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Alternatives’ View of Employee Handbooks Or Putting our Principles into Practice Presented By Fran Zankowski AAN Annual Conference San Diego, California.

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Presentation on theme: "Alternatives’ View of Employee Handbooks Or Putting our Principles into Practice Presented By Fran Zankowski AAN Annual Conference San Diego, California."— Presentation transcript:

1 Alternatives’ View of Employee Handbooks Or Putting our Principles into Practice Presented By Fran Zankowski AAN Annual Conference San Diego, California June 17, 2005

2 Survey of Handbooks 20 Alternative Newsweeklies submitted handbooks and other policy manuals They came from all sizes of markets and papers Handbooks varied from 6 pages to 78 pages

3 Styles and Tone Styles of Handbooks ranged from complicated and sometimes difficult to comprehend to easy going, flowing text -- sometimes within the same handbook! Tone ranged from somewhat heavy “this is what we do” to casual, friendly and breezy.

4 Generalizations Brevity was in short supply but should be encouraged. Often difficult phrasing cropped up when describing pay, particularly commissions. And, not surprisingly, except where federal or state laws applied, there were wide variations in policies.

5 Before We Proceed: Legal Review Required Nothing in this presentation is to be deemed accurate for publication without proper legal review. The examples that follow may be applicable only to the originating paper(s) and should be viewed only as possible representation of policies you may or may not choose to use. The content of this presentation is for informational purposes only. Always seek legal counsel before implementing changes to your company’s Employee Handbook.The author of this presentation does not represent that he is a lawyer, nor played one on tv. Neither AAN nor the author of this document shall be held liable for the use of this presentation in any other format or for any other use. User discretion advised.

6 Disclaimer Important to include, upfront, wording that says this handbook supersedes all previous versions, may be changed at any time at the discretion of the company, not meant to be a contract, and, if applicable, the company is an at-will employer. Attorney should review for possible legal implications.

7 Disclaimer Example #1 This Employee Handbook supersedes any prior policies, documents, communications or representations, whether written or verbal, concerning all matters herein. This handbook in no way constitutes an employment contract between the company and the employees to whom it is issued. The company reserves the right to change any of the policies or employee benefits described in this handbook at any time without prior notice. If there is any inconsistency between description of benefits and the plan document or insurance policy governing any employee benefit plan, the plan or insurance policy (and any amendment thereto) will control.

8 Disclaimer Example #2 PUBLISHER ’ S STATEMENT Nothing in this handbook is intended to confer any rights or privileges upon you, to create an employment contract with you, or to entitle you to be or remain employed by the company. The contents of this handbook are presented as a matter of information only. The matters contained herein may be modified, amended or deleted by the company at any time and with or without notice to employees. While we hope that your employment with the company will be long lasting, employees, of course, are free to resign at any time, just as the company is free to terminate your employment at any time. No employment promises or guarantees are binding upon the company unless made in writing and signed by the Publisher.

9 Disclaimer Example #3 This Employee Handbook sets forth the terms and conditions of employment of all full- and part-time employees, and supervisors. Individual written employment contracts may supersede some of the provisions of this handbook. This Handbook contains the policies and practices in effect at the time of publication. All previously issued handbooks and any inconsistent policy or benefit statements or memoranda are superseded. This Handbook is designed to familiarize you with our major policies. Your supervisor or the Human Resources manager will be happy to answer any questions you may have.

10 Example of Statement of At-Will Employment Status Employment at the the company is employment at-will. Employment at-will may be terminated with or without cause and with or without notice at any time by the employee or the the company. Nothing in this Handbook or in any document or statement shall limit the right to terminate employment at-will. No manager, supervisor or employee of the the company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment other than at-will. Only the (position title) has the authority to make any such agreement and then only in writing.

11 Example of The Right to Revise This employee handbook contains the employment policies and practices of the the company in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded. The company reserves the right to revise, modify, delete or add to any and all policies, procedures, work rules or benefits stated in this handbook or in any other document, except for the policy of at-will employment.

