Along with household spring cleaning, it’s not a bad idea to consider dusting off your employee handbooks for an annual review at this time of year. Regularly reviewing employment policies and procedures is becoming increasingly important as workplace legislation and regulations continue to change.
Keep the following considerations in mind when you review your employee handbook:
Make sure that internal company policies and procedures are in line with actual practice. A policy that is not consistently enforced as it is written can become problematic if your organization is ever faced with litigation.- Ensure that policies on harassment, discrimination, leave, drugs and alcohol, sexual harassment and background checks are updated to reflect the most current federal and state laws.
- Review the language in the handbook to ensure that your organization maintains flexibility in interpreting and applying policies. Wherever possible, use general language (such as “may,” “typically,” etc.) in place of more limiting language.
- Make sure that the handbook includes a clear statement that the employment relationship is not a contract but “at will” and may be terminated at any time with or without cause.
- Determine if there are any local or state-specific policies that must be added or updated, such as paid sick leave.
- Consider updating the format and tone of the handbook to be consistent with desired company culture.
The above are suggested starting points and not an all-inclusive list of things that you should consider when you review your employee handbook. It is important for the handbook review to be a collaborative process that includes not only your human resources department, but also the managers and supervisors who are enforcing and interpreting the policies on a daily basis.
Lastly, it is highly recommended that you have legal counsel review your employee handbook. The National Labor Relations Board (NLRB) recently claimed that many employer policies relating to employee conduct and social media are unlawful, which can result in terminated employees being reinstated and given back pay. Having an employment lawyer review the handbook can help your organization avoid costly litigation.
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