Expert Advice - July 2006

Updating Your Employee Handbook

The Time Is Now

by Devon T. Reese

The majority of employers in the United States now have some form of employee handbook or personnel policies manual, but many handbooks have not been updated for several years. Considering the multiplicity of changes in various employment laws over the last five years, now is the right time to revise your employee handbook.

If your handbook has not been updated since 2001, you have failed to incorporate dramatic changes to the Americans with Disabilities Act, the Family Medical Leave Act and the Fair Labor Standards Act (FLSA), to name just a few new federal initiatives. State government agencies have also issued numerous regulations, interpretive decisions and recommendations in recent years which affect handbook policies.

Given the complexities of some of these laws, it is important that you regularly monitor your handbook with the assistance of legal counsel, to determine whether revisions are needed. Employers should also be vigilant in training their employees to comply with the policies contained in the handbook – what good is a "sexual harassment" policy if the employees are not properly trained to avoid offensive behavior or to report such behavior promptly when it occurs?

Here are our "Top Ten" suggestions for updating your handbook to comply with the latest issues in the employment context. And for those creating a handbook, the following items are a good starting point:

1. Mandatory meal period policy: Does your handbook make clear to non-exempt employees that they must take their meal periods or face discipline?

2. Partial Day for Exempts: Have you incorporated the new FLSA guidance on partial-day vacation use by exempt employees and on the cap on vacation accrual?

3. Safe Harbor on Deductions: Does your policy provide for a safe harbor policy regarding impermissible deductions from salaries of exempt employees, so they won’t lose exemption status per new FLSA white collar regulations?

4. Military Leave: Did you review your military leave policies to ensure compliance with the new military leave regulations issued in December 2005 under USERRA?

5. Sexual Orientation: Does your Equal Employment Opportunity policy prohibit discrimination on the basis of sexual orientation?

6. Family Medical Leave: Has your Family Medical Leave policy been revised to reflect recent case law allowing termination for working for another employer while on leave?

7. Harassment Policy: Does your handbook clearly identify your policy against harassment in the workplace and include a no-retaliation policy and complaint procedure?

8. Service Animals: Did you review your disability policy to ensure that persons with service animals are reasonably accommodated?

9. Special Policies: Does your company have any special policies that need to be incorporated formally into your handbook?

10. Blogging Policy: Have you considered adding an employee blogging policy regarding disclosure of confidential information and statements reflecting disloyalty on Internet sites?

If you routinely review your employee handbook, you are less likely to be caught off guard by changes in employment laws. A current handbook will prove invaluable in clarifying policies, answering employee questions and integrating workers into your corporate culture.

Devon T. Reese
Devon T. Reese is the managing attorney of the Reno office of Curiale Dellaverson Hirschfeld & Kraemer, LLP. Donna M. Rutter is a partner with the same firm.