12 The Right to Revise cont. Any written changes to this handbook will be distributed to all employees so that employees will be aware of the new policies or procedures. No oral statements, or representations can in any way change or alter the provisions of this handbook. This handbook sets forth the entire agreement between you and the company as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook, or in any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee.

13 Example Employee Handbook Acknowledgement I have received a copy of the the company’s employee handbook. I have read it and understand the policies contained in it. I have had an opportunity to ask questions about and discuss the policies with my supervisor or the general manager. I understand that this revised employee handbook is not a contract of employment, express or implied, between the company and me and that I should NOT view it in any manner to be a contract of employment.

14 Employee Handbook Acknowledgement cont. I further understand that this employee handbook is a revised version of the company’s employment policies. I understand that it takes precedence over, supersedes and revokes all previous versions of a handbook or employment policies issued prior to (Month, day, year). I also understand and agree that the company reserves the right to change or alter the policies set forth in this handbook at any time. I also understand and agree that my employment is “at-will” for no definite period and may, regardless of the time and manner of payment of my wages or salary, be terminated at any time by the company or me, with or without cause, and with or without any previous notice.

15 Employee Handbook Acknowledgement cont. It is my understanding that no representative of the company other than one of the owners has authority to enter into an agreement with me for employment for any specified period of time or to make any agreement contrary to the foregoing. Please sign and date this form and return it to the (position title). Employee Signature Date –(Company Authorized) Signature Date

16 Table of Contents Ease of use Disclaimer and Employee Acknowledgement are preface to the handbook Notate each section and it’s page number Suggest addition of alpha index at the end, especially if handbook if more than 20 pages

17 Sample Table of Contents #1 I.IntroductionI-1 II.Employee RelationsII-1 A.Open-Door PolicyII-1 B.Equal Employment OpportunityII-1 C.Sexual HarassmentII-2 D.Requests for AccommodationII-4 III.EmploymentIII-1 A.New Employee OrientationIII-1 B.Proof of Work AuthorizationIII-1 C.Direct DepositIII-1 D.Employee InformationIII-1 E.Work SchedulesIII-1 F.Personal AppearanceIII-2 G.ConfidentialityIII-2 H.Conflict of InterestIII-2 I.Telephone Use and Office EquipmentIII-2 J.Computer, Internet, and UseIII-3 K.AdvancementIII-4 L.Employee FeedbackIII-4 M.Substance AbuseIII-5 N.Use of VehiclesIII-5 O.SmokingIII-5 P.Workplace ViolenceIII-5 IV.CompensationIV-1 A.Employment Classifications IV-1 B.PayrollIV-1 C.Time SheetsIV-1 D.Expense ReimbursementIV-1 V.Time Off From WorkV-1 A.HolidaysV-1 B.Combined Time OffV-1 C.Parental and Family LeaveV-2 D.Short-Term LeaveV-2 E.Bereavement LeaveV-3 F.Military Leaves V-3 G.Jury or Witness DutyV-3 H.Unpaid Leave of AbsenceV-3 I.Work CoverageV-3 VI.BenefitsVI-1 A.EligibilityVI-1 B.Health InsuranceVI-1 C.401(k) PlanVI-1 D.YMCA MembershipVI-1 VII.Termination of EmploymentVII-1 A.Voluntary ResignationVII-1 B.Involuntary TerminationVII-1 C.Exit InterviewVII-1 D.References for Future EmploymentVII-1 VIII.Employee Handbook AcknowledgmentVIII-1

