Employee Handbook

Top 10 Employee Handbook Mistakes

 
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Although most employers at least have an employment handbook, few companies treat it as a priority item. That’s a shame because a handbook presents a wonderful opportunity to communicate with your workforce about your organization’s philosophy, mission, and culture. Companies like Netflix and Nordstrom have demonstrated that handbooks can be effective without being dry and tedious legal documents. But make no mistake, your handbook does have legal ramifications.

A good handbook informs your employees about workplace rules and policies and sets expectations for performance and conduct, which prevents misunderstandings that may lead to disputes. Thoughtful and properly worded policies also may help you with your legal defense if a dispute does arise. On the other hand, a problematic or deficient handbook can hurt your cause more than it helps you. Here are the 10 biggest problems I see with employment handbooks.

WHAT NOT TO DO:

Failing to keep it up to date. I recently reviewed a handbook that contained a policy requiring smokeless ashtrays for employees who want to smoke in the office. I’m not sure in which decade somebody last reviewed the handbook, but I’m guessing hairstyles were a lot bigger then. Laws change. Policies and practices change. The very nature of your workforce and mission may change. Your handbook should reflect your current policies and be compliant with current law. Ideally, you should take a look at your handbook every couple of years.

Believing that one size fits all. I’ve seen a lot of handbooks that look like they’re basically a form downloaded from the Internet or borrowed from another source, such as someone’s former employer. I’m not necessarily knocking forms. You have to start somewhere, and handbooks do have a lot of common elements, so you don’t need to create each one as a unique work of art. But a handbook form that you borrow from somewhere else is almost never going to be exactly right for your situation.

How many employees you have, whether you’re a government contractor, whether you’re a public or private-sector employer, and whether you have a unionized workforce are all things to consider when you’re determining what to include in your handbook. Your particular industry may have workplace issues that don’t arise in other industries. For instance, manufacturers may want to address certain safety issues that wouldn’t be relevant for other employers. Banks may want to include cash-handling protocols. Hospitals may want to address vaccination requirements for employees. Professional groups may want to address licensure requirements.

In addition, your discretionary benefits and attendance policies should be tailored to reflect the practices that make sense for your workplace. You may have an insurance policy that requires certain information to be in your handbook. The list goes on and on. So, sure, start with a form if you like, but don’t think that it will get you all the way to where you need to be.

Failing to include required policies. A lot of what’s in a handbook is discretionary or, at most, recommended. But some policies are required. For instance, if you are covered by the Family and Medical Leave Act (FMLA) and you have a handbook, you have to include an FMLA policy in your handbook.

Being internally inconsistent. A lot of handbooks I’ve seen have a “Frankenstein” quality, meaning they seem to be sort of patched together from various revisions and addendums over the years. It’s great to update your handbook periodically. But when you do, read through the entire thing to make sure the updates are consistent with and don’t contradict, other policies that are already in the handbook. For instance, I’ve seen handbooks with an FMLA policy, an attendance policy, and a paid leave policy that all say different things about how employees should provide notice of absences.

Disregarding state law. Most “form” handbooks you get from the Internet focus on federal law requirements, which is great because compliance with federal law is important. But don’t forget about state and local laws, which may affect the wording of policies on topics ranging from weapons in the workplace, to drug testing, to jury duty, to parental leave—and much more. And if you have employees in more than one state, you may need to have separate versions of your handbook or at least state-specific addendums.

Trying to make a handbook a contract. A handbook is for guidance only. You don’t want your handbook to be a binding agreement, on your company or your employees. Your handbook should expressly state that it isn’t a contract and you may unilaterally revise it at any time. Unfortunately, I’ve seen situations in which employers correctly include such a disclaimer in their handbook but also include things that purport to be binding on employees, such as confidentiality, noncompete, or arbitration agreements. If you want to have a binding agreement with an employee—in other words, a document you can enforce posttermination, outside the employment relationship, through a court or an arbitrator—you should create a separate document that will be executed by the employee apart from the handbook.

Policies not matching practices. I’ve seen some good-looking handbook policies on topics ranging from moonlighting, to accrual of paid leave benefits, to progressive discipline. On paper, the policies are legally compliant and sound awesome. But the problem is, once I begin talking with the employer as we go over the handbook, I realize the company isn’t actually doing what the handbook states it will do. That’s a recipe for disaster.

