EMPLOYEE HANDBOOKS— Still Making a Difference!

EMPLOYEE HANDBOOKS—Still Making a Difference! Presented by: Linda J. Cooley, Esq. Krieg DeVault LLP 2800 Indiana Square Indianapolis, IN 46204 (317) 238-6232 lcooley@kdlegal.com

Doesn’t the Company Make the Rules? Sure- and giving the Company discretion helps prevent employment law claims. In other words, stating that the Company “may” terminate the employee for certain conduct, that it “has the right to” implement a performance improvement plan, that “these are only guidelines,” etc., sets the Company’s authority. The Employee Handbook explains expectations and rules so your workplace runs as smoothly as possible.

THE BASICS Why use an Employee Handbook? – It is the best way to: • communicate company policies • establish practices and procedures • provide employees with guidance • protect the company from lawsuits (P.S. The EEOC and ICRC love handbook provisions!)

BASICS, cont. • Do I need an Equal Employment policy? – Yes- always include an equal employment opportunity statement that you can quote in your Position Statement, i.e. “The Company is an equal opportunity employer. Equal opportunity has been and will continue to be … .”

BASICS, cont. • Why do I need an Acknowledgement Form? – This will often be Exhibit 1 in a deposition of the employee who sues your company. It also shows the court that you provided the ground rules to the employee before taking adverse action.

BASICS, cont. • What is “At-Will” Employment?- The term “at-will employment” means that the company can terminate employment at any time and for any lawful reason.

BASICS, cont. • When should Employee Handbooks be prepared/reviewed?- The best time to prepare an Employee Handbook was yesterday.  Handbooks should be updated regularly when laws change and reviewed every 3-5 years.

ESSENTIAL HANDBOOK PROVISIONS • A. Employment at will • Only the company’s [CEO] has the authority to enter into a written agreement that changes the status of your at-will employment. • B. Contract disclaimer • C. EEO provision

ESSENTIALS, cont. • D. Anti-harassment/ Non-discrimination • Include a sexual harassment policy providing multiple avenues to report • Include local ordinances • Workplace violence/bullying • Cross-reference to other policies • E. Federal/State military leave

ESSENTIALS, cont. • F. Other Leaves • FMLA • ADA “reasonable accommodation” leave • Discretionary (medical; personal; bereavement) • Jury Duty • G. Attendance policies and reporting • H. Vacation pay (PTO) and scheduling

ESSENTIALS, cont. • I. Workplace Conduct/Expectations • J. Substance Abuse (drugs and alcohol) • K. Company phones/PDAs/Computers • L. E-mail and Internet Use policy • M. Social Media Policy • What is the NLRB up to now?

ESSENTIALS, cont. • N. Compensation • Exempt/non-exempt status • Full versus part-time • Overtime • Payroll • Expense reimbursement

ESSENTIALS, cont. • O. Benefits • Insurance • STD/LTD • COBRA • Retirement Savings Plans • HSA/Section 125 Flexible Spending Accounts

ESSENTIALS, cont. • P. Code of Ethics • Q. Other Provisions • Nursing Mothers • Tuition Reimbursement • Wellness Programs, EAPs • Smoking in the Workplace • Guns in the Workplace

QUESTIONS • QUESTIONS? • COMMENTS? THANK YOU! Disclaimer: These slides and the accompanying lecture are for educational purposes only and are not intended, and should not be relied upon, as legal advice. These materials may constitute legal advertising in some jurisdictions.

EMPLOYEE HANDBOOKS— Still Making a Difference!