18 Sample Table of Contents #2 Employment at Will3 Equal Employment Opportunity Statement3 Sexual Harassment3 Attendance4 Hours of Operation4 Work Schedule4 Paid Holidays4 Paid Vacation5 Sick Leave6 Bereavement Leave7 Unpaid Leaves of Absence8 Disability8 Military Leave and Jury Duty Leave 8 Verifying Vacation and Sick Leave Availability9 Uncompensated and Unauthorized Absences9 Personal Business, Moonlighting and Community Activities10 Pay Procedures11 Overtime11 Pay Advances11 Payroll Deductions12 Garnishments12 Acceptance of Gratuities12 Personal Privacy13 Use of Company Property13 Internet Usage Personnel File15 Notice of Resignation 15 Exit Interviews15 Employment References15 Handbook Definitions16 Acknowledgement Form17 Organizational Chart18

19 Sample Table of Contents #3 Before we start…5 ABOUT THE COMPANY 5 Mission Statement 6 History of the Company7 THE WEBSITES9 THE CENTRALIZED DEPARTMENTS10 Chapter 111 INTRODUCTORY SECTION 11 Introductory Statement12 Statement of At-Will Employment Status12 Integration Clause and the Right to Revise12 Acknowledgment of Receipt13 Equal Employment Opportunity14 Unlawful Harassment15 Promissory Note17 Auto Insurance Required18 Chapter 219 EMPLOYMENT POLICIES &PRACTICES 19 Employee Classifications - Introductory Period 20 Regular Employees20 Exempt Employees20 Non-exempt Employees20 Full time Employees21 Other Employee Classifications21 3/4-Time Employees21 1/2-Time Employees21 Part-Time Employees21 Commissioned Employees22 Commission Guarantee22 Commission Reversal Policy23 Temporary Employees24 Job Duties24 Work Schedules24 Meal and Rest Periods24 Timekeeping Requirements25 Paychecks and Paydays25 Mandatory Meetings / Training / Classes25 Overtime26 Make Up Time26 Advances27 Personnel Records27 Performance Evaluations28 Open-Door Policy28 Employment of Relatives29 Conflicts of Interest29 Recruitment Bonus29 Involuntary Terminations and Progressive Discipline 30 Voluntary Termination30

20 Sample Table of Contents #3 Chapter 331 STANDARD OF CONDUCT31 Prohibited Conduct32 Off-Duty Conflicts of Interest33 Drug and Alcohol Abuse34 Punctuality and Attendance34 Communication Policy35 Dress Code35 Customer Relations36 Confidentiality37 Call Monitoring in Classified Department38 Business Conduct and Ethics39 Chapter 440 OPERATIONAL CONSIDERATIONS40 Employer Property41 Use of Electronic and Communication Media 42 Voice Mail System44 Electronic Equipment45 Company Cell Phone46 Off-Duty Use of Facilities47 Office Supplies47 Building Security47 Workplace Health, Safety and Security48 Smoking Policies48 Housekeeping48 Parking49 Recycling49 Conducting Personal Business49 Employees Who Are Required to Drive50 Mileage reimbursement51 Company Bulletin Boards52 Birthday and Welcome Parties53 Visitors53 Archives53 Chapter 554 EMPLOYEE BENEFITS54 Holidays55 Paid Time Off (PTO)55 Kin Care57 Insurance Benefits58 COBRA59 Leaves of Absence59 Medical Leaves60 Pregnancy Disability Leave60 Family/Medical Leave62 Family Care/Medical Leave and Pregnancy Disability 64

21 Sample Table of Contents #3 Bereavement or Medical Emergency Leave 65 Domestic Violence Leave66 Victims of Crime Leave66 Military Leave67 Jury Duty Or Witness Leave67 Volunteer Firefighters and Peace Officers67 School Activities67 Voluntary Employee Education Training / Classes 67 Recreational Activities and Programs68 Workers' Compensation68 401k69 Day Care and Medical Expense Reimbursement Cafeteria Plan70 Free Subscriptions70 Free Classified Ads71 Graphic Works Discount71 Display Advertising Discount71 Domestic Partner Policy72 Chapter 674 ORIENTATION CHECKLISTS74 Day One Orientation - Housekeeping items 75 Day One Handouts76 Day One Signed Sheets76 Acknowledgement of First Day Eligible for Health Benefits 77 Upon completion of the third calendar month of employment78 Health Plan Acceptance Form79

