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