The main purpose of your handbook is to inform your employees about your policies and procedures and set their expectations. If your practices don’t match your policies, neither purpose is satisfied, your credibility is undermined, and you open yourself up to employment claims.

The reasons an employer’s policies don’t match its practices may vary. Maybe you used to do things that way, but you’ve changed your methods or rules. That’s fine—but you need to change your policies to reflect what you’re actually doing. Or maybe you need to be doing things the way the handbook states you’ll do them for purposes of legal compliance, but some of your supervisors haven’t gotten the message. More on that in a minute.

Failing to get an outside perspective. In addition to periodically conducting an internal review, you should consider getting an outside expert to take a look at your handbook. Experts may provide guidance on legal compliance as well as trending topics that you haven’t previously addressed in your handbook. An outsider may also spot ambiguities or inconsistencies that you’ve failed to see because you’re too close to the verbiage you’ve been working with for years.

Failing to distribute the handbook. A handbook is worthless as a resource for employees unless they have access to it. And a handbook is worthless to mitigate your risks unless you can prove your employees have access to it. Be sure to distribute a revised or new edition of your handbook to all employees, not just to new employees during orientation. And make sure you require employees to acknowledge, in writing or electronically, that they have received or have access to the current version of your handbook.

Failing to train supervisors. Your supervisors should have a good working knowledge of the contents of your handbook. For one thing, your handbook probably repeatedly tells employees to go to their supervisors with questions about policies. That suggestion won’t work out so well if your supervisors have no clue what your policies say. Your handbook can also be a great tool to ensure consistent decision making and treatment of employees by supervisors, which reduces your risk for employment claims. You really need to conduct comprehensive supervisory training at least every couple of years, and reviewing your handbook should always be part of that training.

Bottom Line

I hope this list will inspire some thoughts about handbook review. And of course, if you have questions about your handbook, it’s always best to consult us.


How to Avoid Misclassifying Unpaid Interns This Summer — and All Year Long

 
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The U.S. Department of Labor’s (DOL) revised test for determining whether interns are employees under the Fair Labor Standards Act (FLSA) just turned one, and the summer hiring season is fast approaching. Misclassification can be costly for employers. Let’s make sure you understand and are correctly applying the DOL’s revised test for unpaid internships.

DOL Identifies 7 Factors for Determining ‘Primary Beneficiary’

A year ago, the DOL announced a new primary beneficiary test for determining whether interns are employees under the FLSA. The Act requires for-profit employers to pay employees for their work. Under the Act, “employ” means to “suffer or permit to work.” Based on that vague definition, interns and students may qualify as employees to whom compensation must be paid.

Under the primary beneficiary test, the DOL uses seven factors to determine whether the employer or the intern is the primary beneficiary of the relationship. The test is intended to be flexible and dependent on the unique circumstances of each case, and no single factor is determinative. In its statement announcing the adoption of the primary beneficiary test, the DOL noted the change would “eliminate unnecessary confusion among the regulated community” and give the Wage and Hour Division (WHD) “increased flexibility to holistically analyze internships on a case-by-case basis.”

The Primary Beneficiary Test Includes an Examination Of:

  • The extent to which the intern and the employer clearly understand there is no expectation of compensation (any promise of compensation, express or implied, suggests the intern is an employee—and vice versa);

  • The extent to which the internship provides training that would be similar to training provided in an educational environment, including the clinical and other hands-on training offered by educational institutions;

  • The extent to which the internship is tied to the intern’s formal educational program by integrated coursework or the receipt of academic credit;

  • The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar;

  • The extent to which the internship’s duration is limited to the period in which it provides the intern with beneficial learning;

  • The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern; and

  • The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at its conclusion.

If the intern is found to be the primary beneficiary of the parties’ relationship, he wouldn’t be considered an employee under the FLSA, and he would therefore be exempt from the Act’s payment requirements for employees.

