EMPLOYEE HANDBOOKS TEN COMMON MISTAKES Presented by Cathy A. Pilkington Law Offices of Cathy A....
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Transcript of EMPLOYEE HANDBOOKS TEN COMMON MISTAKES Presented by Cathy A. Pilkington Law Offices of Cathy A....
EMPLOYEE HANDBOOKSTEN COMMON MISTAKES
Presented by
Cathy A. Pilkington
Law Offices of Cathy A. Pilkington
160 N Clark Street, Suite 4700
Chicago, IL 60601
Ph: 312-346-2762
CHALLENGE YOUR HANDBOOK
KNOWLEDGE.
THINKING ABOUT EMPLOYEE HANDBOOKS ON NEW LEVEL.
WHY DO IT?
THE PROS AND CONS OF ADOPTING AN EMPLOYEE HANDBOOK
DO WE NEED HANDBOOK?
A GOOD IDEA AND WE CAN
GET IT FREE ON INTERNET!
LEGAL ZOOM GAVE US ONE. WE ALREADY SIGNED AND PASSED OUT
TO STAFF.
SETS MUTUAL EXPECTATIONS
• A tool for businesses of any size
• Does not have to be written in legalese
We respect each other
We depend on each other
We are our creative ideas
Employees want growth and
development, not micro-
management
Employer hires
and expects
committed
workforce.
Reported Reasons Employees Are Late For Work
• Employee’s sobriety device wouldn’t allow his car to start.
• Employee blew his nose so hard that his back went out.
• Employee’s false teeth flew out car window.
• Employee forgot to come back to work after lunch.
• Employee’s cat unplugged the alarm clock.
• Employee’s monkey died.
*Establish Corporate Culture*Job Knowledge
*Easily accessible information
PTO and Paid Holidays
Grievance procedures Company rules
Disciplinary Policy
Employee Handbook Communicates OUR Corporate Culture
Management and Employee Expectations
HANDBOOK- WHY NOT?
Adds To Management
Tasks and Risks
System To Update
System To Train
Government Involvement
System To Interpret
Who is In Charge of Employee Handbook?Who will keep records of training?
How will new supervisors get trained? How often will it be updated?
Method for employees receive updates?Who will answer Questions?
What will Government want to add to it?Who will be responsible for Government changes?
GOVERNMENT INVOLVEMENT IN YOUR HANDBOOK
• U. S. DEPARTMENT OF LABOR OSHA
Wage and Hour
NLRB Oversight On Handbook Language
Union vs. non-union workforce
Section 7 “Chilling” Activity
MANAGEMENT: HANDBOOK ASSEMBLY ANDMAINTENANCE
Adds To Management
Tasks and Risks
System To Update
And Train
System To
Train
Government Involvement In Handbook Language
System To
Interpret
THE BEST HANDBOOK FORMAT?
FIRST STEPS TO DEVELOP OR REVISE HANDBOOK
1- FORM HANDBOOK TEAM THAT WILL REVIEW AND MAKE RECOMMENDATIONS ABOUT HANDBOOK
2-MAKE OUTLINE OF AREAS THAT WILL BE INCLUDED IN HANDBOOK
3-DECIDE ON POLICIES TO BE INCLUDED PER CORPORATE CULTURE; SUMMARIZE AND PLACE IN APPROPRIATE PLACE IN OUTLINE
4-OBTAIN NECESSARY LANGUAGE FROM LEGAL (NOT A CONTRACT, AT WILL EMPLOYMENT, CHANGE WITHOUT NOTICE)
5-HAVE TEAM REVIEW, THEN LEGAL REVIEW BY EXPERIENCED ATTORNEY.
