Designing Employee Handbooks

1
Designing Employee Handbooks

• Legal Limitations

2
Employment At Will

• Employees shall not be considered permanent
  employees.
• All employment is at-will.
• Employees may have their employment discontinued
  for any reason.

3
Not a Contract

• Nothing in this employee handbook shall be
  construed as an employment contract.

4
Changes in the Handbook

• Management may make changes in the employee
  handbook at any time.

5
May vs. Must

• May statements provide more flexibility than
  must statements.
• For example management must complete
  performance appraisals by March 1 might cause
  legal problems if that must is not obeyed.
  May is much better.

6
Sexist Language

• Be politically correct in your language
• Refer to sales people rather than salesman
• Refer to Workers Compensation rather than
  Workmens Compensation

7
Posters--Federal

• OSHAIts the Law
• Employee Polygraph Protection Act
• Fair Labor Standards Act
• Equal Employment Opportunity Notice
• Department of Justice NoticeAnti-discrimination

8
Posters--Idaho

• Workers Compensation Notice
• Idaho Unemployment Insurance
• Discrimination
• Minimum Wage

9
Safety

• For companies with 11 or more employees, make a
  provision for safety administration

10
Separate Recordkeeping Files

• Medical records workers compensation claims,
  exams, and drug and alcohol tests
• EEO-1 reports for companies with 100 or more
  employees
• Reference checks
• Immigration files
• The rest

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Length of Time to Keep Records

• I9 Form 3 years
• Pension-related files under ERISA 6 years
• Wage rate tables under the FLSA 2 years
• Records detailing exposure to toxic substances
  Employees tenure plus 30 years

12
Fair Labor Standards Act

• Overtime
• Time-and-a-half
• Independent contractors

13
Independent Contractor Definition20 IRS Rules

• Set the hours of work?
• Dictate the methods by which the task is to be
  completed?
• Pay an hourly wage?
• Supply materials, tools?
• Furnish space, telephone secretarial services?
• Set fixed geographic limits on the work?

14
Independent ContractorsBenefits

• Dont have to pay Social Security, Unemployment
  Insurance, Workers Compensation. Contractor
  does this on his/her own.
• Dont have to deal with city, state, and federal
  income taxes. Contractor does this on his/her
  own.

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Independent Contractor Limitations

• Lose employer control of contractor
• IRS penalties for paying a contractor when you
  really have an employee

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Top Twelve Handbook Updates1. Workplace Violence

• Provide employees with reporting opportunities,
  counseling avenues, and general guidelines on how
  to act when there is a threat.
• Source Nationalreview.com

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2. Benefits Provisions

• Monitor changes in benefits plansparticularly
  health benefits
• Obama Health Care Plan--Employers who choose to
  offer employees health insurance can receive tax
  cuts of up to 35 of premiums this year, and up
  to 50 in 2014. More than 60 of small employers
  will be eligible for these tax cuts.

18
3. Employee Free Choice Act (still a bill)

• Make sure to update bulletin board solicitation
  in the handbook. Ban all outside solicitation to
  be consistent.

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4. Text Messaging

• Texting and Driving
• Harassment
• Retaliation

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5. Social Networking IGeneral Policies

• General Provisions
• Employer Monitoring
• Reporting Violations
• Discipline for Violations
• Written Acknowledgement
• Authorized Social Networking
• Limits on Social Networking

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5. Social Networking II--Advantages

• Networking
• Goodwill
• Idea generation
• Customer complaints and praise
• Recruiting

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5. Social Networking III-Disadvantages

• Sexual Harassment
• Time Management and Productivity
• Security
• PrivacyConfidential Information
• Accuracy
• Defamation
• Discrimination

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6. Location Monitoring

• Restrict used of GPS, RFID due to privacy and
  discrimination concerns
• Check http//www.computer.org/portal/web/csdl/proc
  eedings/h4 for problems and policy statements

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7. Adverse Weather/Other Closings

• How affect employee compensation for both exempt
  and nonexempt employees
• H1N1

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8. Family Medical Leave Act

• Military FamiliesUp to 26 weeks of leave to
  handle injured or ill military member of the
  family
• http//www.slideshare.net/mdibi/ada-fmla-update

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9. Americans with Disabilities Amendments Act of
2008

• Eased definitions of handicappedcreates
  nonexhaustive list
• Sitting, bending, caring for oneself
• Functions of the immune system, normal cell
  growth, bladder functions
• Common sense standardnot scientific
• http//www.slideshare.net/mdibi/ada-fmla-update

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10. Respectful Workplace Policy

• Jerksatwork.com
• Mybossismichaelscott.com
• Defining respectful workplace behavior separate
  from harassment policies because harassment is
  illegal and disrespect is not

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11. Genetic Information Nondiscrimination Act

• Genetic information should be added to the list
  of protected classes
• Update wellness programs to protect genetic
  information

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12. Charities and Tax-Exempts

• Revised IRS Form 990 asks whether employer has
  whistleblower, conflicts of interest, and
  document retention and destruction policies.
• Same form asks about executive compensation
  procedures

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Sample Handbook Statements

• Society for HR Management www.shrm.org (have to
  be a member)
• Bureau of National Affairs HR Library
  (http//library.boisestate.edu/indexes/) Have to
  be on Boise State campus
• Federal government page with examples
  http//www.business.gov/business-law/employment/hi
  ring/employee-handbook.html
• Several state examples http//easyemployeehandbook
  .com/
• Nevada Handbook
• http//dop.nv.gov/emphand.pdf
• Generic sample http//www.fhba.com/docs/Employee
  20Handbook20Sample.doc
• Many university examples
• http//www.hr-guide.com/data/023.htm