An employment handbook typically address topics such as dress codes, payroll, hours, sick leave, vacation time, and all other benefits provided to employees. However, with litigation having increased dramatically over the past decade, the contents of employee handbooks are becoming more and more detailed and have started to include non-discrimination and anti-harassment policies in addition to other topics designed to protect the employer. So, what topics should be contained in an employee handbook?
Hours – Full-time employees, part-time employees, and how overtime is to be authorized and paid. Salary – Identify how pay rates are established and how raises are considered and given. Benefits – Vacation pay, sick leave, health insurance, other insurance benefits, and retirement benefits. Drug & alcohol use – Most businesses prohibit their employees from using drugs and alcohol but some offer substance abuse programs, counseling and assistance programs. If such a program is offered by your establishment, it should be clearly identified in the handbook. Sexual harassment – Be clear that sexual harassment is illegal and that you will not tolerate inappropriate sexual conduct and that complaints alleging such conduct will be dealt with seriously. Also identify the procedures in place for confidentially relaying complaints to management. Attendance – Identify what is expected of your employees in terms of their attendance and any benefit programs for good attendance, as well as disciplinary measures for excessive absences or tardiness.
Employee Safety – Make it clear that employee safety is of utmost concern to you and your establishment and that employees are expected to adhere to all safety rules established by your management team. Smoking. Because New York City prohibits smoking in the workplace and in all food and drink establishments, it would be wise to include a provision outlining New York City’s local ordinance prohibiting smoking, and clearly identify the penalties for doing so. Employee Concerns and Complaints – How will employees address their complaints with management and what procedures will you employ to resolve those complaints. Several members of management should be identified as able to receive complaints. The written procedure you establish for entertaining and addressing employee complaints may ultimately protect you from liability should you ever be the subject of an employment discrimination or sexual harassment lawsuit.
What should not be included in an employment handbook? Avoid the appearance of obligations that will bind you as the employer. Unconditional promises of continued employment are frequently problematic and may limit your ability to terminate an employee. Courts have interpreted similar employee handbook provisions to constitute an employment contract promising that an employee will not be terminated in the absence of good cause. Likewise, overly stringent discipline polices should be avoided as they limit your flexibility to address each unique situation presented.
Please call Attorney James DiPasquale at (646) 343-4607, for a free consultation. |