What This Means for You

The DOL has increasingly scrutinized internships and cracked down on the misclassification of workers and interns. As a result, you should take steps to ensure your interns meet the primary beneficiary test. Evaluate each internship on a case-by-case basis, and carefully consider the structure of your internship program and the program run by the schools with which you affiliate, as well as any compensation you offer and your method of payment. Merely labeling a summer position an “internship” doesn’t mean you won’t have to pay the intern—compensability depends on whether the intern receives the primary benefit of your arrangement with him.

Additionally, you must take care that all written communications and materials related to your internship program are carefully worded to avoid any inference of an employment relationship. Double-check the wording on your webpages and downloadable information and any mailers, marketing materials, internship agreements, and other relevant documentation that you provide to interns and their schools.

 

Creating a Bereavement Leave Policy for Your Company

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What type of bereavement leave should you offer and how much? Who will be eligible for leave? How should employees notify you of their need for leave? Answering those types of questions in a comprehensive bereavement leave policy helps you manage employees’ expectations and respond to leave requests when the time arises. So, what should you include in your bereavement leave policy?

Define the Relationship Necessary to be Eligible for Leave

Bereavement leave policies should explain which relatives the leave covers. You might limit bereavement leave to immediate family members (e.g., parents, siblings, spouses, and children). Or the leave could be expanded to include extended family (e.g., aunts, uncles, and grandparents).

Designate the amount of Available Leave

The amount of time off you offer for bereavement leave can be the same for all employees regardless of the circumstances, or your policy can provide varying amounts of time off depending on the employee’s relationship to the deceased family member. You may allow more time off when an immediate family dies (e.g., three days) while providing for a shorter period of leave for the death of an extended family member (e.g., one day to attend the funeral). You also may want to address whether more leave is offered based on out-of-state travel being involved (e.g., five days).

The trend is to move toward offering longer leave periods, but of course, employees don’t have to take all of the available leave. If your policy is to offer different amounts of leave under different circumstances, you should document the amount of leave employees are granted and the reason behind your decision to approve the length of their leave.

Will the Leave Be Paid?

Your policy also should address whether bereavement leave will be paid or unpaid. If it’s unpaid, you should state whether employees can elect to use their available paid leave (e.g., vacation time) in lieu of unpaid leave.

In our February article, we reported that 94% of U.S. employers offer paid bereavement leave. Of those, approximately 83% offer a separate plan for paid leave (i.e., bereavement leave isn’t part of employees’ paid vacation or sick time). The trend is moving toward offering paid bereavement leave, with the most recent statistics showing an 11 percent increase in paid leave policies over the past year. Employers that want to offer longer leave but can’t afford extended paid leave may choose to offer paid leave for a few days, followed by extended unpaid leave.

Miscellaneous Policy Considerations

You should outline your expectations for how employees will notify you that they want to use bereavement leave. It can be as simple as following your other leave or attendance policy procedures. If you require proof of the need for leave, your policy should spell out the acceptable forms of proof (e.g., an obituary or a funeral program). Or, instead of requiring documentary proof, you may ask the employee for details (e.g., the relative’s name, the date of death, where it occurred, and the employee’s relationship to the decedent) and verify the information.

If your company is willing to grant special leave requests depending on the circumstances, your policy should explain how an employee can go about making a special request. If you decide bereavement leave isn’t flexible, your policy should be clear that the company will not make exceptions for special or unique circumstances. Having a clear policy will help you manage employee expectations and avoid requests that will inevitably be denied.

Get Drafting

We hope this column has motivated you to take the next steps toward drafting or revising your bereavement leave policy so that it fits your company’s needs. Remember, people grieve differently, so a flexible policy may be the way to go to address your employees’ various coping needs. Employees should be allowed to choose whether to take extended bereavement leave to mourn the loss of a loved one or return to work quickly and get back to their routine.


2019 Law Updates

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California’s minimum wage: As of January 1, 2019, the minimum wage in California increased. With the increase in the state minimum wage, there is a corresponding raise in the minimum salary required to qualify as exempt under the “white collar” exemptions.

Employers with 25 or fewer employees:

  • New Employee Hourly Wage: $11.00 per hour

  • Minimum Salary for Exempt Employees: $45,769

Employees with 26 or more employees:

  • New Employee Hourly Wage: $12.00 per hour

  • New Minimum Salary for Exempt Employees: $49,920

SB 1343 (Sexual Harassment Training):  Existing law requires employers with 50 or more employees to provide supervisors with sexual harassment training.  This new law expands the training requirement to employers with 5 or more employees and requires that employers provide at least 2 hours of training to supervisory employees and at least one hour of training to non-supervisory employees by January 1, 2020 and once every two years thereafter.  It also requires the DFEH to develop and post training materials for employers to use for these purposes.

