 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

  4. DRAFTING CONSIDERATIONS • Get signed employee acknowledgments • Keep in their personnel file • Let an employment lawyer look at it

  5. “Must Have” Policies • Disclaimers • At will status • Not a contract • Alter or amend at any time • Equal employment opportunity policy

  6. “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

  7. “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

  8. “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

  9. “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

  10. My Favorite Policies • Privacy • Real world • Virtual world • Internet, e-mail, telephone, cell phone • Personal use • Monitoring • Use of company equipment

  11. 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

  12. My Favorite Policies • Leave • PTO • Vacation/sick leave • Bereavement • Jury duty – required by GA law • Extended leave • Military – reference USERRA

  13. 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

  14. My Favorite Policies • Confidentiality/trade secrets • Termination • Return of company equipment • Notice • Vacation? • Revision date

  15. Questions?PowerPoint can be downloaded at www.enochlaw.com

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