22 Welcome Letter from Publisher History of the paper and the company Mission Statement

23 Example: Letter from Publisher »WELCOME ! We ’ d like to welcome you as a staff member of (paper). Our newspaper began publication in (year) and has become an integral part of the communities that we serve. We ’ re proud of our publication and the people who work here. We ’ re pleased you have decided to work with us and look forward to a long and satisfying relationship. Sincerely, Publisher

24 Example: Overview This handbook has been prepared to help you learn more about the company ’ s benefits and how they work for you and your family. Our benefits are one way of expressing our appreciation for your contributions to (the company) through your talent and dedication. As a result of your efforts, our company produces news and information services that people need. This makes it possible for us to have the competitive benefits program described in this handbook. Please read it carefully and keep it for future reference.As an employee of (the company) you enjoy a program of valuable benefits that are an important --and often underestimated-- part of your total compensation. One way to look at these benefits is as a “ hidden paycheck ” that provides financial security for you and your family while you ’ re working.

25 History of the Paper Highly recommended Offers context and background for the employees Tells how the company came to be and who the major players were/are Can explain the various other entities the company owns Basic orientation

26 Mission Statement If not previously done in the History section, this is the opportunity to lay out the paper’s core vision of what it means to be an alternative newsweekly in your market.

27 Example: Company Philosophy The company ’ s purpose is to serve (city name) community by adding to its understanding of itself through balanced, informative, and sympathetic reporting that provokes constructive response. The company ’ s purpose is to provide a work environment in which a clear understanding of company and individual goals leads to a creative, cooperative, enthusiastic effort by which those goals are achieved.

28 Example: Company’s Mission Statement To put out great newspapers which are successful and enduring. To have a quality work environment that encourages people to grow professionally while respecting personal welfare. To have a positive impact on our communities; and to make them better places to live.

29 Standards of Conduct Federal and state policies regarding Equal Opportunity Employment & Harassment Sexual Harassment –Defining –Reporting –Investigating –Resolving –Other avenues of resolution Company prohibited Conduct

30 Equal Employment Opportunity & Harassment Example #1 The company provides employment opportunities without regard to race, color, religion, national origin, gender, gender identity, sexual orientation, marital status, ancestry, place of birth, age, or physical or mental condition, or any other basis protected by state or federal law. This policy of equal opportunities applies to all terms and conditions of employment, including but not limited to: recruitment, hiring, training, professional development, promotion, transfer, termination, layoff, recall or rehire, leaves of absence, compensation and benefits, and all other conditions and privileges of employment.

31 Equal Employment Opportunity & Harassment Example #1 cont. Management is primarily responsible for assuring that equal employment opportunity policies are implemented, but all employees are asked to share in that responsibility. In keeping with this goal, unlawful harassment of employees by anyone, including any supervisor, co-worker, vendor, client or customer will not be tolerated. Harassment is a form of discrimination, which consists of unwelcome conduct, whether verbal, physical or visual, that is based upon a person ’ s protected status, such as race, color, religion, national origin, gender, gender identity, sexual orientation, marital status, ancestry, place of birth, age, or disability, or any other basis protected by state or federal law.

32 Equal Employment Opportunity & Harassment Example #1 cont. Any employee determined by the company to be involved in discriminatory or harassing behavior will be subject to disciplinary action, up to and including termination of employment. Employees should report any such instances in accordance with the Sexual Harassment policy below.

33 Equal Employment Opportunity & Harassment Example #2 It is the company’s policy to give equal opportunity to all applicants and employees without regard to the applicants’ or employees’ race, color, national origin, sex, religion, age, mental or physical disability, or veteran status. It is the company’s objective to employ individuals who are qualified for their positions under job-related standards of education, training, experience and other job requirements which are set forth in the position descriptions and specifications. This policy is applicable to all aspects of employment, including but not limited to, hiring, promotion, assignment, training, demotion, discharge and compensation.