SB 1300 (FEHA Amendments):  This bill amends FEHA in a number of respects, including (1) to add a provision making it an unlawful practice for an employer to require an employee to release a FEHA claim in exchange for a bonus, raise, or continued employment; (2) to make employers liable for any kind of unlawful harassment by non-employees (not just for sexual harassment as under existing law) where the employer knew or should have known of the harassment and failed to take appropriate remedial action; and (3) to add certain statements of legislative intent to make it harder for employers to prevail on harassment claims (e.g. a legislative declaration that harassment cases are rarely appropriate for resolution on summary judgment, and a declaration that a single act of harassment may suffice to support a finding of a hostile work environment).

SB 1976 (Lactation Accommodation):  This new law makes changes to existing lactation accommodation law.  The existing law requires employers to make reasonable efforts to provide a location other than a toilet stall to be used for lactation.  The new law specifies that the location should be something other than a bathroom and further specifies that it generally should be a permanent location but that it can be a temporary location if (1) the employer is unable to provide a permanent location due to operational, financial, or space limitations; (2) the temporary location is private and free from intrusion while being used for lactation purposes; and (3) the temporary location is not used for other purposes while being used for lactation.  The new law also provides that an agricultural employer may comply by allowing an employee to use the air-conditioned cab of a tractor or truck.  If an employer can prove that it is an undue hardship to comply with these requirements, the employer may be able to provide a location (including a bathroom) other than a toilet stall for the employee to use for lactation purposes.

Mileage Reimbursements- The Internal Revenue Service issued the 2019 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on Jan. 1, 2019, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

  • 58 cents per mile driven for business use, up 3.5 cents from the rate for 2018,

  • 20 cents per mile driven for medical or moving purposes, up 2 cents from the rate for 2018, and

  • 14 cents per mile driven in service of charitable organizations.

SB 1412 (Criminal History Inquiries):  This bill amends Labor Code section 432.7, which limits employers’ ability to conduct criminal history inquiries and to use criminal history information in employment decisions.  Existing law makes an exception for employers who are required by federal or state law to inquire into an applicant’s or employee’s criminal history.  The amendment is intended to tighten the exception to apply only where an employer is required by law to inquire into a “particular conviction” or where an employer cannot by law hire someone with a “particular conviction.”  to make clear that employers may only consider “particular convictions” when assessing criminal history.  “Particular conviction” is defined only to mean “a conviction for specific criminal conduct or a category of criminal offenses prescribed by any federal law, federal regulation or state law that contains requirements, exclusions, or both, expressly based on that specific criminal conduct or category of criminal offenses.” 

SB 1252 (Copy of Payroll Records):  Existing law already requires that employees have a right to inspect or copy their payroll records and that they must be allowed to do so within 21 days of such a request.  This new law clarifies that if an employee requests a copy of the records, the employer must provide the copies (as opposed to requiring employees to copy the records themselves).

AB 1565 (Contractor Liability):  This new law took effect immediately as urgency legislation. It clarifies a new law enacted last year making certain direct contractors performing work in the state liable for unpaid wages by subcontractors.  The amendments to the law provide requirements that must be met in order for a direct contractor to withhold payments to a subcontractor for “disputed sums.”  In order to withhold payment, the contractor must specify in its contract with a subcontractor all items of information that will be requested of the subcontractor, such as payroll records and other information related to hours worked, etc.

AB 3109 (Disclosure of Sexual Harassment):  This bill makes void and unenforceable any provision in a contract or settlement agreement that prevents a party to the contract from testifying about criminal conduct or sexual harassment in an administrative, legislative, or judicial proceeding. 

SB 224 (Sexual Harassment):  This bill amends section 51.9 of the Civil Code to expand the types of relationships that can be subject to a claim for sexual harassment to include lobbyists, elected officials, directors, producers, and investors.  This statute generally applies to work relationships where one person holds himself out as being able to help someone establish a business or professional relationship directly or with a third party.  

