Navigating Employee Handbooks: A Guide of Do’s and Don’ts for Employers
You’re a business owner, so I don’t have to tell you how important it is to have a clear set of guidelines for your employees. Guidelines help ensure a productive and transparent work environment, but they also help minimize the risk of future legal issues. Employee handbooks are an essential tool for establishing these guidelines, but there are some important dos and don'ts to keep in mind when creating one.
At Nalls Davis Attorneys at Law, we understand the unique challenges that business owners face. That is why we are here to help you navigate the complex world of employment law. In this article, we will provide you with our proven-to-work structure for employee handbooks, so that you can create a handbook that is both effective and adaptable.
The Dos of Employee Handbooks:
Ensure Your Policies and Procedures are Clearly Communicated: Outlining the rules and regulations for employees to follow in the workplace is a recommended practice. Be sure to address things like work hours, time off policies, and other specific workplace-related policies. Setting clear guidelines will help ensure that employees understand expectations and can help reduce misunderstandings and conflicts.
Company expectations for employee conduct and behavior must be clearly defined: Be sure to set standards for workplace behavior, such as anti-harassment and anti-discrimination policies. These policies should be clear and concise; furthermore, they should outline the consequences of any violations. It's important to establish a workplace culture that promotes respect and inclusion. You want to ensure that fairness in the workplace is the expectation for everyone, including management and employees.
Every employee should have easy access to handbooks and opportunities to provide feedback: Whether it’s a hard copy or electronic form, employee handbooks should be easily accessible to all employees. In addition, accommodate employees of different backgrounds by providing language accessible handbooks. It is also important to provide employees with regular opportunities to ask questions or provide feedback on the handbook.
Your handbook is never finished, update it regularly: Expect changes in law and circumstances. Policies of yesterday will eventually become ineffective. It is important that you routinely update your handbook. Review your handbook at least once a year along with any feedback. Determine whether or not any changes should be made.
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The Don'ts of Employee Handbooks:
Don’t go without an employee handbook: Pretty simple, right? All companies need an employee handbook. And I’m not recommending the use of an online template. Rather, a best practice is to hire an attorney to draft the handbook tailored to your specific business. Remember, one size fits all is not conducive to business success.
Don’t include any discriminatory or illegal language: Avoid toeing the line of language that appears to be neutral but has a different impact on protected classes, such as dress code or grooming policies. These types of policies can be viewed as discriminatory and can result in legal action against your company. A rule of thumb: make sure that all of the language in your handbook is inclusive and does not discriminate against any protected classes.
Don’t include any provisions that waive an employee's rights: This includes provisions that waive an employee's rights under the law, such as the right to file a complaint or the right to join a union. These types of provisions are illegal and can result in costly legal action against your company.
Don’t forget to have employees sign off on receiving a handbook: This is another “get it in writing” situation. Listen, employees cannot be held to a policy or standard if they have never acknowledged receiving or knowing about a particular policy. Each handbook should have a provision for employees to sign and acknowledge that they have read and understand the employee handbook. The employee handbook should become part of the regular onboarding process.
Don’t let the handbook serve as a substitute for consistent and fair enforcement: Employee handbooks should be used as a guide for employees, but they should not be used to consistently manage conduct and fair enforcement. If you have policies in place, it is important to enforce them consistently and fairly for all employees.
Creating a compliant and effective employee handbook is a crucial step in building a strong and successful business. At Nalls Davis Attorneys at Law, our experienced employment lawyers can help you navigate the complexities of employment and labor law and ensure that your employee handbook is both effective and compliant. Click here to book a FREE consultation and get started on creating your company's employee handbook.
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