34 Equal Employment Opportunity & Harassment Example #3 It is the policy of the company that all employees have a right to work in an environment free from discrimination. The company expects all employees to work toward this goal and does not tolerate harassment by any of its employees, including supervisors, managers, or officers. Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person’s protected status, such as sex, race, color, ancestry, religion, national origin, age, disability, marital status, status with regard to public assistance, sexual orientation, or other status protected by applicable law. We will not tolerate harassing conduct that affects tangible job benefits, interferes unreasonably with an individual’s work performance, or creates an intimidating, hostile, or offensive working environment.

35 Sexual Harassment Policy Example #1 Sexual harassment can occur intentionally or unintentionally. Some examples of conduct that are prohibited by this policy are listed below. Please note that these are not the only examples. If you have a question about whether conduct is permissible under this policy, you should discuss it with your supervisor or the Controller. Examples: 1.Unwelcome sexual flirtations, propositions, or invitations to social events; unwanted sexual compliments. 2.Unwanted or unnecessary touching or physical closeness, such as: a.grabbing, b.cornering, c.kissing, or d.hugging

36 Sexual Harassment Policy Example #1 cont. 3.Using offensive words of a sexual nature to describe body parts or a sexual act; telling suggestive jokes or stories; having conversations about sexual exploits, sexual preferences, or sexual desires 4.Displaying in the workplace sexually suggestive objects, pictures, cartoons, pornographic materials, or representations of any action, subject, or object that is sexual in nature and can be perceived as offensive. 5.Direct and indirect suggestions that an employee’s job security, job assignment, conditions of employment, or opportunities for advancement depend in any way on the granting of sexual favors or relations.

37 Sexual Harassment Policy Example #1 cont. Investigation All complaints of sexual harassment will be examined impartially. If you have a complaint, you should discuss it with your supervisor or the (company’s designated authorized human resources manager). After an investigation of the allegations, the company will determine the final disposition. The investigation may include interviews with the employee making the charges, the accused employee, and any appropriate witnesses. All determinations are made on a case-by-case basis. To the extent practicable, we will keep the complaints and their resolution confidential. The employee making the complaint will be advised of the final disposition of the complaint.

38 Sexual Harassment Policy Example #1 cont. Penalties for Sexual Harassment A violation of this policy may be grounds for immediate discipline, including termination. Sanctions, if any, will be determined on a case-by-case basis after a review of relevant information. How to Get More Information Questions regarding your obligations and those of others under this policy should be directed to the (company’s designated authorized human resources manager).

39 Sexual Harassment Policy Example #2 We will not tolerate any person, including managers, supervisors, employees, clients, or vendors, male or female, sexually harassing an employee. We intend to provide employees with a workplace free from sexual harassment. Sexual harassment includes, but is not limited to, sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment; 2. Reaction to such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

40 Sexual Harassment Policy Example #2 cont. Violations of this policy may result in disciplinary action up to and including discharge. Persons who believe they or any other person(s) have been the subject of sexual harassment should immediately report the matter to their supervisor, or the (company authorized human resouces manager), so that the matter can be investigated and appropriate steps taken. No action will be taken against anyone who complains of sexual harassment unless the accusation is shown to be intentionally false. We will, as much as possible, maintain the confidentiality of such complaints. However, the investigation of such complaints will generally require disclosure on a need-to-know basis.