SB 820 (Settlement of Sexual Harassment Claims):  This new law prohibits provisions in settlement agreements entered into after January 1, 2019 that prevent disclosure of factual information pertaining to claims of sexual assault, sexual harassment, gender discrimination or related retaliation that have been filed in court or before an administrative agency.  The new law does not prohibit a provision that prevents the parties to the agreement from disclosing the amount of the settlement.  Additionally, at the claimant’ request, the settlement agreement may include a provision that limits the disclosure of the claimant’s identity or of facts that would lead to the discovery of the claimant’s identity.

SB 1123 (Paid Family Leave Uses):  California has a paid family leave program that provides partial wage replacement to employees who take leaves of absence for specified purposes.  This new law expands the program to provide paid family leave benefits beginning January 1, 2021 to employees who take time off for reasons associated with being called to active duty or a spouse, domestic partner, parent, or child being called to active duty.

AB 2034 (Human Trafficking):  This new law requires employers who operate an intercity passenger rail, light rail, or bus station to provide by January 1, 2021 at least 20 minutes of training on human trafficking awareness to employees who are likely to come into contact with human trafficking victims.

SB 970 (Human Trafficking):  This new law amends FEHA to require hotel and motel employers, by January 1, 2020, to provide at least 20 minutes of training on human trafficking awareness to employees who are likely to come into contact with victims of human trafficking.  These employees include reception employees, housekeeping employees, bell desk employees, and other employees who regularly interact with customers.  The new law requires covered employers to provide such training to covered employees within 6 months of hire and once every two years thereafter.

AB 1654 (PAGA Relief for Unionized Construction Employers):  This new law provides that unionized workers in the construction industry are not covered by PAGA (i.e. they cannot bring PAGA claims), provided that the CBA (1) is entered into prior to January 1, 2025; (2) provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and for the employee to receive a regular hourly pay rate of not less than 30 percent more than the state minimum wage rate; (3) prohibits all of the violations of the Labor Code that normally would be addressable under PAGA; (4) provides for a grievance and binding arbitration procedure to redress those violations and authorizes the arbitrator to award any and all remedies otherwise available under the Labor Code (except PAGA remedies); and (5) expressly waives PAGA rights. 

SB 826 (Gender Composition of Boards of Directors):  This new law provides for mandatory inclusion of women on corporate boards of directors.  Specifically, by the end of 2019, publicly held domestic or foreign corporations with principal executive offices in California must have a minimum of one female director on its board, and by the end of 2021, these corporations must comply with the following: (1) If its number of directors is six or more, the corporation shall have a minimum of three female directors; (2) If its number of directors is five, the corporation shall have a minimum of two female directors; (3) If its number of directors is four or fewer, the corporation shall have a minimum of one female director. 

Five Things You Should Know About Holidays and Holiday Pay In California

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1. California employers are not required to provide employees time off for holidays.

There is no requirement that California employers provide time off (except for religious accommodations, - see below) for holidays. California's DLSE's website states the following: Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. California law does not require that an employer provide its employees with paid holidays, that it close its business on any holiday, or that employees be given the day off for any particular holiday. 

2. California employers are not required to pay for time off for holidays, nor are they required to pay additional wages if employees work on holidays.

Likewise, there is no requirement that employers pay employees extra pay or "holiday pay" for work performed on holidays. Employers can voluntarily agree to pay employees extra pay for work that is required during holidays, but these terms would be governed by policy set forth by the employer. Therefore, employers are urged to make sure their holiday pay policies are clearly set forth. California's legislature has proposed bills that would require certain employers to pay employees double time for work done on Thanksgiving, but none of these bills have become law. For example, the "Double Pay on the Holiday Act of 2016" proposed to require an employer to pay at least 2 times the regular rate of pay to employees at retail and grocery store establishments on Thanksgiving. None of these attempts by the legislature have been successful yet in requiring California employers to pay any extra "holiday pay."

3. Employers must provide reasonable accommodations for employees who cannot work on certain holidays due to religious observances.

