By Jean Roque, President, Trupp HR.
When done correctly, an up-to-date employee handbook delivers value to both the employer and employee. For new hires, the handbook is an introduction to company policies, procedures and culture. For employees and supervisors, it serves as a basis for understanding and consistently adhering to organizational practices. For the employer, it provides legal evidence that the company’s policies are consistent with and encourage adherence to employment laws.
Clearly, an employee handbook is an important document for every employer to provide for their employees, but as companies grow and regulations evolve, it is just as significant to maintain the document and ensure it is not out of date. Here are the top 10 indicators that your handbook needs attention.
Having an employee handbook in place is not merely a matter of checking another box in the list of employer “things to do.” Rather, the handbook should be aligned with how an organization operates. This requires leadership to make decisions throughout the organization based on published policies. Supervisors and employees who understand the policies and know they must follow them are less likely to perceive unfair treatment in their work environment.
We live in a world of constant change. It’s important to stay current with laws and best practices, but other changes to the business environment should also be considered. Changes in technology, industry trends and economic conditions, can also influence case law, how policies should be presented and which policies may be relevant to your organization.
Does your employee handbook suffer from being extremely lengthy and full of details? Or, does it use a tone that is unfriendly to employees or language that requires a legal degree to interpret? Providing too much detail creates confusion for employees while leaving your company open for attorneys to highlight your company’s inconsistencies. Employee handbooks should be concise, easy to understand and reflect the culture of your organization.
Having an employee handbook in place is essential, but without collecting signed receipts of acknowledgement from every employee, your good efforts will fall short of the goal. And, don’t forget to include that at-will language in your acknowledgement forms so that there is no opening for the handbook to be misconstrued as an employment contract.
Properly representing and assigning employee classifications, including exempt employee or non-exempt employee versus temporary, seasonal or independent contractor, is critical because it determines an employee’s eligibility for overtime and employee benefits. Misclassification of employees is very costly and a frequently enforced and litigated topic. The employee handbook is crucial to an employer’s ability to defend against employee claims.
Including an anti-harassment policy is about much more than sexual harassment. Harassment can take on many forms, including age, disability, race, gender, sexual orientation, religion and national origin. In addition to identifying the varied forms of harassment, the handbook should provide guidance for those employees who have witnessed or experienced harassment and should inform employees that all reports of harassment will be investigated.
Although “off-the-shelf” handbooks may be convenient and cheap, employers should be extremely cautious about using an employee handbook that has been constructed without consideration for the specific laws and policies that are relevant to their industry, location(s), and unique practices.
If your handbook is tucked away collecting dust on a shelf, then it isn’t providing the value that it is intended for. An employee handbook introduces new employees to the policies, practices and culture of their new workplace. It serves as a helpful tool for employees and supervisors to understand and consistently adhere to organizational practices. It provides a foundation for handling employee performance management issues. And, it serves as legal evidence that your company’s policies are consistent with and encourage adherence to employment laws.
An employer is obligated to pay for overtime worked in accordance with applicable local, state and federal laws, regardless of whether or not the overtime has been properly authorized. Employers may implement and enforce policies regarding the conditions for authorized overtime and may discipline employees for violating those policies, but they are not able to withhold earned overtime pay.
Haven’t gotten around to implementing a handbook for your company? Working with a professional to create an employee handbook provides the opportunity to crystallize organizational practices, create a common understanding of what’s expected, and encourage and enforce behavior that contributes to the success of your organization.