Do you have
an Employee Handbook?
If you are an employer, an employee handbook is a must. A well-composed employee handbook is an essential tool against employee discontent, or worse, employee litigation. If you have such a document, then now is the time to review your handbook to ensure it is up to date with the ever-changing employment laws. If you do not, do not hesitate to create one now. Although Florida does not require an employer to create an employee handbook, it is an unnecessary risk not to have one.
A well-designed employee handbook promulgates the employer’s
stance on important legal issues, such as sexual harassment and employment
discrimination. It also expressly
informs the employee of the company’s operating policies and procedures. A handbook
typically sets forth company rules for employees, including work day
guidelines, as well as educates employees about fringe benefit plans.
Regardless of the depth of a handbook, there are a few policies an employer
should be sure to develop and include.
·
A disclosure of
“at-will” employment. Further, the handbook should include an “at-will”
disclaimer that avoids an interpretation that a contractual relationship has
been created. It explains to the
employee that he can be terminated with or without cause at any time.
·
An explanation of the different classes of
employment. i.e., full-time, part-time, temporary, and exempt and non-exempt
classifications under the Fair Labor Standards Act. It should clarify each
category an employee fits into, and the employer should ensure thereafter that
the employee is properly classified.
·
A cogent explanation
of hours, meals, and breaks. To aid in litigation avoidance, employers should delineate
their policy regarding employee hours, overtime, double-pay meals, and breaks
in compliance with statutory requirements.
·
A statement of equal
employment opportunity. Employers must have a well drafted policy addressing
their dedication to equal employment and intolerance of all forms of discrimination
against all classes protected by law. It should further specify that the
employer shall not discriminate at any time during the employment process, such
as during hiring and termination.
·
Policy against
harassment. An employer should clearly set forth its policy against harassment
in the workplace. This should include all forms of harassment employees are
protected against (not just sexual). A harassment policy should also provide
employees who believe they have been harassed with guidelines for reporting
such harassment and protocols for handling incidents reported by employees.
·
Employee conduct and
performance. The handbook should set forth what conduct is impermissible in the
workplace, especially that conduct which may result in immediate termination.
·
Explanation of the
company’s electronic privacy policies. The employee handbook is the best place
for employers to set forth their policy on electronic privacy of employees.
This includes an employee’s privacy of their computers, smartphones, emails,
telephone conversations, and voicemails.
·
Family and Medical
Leave Act (FMLA) policy. If you are an employer with more than fifty employees,
you are required by law to provide your employees with your FMLA policy in
writing.
·
Acknowledgment. Employers
should always ensure they receive a written acknowledgment from the employee stating
both an understanding of the contents and an agreement to abide by the terms
and conditions.
·
Due to the
complexity of employment laws, employers should hire experienced legal counsel
to draft and review their employee handbook. A well drafted handbook will be
written in simple, laymen language to ensure all employees understand its
provisions and there is no confusion about the meaning of its terms.
·
Last of all,
employers must ensure its employees actually follow the employee handbook. This
is especially true in cases of claims of discrimination or harassment where a
manager’s handling of a claim can either mitigate a company’s damages, or
increase them.
The foregoing are not
exclusive but provide a solid guideline for employee handbooks. Each handbook
needs to be tailored for each particular business by a qualified attorney or
human resources professional