STEPS TO MAINTAIN HANDBOOK AFTER REVISIONS6-DETERMINE HOW HANDBOOK WILL BE DISTRIBUTED TO EMPLOYEES
7-DETERMINE WHO WILL BE RESPONSIBLE FOR OBTAINING EMPLOYEE ACKNOWLEDGEMENTS OF RECEIPT OF THE HANDBOOK
8-DETERMINE WHO WILL BE RESPONSIBLE FOR UPDATES RE LEGAL CHANGES AND AMENDMENTS AND REVIEWS
9- DETERMINE WHO WILL BE RESPONSIBLE FOR DISTRIBUTING UPDATES TO EMPLOYEES AND OBTAINING ACKNOWLEDGEMENTS
10-DETERMINE HOW THE HANDBOOK AND UPDATES WILL BE KEPT AND MAINTAINED AS COMPANY RECORD
HANDBOOK ESSENTIALS
Technology Policies
• No expectation of privacy• Email • Internet • Social Media • Mobile Devices • Company Equipment
Time Off/Leave of Absence
• Holiday Pay• Vacation• Sick Leave• PTO (paid time off) • FMLA* • Personal Days Off• Accommodations
Bereavement LeaveJury DutyVoting LeaveMilitary Leave of AbsenceLactation/ BreastfeedingDomestic Violence Leave
Employment
• Employee Classification Categories
• Background and Reference Checks
• Internal Transfers/ Promotions
• Drug Testing Policy
• Progressive Discipline
• Separation of Employment
Workplace Expectation Policies
• Confidentiality
• Conflicts of Interest
• Anti-Harassment **
• Attendance and Punctuality
• Work Attire and Grooming
• Standards of Conduct
• Cell Phone, Texts
• Workplace Violence
Company Trade Secrets
Customer Confidentiality
Employee Medical Privacy
Electronic Communications and Internet Use
Social Media Courtesy: Solicitations, Distributions and Posting Materials
Employee Personnel Files
Compensation
• Performance and Salary Reviews
• Payment of Wages
• Time Reporting
• Meal/ Rest Periods
• Overtime Pay
• On-Call Pay
• Employee Travel and Reimbursement
Expectations While Driving and Traveling On Company Business
• Talking on Cell Phone While Driving
• Sending Texts While Driving
• Concealed Carry While Traveling On Company Business
Workplace Safety
• Drug Testing In The Workplace
• Workplace Safety Rules – OSHA
• Workplace Violence - OSHA
• Concealed Carry Laws – vary by state
• Smoking Policy
COMMON MISTAKES WITH EMPLOYEE HANDBOOKS
COMMON MISTAKE #1
• Failure to Distinguish Employee Handbook vs. Policy and Procedures Manual
• Employee Handbook Is Management Tool For Employees And Includes General Statement of Expectations And Should Be Understandable Does Not Have To Be In Legalese
• Policy & Procedure Manual – Management Tool For Supervisors With Detailed Policies and Procedures and State and Federal Laws
COMMON MISTAKE #2
• Not paying attention to DISCLAIMERS
At will employment
Not a contract
Changed without notice
COMMON MISTAKE #3
• LANGUAGE WHICH CONTAINS PROMISES YOU DON’T KEEP.
• USING “SHALL” INSTEAD OF “MAY” ALLOWS NO DISCRETION AND NO WIGGLEROOM
• “PERFORMANCE REVIEWS WILL OCCUR ANNUALLY.” THEN, THEY DON’T.
• “2% RAISES SHALL BE GIVEN ANNUALLY.” THEN, THEY ARE NOT.
COMMON MISTAKE #4
– NOT KNOWING YOUR WORKFORCE AND HOW TO COUNT IT.
– NOT DELINEATING TO WHOM THE HANDBOOK APPLIES.Temporary vs. Part-time staffIndependent contractorsUnion versus non-union
COMMON MISTAKE #5
• NOT HAVING EMPLOYEES SIGN AN ACKNOWLEDGEMENTS FOR EMPLOYEE HANDBOOK AND EMPLOYEE UPDATES (CAN BE ELECTRONIC)
• NOT INCLUDING THE SIGNED ACKNOWLEDGEMENT IN EMPLOYEE’S PERSONNEL FILE
• NOT RANDOMLY CHECKING PERSONNEL FILES FOR ACKNOWLEDGEMENTS AND OTHER REQUIRED DOCUMENTATION
Handbook Acknowledgement Form
By signing this form, I acknowledge that I have received a copy of theCompany’s Employee Handbook. I understand that it contains importantinformation about the Company’s policies, that I am expected to read theHandbook and familiarize myself with its contents, and that the policies inthe Handbook apply to me. I understand that nothing in the Handbookconstitutes a contract or promise of continued employment and that thecompany may change the policies in the Handbook at any time.I acknowledge that my employment is at will. I understand that I have theright to end the employment relationship at any time and for any reason,with or without notice, with or without cause, and that the Company hasthat same right. I acknowledge that neither the Company nor I haveentered into an employment agreement for a specified period of time.
Signed _________________________ Date _____________________
COMMON MISTAKE #6
• THROWING HANDBOOK IN DRAWER AND FORGETTING ABOUT IT
• NOT MAKING THE HANDBOOK AND REVISIONS AVAILABLE TO EMPLOYEES
COMMON MISTAKE #7
• Not Keeping the Handbook CurrentNLRB GuidanceEEOC GuidanceDOL Guidance OSHA GuidanceNot updating provisions for the State’s
Human Rights Act (protected classes may vary)
Common Mistake #8
(WORST MISTAKE)
Random and Unequal Enforcement of Handbook Policies
QUESTIONS ABOUT YOUR HANDBOOK