Employers need to be aware of any religious observances of their employees since employers need to provide reasonable accommodations for employees due to religious reasons. The analysis of reasonable accommodation is required is a case by case analysis based on the company's type of business and the accommodation requested by the employee. If the employer's operations require employees to work during normally recognized holidays, such as a restaurant, then this should be communicated to employees in the handbook or other policies and set the expectation that an essential function of the job requires work during normal holidays.

4. If an employer does pay for time off during holidays, the employer does not have to allow employees to accrue holiday paid time off.

If an employee leaves employment before the holiday arrives, the employer is not required to pay the employee for the day off. However, the employer's policy regarding holiday pay must clearly set out that this benefit does not accrue to employees and that they must be employed during the specific holidays to receive the holiday pay. Often the employer will also require that the employee works the days leading up to and following the holiday in order be eligible for the holiday pay.

5. If a pay day falls on certain holidays, and the employer is closed, the employer may process payroll on the next business day.

If an employer is closed on holidays listed in the California Government Code, then the employer may pay wages on the next business days. The DLSE's website explains this, and other considerations, for the timing requirements for payroll. 

The holidays listed in the Government Code are as follows:

  • January 1 - New Year's Day

  • Third Monday in January - Martin Luther King Jr. Day

  • February 12 - Lincoln's Birthday

  • Third Monday in February - Washington's Birthday

  • Last Monday in May - Memorial Day

  • July 4 - Independence Day

  • First Monday in September - Labor Day

  • Second Monday in October - Columbus Day

  • November 11 - Veterans Day

  • Fourth Thursday in November - Thanksgiving Day

  • Day after Thanksgiving

  • December 25 - Christmas

4 Ways to Make Your Employee Handbook More Effective

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Your company’s employee handbook is one of its most important documents. From directly communicating your expectations and requirements to employees to giving staff a blueprint for success, an employee handbook has several goals to achieve.

The primary goal of your employee handbook is to ensure that everyone that’s part of your company or organization, from managers to new hires, is on the same page with regards to conduct, goals and culture.

Sounds challenging, doesn’t it? With the right strategy and techniques, it’s possible for your company to create a fantastic employee handbook. Read on to learn four ways to make your company’s handbook significantly more effective.

1. Keep it simple, straightforward and accessible. 

Many companies make the mistake of making their employee handbooks as dense and comprehensive as possible. This, unfortunately, often means listing rule after rule in dense, challenging language, with little readable content in between.

Your employee handbook needs to clearly establish your rules and expectations, but it also needs to be readable. Dense, complex legal language is far more likely to turn employees away than encourage them to continue reading.

Make sure your employee handbook contains all of the information that employees need to know, but don’t overdo the complexity. Keep it simply, straightforward and accessible and you’ll find it far easier to effectively communicate with your staff.

2. Create a clear code of conduct for employees. 

Does your employee handbook include a code of conduct? Your company’s code of conduct is one of the most important elements of its employee handbook, giving it an in-depth listing of behavioral and ethical expectations for its employees.

Start creating your employee handbook by establishing a clear code of conduct for your employees to follow. Offer detailed information on all relevant aspects of at-work behavior and conduct so that your company’s expectations are clear.

Clear, straightforward communication of your company’s conduct expectations is the key to creating a productive, effective workplace in which every individual has an excellent understanding of what is and isn’t okay.

3. Don’t keep it static – revise and update over time. 

As time goes on and your business grows larger and more successful, you may need to update your employee handbook to cover new expectations, practices and other information.

This means dedicating time to revisiting your employee handbook and making all of the necessary revisions on a frequent basis. Once per year is a great goal to aim for – a schedule that allows your employee handbook to adapt alongside your business.

Updating your employee handbook on a frequent, consistent schedule also makes it easier to incorporate changes to HR regulations and law into your handbook, giving your company the protection it needs against lawsuits and other legal action.

4. Double check everything with your legal department. 

Since your company’s employee handbook is an important document that outlines your conduct and behavior expectations, it needs to comply with all relevant laws that govern your company’s conduct.

Before publishing your employee handbook – or releasing an updated version after making changes to its content – ensure it’s checked in detail by your company’s legal team to make sure it’s compliant with the law.

If your company doesn’t have an in-house legal department, hire a professional to review your employee handbook. Although there are costs associated with getting expert legal advice, they’re small in comparison to the cost of a serious lawsuit.