Excerpted from a Bradley Arant Boult Cummings LLP Blog by Cortlin Bond
When did you last update your employee handbook? With the end of the year nearing, now is a good time. Your policies should provide clear guidelines to your workforce about what you expect of them. Policies should also be a guide to HR regarding complaint procedures, discharge procedures, and even investigations if those are a part of your policies or handbooks. The new year also provides a fresh start, as well as an opportunity for you to roll out new policies (hello, social media and return-to-work policies) and remind your workforce about your company’s expectations.
Good Point. What Do I Do?
Take a breath, grab a cup of coffee, and use the tips below as a starting point.
Step 1: Review Your Handbook and Policies
- Check to make sure you have key policies. Some of our favorites to consider:
- Disclaimers for at-will employment and to make clear the handbook is not a contract of employment
- Equal Employment Opportunity policy
- Anti-discrimination and anti-harassment policy.
- Anti-retaliation policy
- Complaint procedure for employees who feel they have been subjected to discrimination or harassment
- Accommodations procedures under the Pregnant Workers’ Fairness Act (PWFA), the Americans with Disabilities Act (ADA), and Title VII Religious Accommodations
- Payroll practices and compensation policies, including a clear way to complain about a paycheck issue
- Background check policies (if applicable)
- Attendance policies
- Standards of conduct
- Disciplinary policies
- Check to see if your policies are easy to understand and match your actual practice. (We’re looking at you, complaint procedures.)
- Identify new policies you want to incorporate, like social media or remote work policies.
- Check to see if you should narrow your policies.
- For example, do your policies allow employees to report sexual harassment to everyone under the sun? Would it be better to limit the recipients to certain HR employees or specific higher-level employees?
- Does your discipline policy leave room for discretion when needed?
Step 2: Work with Legal
- Some policies are legally required, while some have specific processes or language that must be used. Working with a lawyer to assist you with these specifics will help you avoid legal pitfalls.
- If you have employees in multiple states, legal can help flag potential state issues.
- If you have a unionized workforce, legal will help you align your policies with the collective bargaining agreement.
Step 3: Roll Out Updated Handbooks and Policies
- Tell your workforce about any new policies and reiterate old ones. It never hurts to remind your workforce about your anti-discrimination and anti-harassment policies and how they can file a complaint.
- Get everyone’s acknowledgement that they received the updated handbook.
- Host a specialized training for managers and supervisors.
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