Of course not. I just wanted to get your attention. The real
question is when is the last time you reviewed your employee
handbook to ensure, not only that it is legally compliant, but also
to ensure that it accurately reflects your current policies and
practices? That long, huh? If your handbook (along with your sense
of fashion and hairstyle) is stuck in the 80s, 90s or early 2000s,
it may be time for an update. An outdated handbook can create
potential risks for employers and convert what should be your best
friend into your worst enemy.
How do you know if your handbook is outdated? Well, if any of
the following are true, it may be time for an update:
your DUI lawyer really did draft it;
the clip art looks like a first grade art project;
it has a Y2K policy and makes several references to
pagers;
it has more volumes than a Time-Life collection;
its handheld-device policy references pagers only;
there is carbon-copy residue on the pages;
your company's name is written over white-out throughout
the handbook.
Seriously, many handbooks suffer from the same problems. For
example, one common problem is the failure to have adequate EEOC
and no harassment policies that address all types of illegal
harassment and discrimination, including that covered by applicable
state law.
Another related problem is the failure to have a procedure that
provides employees with alternative avenues to report concerns
about discrimination and harassment to ensure that proper
management receives notice of the concern so that it can properly
respond. Simply requiring an employee to report concerns to the
direct supervisor leaves the company vulnerable. What if that
supervisor is the problem? What if that supervisor fails to respond
to the complaint? Or worse, chastises the employee for bringing it
up?
Many handbooks lack social media and electronic communications
policies at all, or have policies that are inconsistent with the
rapidly changing world and legal requirements. Do the policies
address the use of devices while driving? Does the policy allow the
company to view personal e-mail accounts accessed through company
equipment? Other handbook policies fail to take into account the
changes to the leave laws or have leave provisions that may be
inconsistent with the ADA's requirement and the EEOC's
enforcement position regarding unpaid leave as a reasonable
accommodation.
In addition to legal compliance issues, some handbooks simply do
not reflect the employer's current policies, rules, and
culture. Handbooks that include policies and practices that have
not been followed since the disco era should be revised to reflect
current practices. For example, if you have a reporting off
procedure that requires employees to personally call their
supervisors but your company allows employees to report off by
email or text, what is your real policy?
Finally, one mistake many employers make in drafting an employee
handbook is that they want the handbook to be all things to all
people. This approach generally fails on both accounts. For
example, many handbooks have multiple paragraphs explaining exempt
versus non-exempt status, and some try to explain the morass
related to compensable time for travel. Others include detailed
explanations of the health and medical benefits that often are
inconsistent with the actual plan documents governing the
benefit.
Bottom line: handbooks should not be viewed or drafted to be the
"answer book" for all questions and should not be used as
a replacement for actually managing employees and making
decisions.
If your handbook has these and other "issues,"
you're not alone – we see many handbooks that lag
behind the ever changing world of technology, culture, and the law.
Even those employers that realize that an out-of-date or poorly
drafted handbook greatly diminishes its value oftentimes don't
get around to making the needed changes. Other more pressing
problems, including lack of available funds, often relegate the
handbook project to back burner status, thereby leaving you
vulnerable. Many times the "I'll get to it" time
never comes.
It's never too late to make the changes and to update your
handbook. You may want to consider including a handbook review on
your to-do list. By the way, if you decide to do it and need help
reviewing your handbook, it probably isn't the best idea to
contact your DUI lawyer.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
The Departments of Labor, Treasury, and Health & Human Services have issued new guidance on the content requirements for health plan summaries of benefits and coverage ("SBCs").
E-mail can be powerful evidence in a dispute, and whether employers and criminal investigators may use employee e-mail in litigation proceedings is a hot topic. A recent New York federal court decision outlined the current law in this area.
I wrote two years ago about the challenges employers face when an employee attributes his or her misconduct to a disability.
I wrote two years ago about the challenges employers face when an employee attributes his or her misconduct to a disability.
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