If your employee handbook hasn't been updated in the past six months, it's out of date.
Because employment laws and your business are in a constant state of flux, it's critical to keep your personnel policies up-to-date.
Give your employee handbook the vetting it needs! Get your company in compliance and secure your job. Start here: Bullet-Proof Your Employee Handbook
In light of recent legal changes, be sure your policies include these updates:
Include genetic information on your list of protected classes.
The Genetic Information Nondiscrimination Act (GINA) went into effect on Jan. 1. GINA prohibits discrimination based on employees' and applicants' genetic information, and that of their family members as well.
Genetic information includes the results of genetic tests, along with information about family medical histories.
As a result of this new law, you should add genetic information to the list of protected characteristics in your nondiscrimination and anti-harassment policies.
FMLA and the military
Update the military sections of your FMLA policy.
Employers with 50 or more employees are subject to the FMLA. Among other things, the FMLA requires employers to have a written policy that details employees' rights under the law.
In 2009, several changes to the FMLA and its regulations required employers to significantly revamp their FMLA policies.
Just when we thought we had things all squared away, the Obama administration modified the law to expand military-leave benefits. Previously, military leave for a "qualifying exigency” was limited to members of the National Guard and Reserve. That right now extends to members of any branch of the armed forces.
Policies and procedures that made sense a few years ago may soon put you in legal jeopardy today. Audit your handbook using our clear, thorough and easy-to-follow guide — Bullet-Proof Your Employee Handbook
Especially for nonprofits
Consider adopting whistle-blower, conflict-of-interest and document-retention policies.
All employers benefit from policies that help employees adhere to ethical business practices and encourage them to report suspected ethical or legal misconduct.
In light of changes to the IRS Form 990, charities and other tax-exempt organizations may have further reason to adopt such practices. Form 990 now surveys whether an organization has written policies addressing whistle-blowing, conflicts of interest and document retention and destruction.
If you don't have such policies, consider adopting them. If you do, make sure your written policies reflect the actual practices in your organization. Having all the required and recommended policies in place will minimize the risk of an audit or negative publicity for tax-exempt businesses.
Facebook, other social media
Determine whether social media is interfering with your business needs.
As the popularity of social media and social networking grows, employers should consider adopting policies that educate employees on your expectations and their legal obligations.
While social networking provides companies with marketing, recruiting and other business opportunities, many employers also experience problems when employees go online. Problems range from decreased productivity and workplace distractions to disclosure of confidential information, invasion of privacy and harassment.
Employers can and should provide employees with guidelines on their use of social media. What those policies cover will differ from workplace to workplace, and may depend on whether the employer itself relies upon social networking for business purposes. Social networking is here to stay, so it seems prudent to adopt policies stating your expectations.
Prevention, not problem solving
In addition to staying current with new legal developments, it is a good idea to review current policies with an eye toward lessons learned from prior employment issues.
Policies that are incomplete or ambiguous open the door to workplace disagreements, HR headaches and employment-related lawsuits. Thoroughly reviewing your employee handbook this spring is a great way to ensure those problems don't affect you.
Page-by-page, strip your handbook of these common mistakes:
#1 The "cookie-cutter" trap. These clauses have nothing to do with your business and everything to do with lawsuits.
#2 The policy-procedure blur. Lets employees interpret "guidelines” as procedures – and hold you legally accountable.
#3 Lack of "wiggle room.” Because nailing certain things down in a handbook could pin you down in court.
#4 Rigid discipline. Another case where being too specific can create legal disasters, but look out if you're too vague!
#5 The probation problem. Unless you use the right words, you're stuck with employees – no matter what. ...
plus, 7 even higher-liability mistakes regarding disclaimers, state laws, terminations! Get your copy here.
- Religious bias: No special exceptions to union pact
- What's the best interview question you've asked?
- Supreme Court rules FLSA class-action properly dismissed as moot
- Internal wage-and-hour complaints don't count as 'testimony' in FLSA retaliation cases
- New employee obviously not working out? Let hiring manager be the one who terminates