41 Sexual Harassment Policy Example #3 It is against (the company) policy and illegal under state and federal law, for any employee, male or female, to sexually harass another employee. (The company) is committed to providing a workplace free from this unlawful conduct. It is a violation of this policy for an employee to engage in sexual harassment. What is Sexual Harassment? Sexual harassment is a form of sex discrimination and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

42 Sexual Harassment Policy Example #3 cont. –(1) submission to that conduct is made either explicitly or implicitly a term or condition of employment; –(2) submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or –(3) the conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

43 Sexual Harassment Policy Example #3 cont. Examples of sexual harassment include but are not limited to the following, when such acts or behavior come within one of the above definitions: –Either explicitly or implicitly conditioning any term of employment (e.g., continued employment, wages, evaluation, advancement, assigned duties or shifts) on the provision of sexual favors; –Touching or grabbing a sexual part of an employee's body; –Touching or grabbing any part of an employee's body after that person has indicated, or it is known, that such physical contact was unwelcome; –Continuing to ask an employee to socialize on- or off-duty when that person has indicated s/he is not interested;

44 Sexual Harassment Policy Example #3 cont. –Displaying or transmitting sexually suggestive pictures, objects, cartoons, or posters if it is known or should be known that the behavior is unwelcome; –Continuing to write sexually suggestive notes or letters if it is known that the person does not welcome such behavior; –Referring to or calling a person a sexualized name if it is known that the person does not welcome such behavior; –Regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person if it is known that the person does not welcome such behavior; –Retaliation of any kind for having filed or supported a complaint of sexual harassment (e.g., ostracizing the person, pressuring the person to drop or not support the complaint, adversely altering that person's duties or work environment, etc.);

45 Sexual Harassment Policy Example #3 cont. –Derogatory remarks about or relating to an employee's sex or sexual orientation; –Harassing acts or behavior directed against a person on the basis of his or her sex or sexual orientation; –Off-duty conduct which falls within the above definition and affects the work environment.

46 Sexual Harassment Policy Example #3 cont. What should employees do if they believe they have been harassed? Any employee who believes that she or he has been the target of sexual harassment, or who believes she or he has been subjected to retaliation for having brought or supported a complaint of harassment, is encouraged to directly inform the offending person or persons that such conduct is offensive and must stop. If the employee does not wish to communicate directly with the alleged harasser or harassers, or if direct communication has been ineffective, then the person with the complaint is encouraged to report the situation as soon as possible to her or his supervisor, the general manager, or to one of the owners. It is helpful to an investigation if the employee keeps a diary of events and the names of people who witnessed or were told of the harassment, if possible.

47 Sexual Harassment Policy Example #3 cont. What (the company) will do if it learns of possible sexual harassment In the event that (the company) receives a complaint of sexual harassment, or otherwise has reason to believe that sexual harassment is occurring, it will take all necessary steps to ensure that the matter is promptly investigated and addressed. (The company) is committed, and required by law, to take action if it learns of potential sexual harassment, even if the aggrieved employee does not wish to formally file a complaint. Every supervisor is responsible for promptly responding to, or reporting, any complaint or suspected acts of sexual harassment. Supervisors should report all such complaints or suspected acts to the general manager, or in the event the general manager is involved in the conduct in some manner, one of the owners.

48 Sexual Harassment Policy Example #3 cont. Failure by a supervisor to appropriately report or address such sexual harassment complaints or suspected acts shall be considered to be in violation of this policy. Care will be taken to protect the identity of the person with the complaint and of the accused party or parties, except as may be reasonably necessary to successfully complete the investigation. It shall be a violation of this policy for any employee who learns of the investigation or complaint to take any retaliatory action, which affects the working environment of any person involved in this investigation.

49 Sexual Harassment Policy Example #3 cont. If (the company) finds the allegation of sexual harassment to be credible, (the company) will take appropriate corrective action. The complaining person and the accused person will be informed of the results of the investigation and what actions will be taken to ensure that the harassment will cease and that no retaliation will occur. Any employee, supervisor, or agent who has been found by the employer to have harassed another employee will be subject to sanctions appropriate to the circumstances, ranging from a verbal warning up to and including dismissal.

50 Sexual Harassment Policy Example #3 cont. If the allegation is not found to be credible, the person with the complaint and the accused person shall be so informed, with appropriate instruction provided to each, including the right of the complainant to contact any of the state or federal agencies identified in this policy notice. If the complainant is dissatisfied with (the company) action, or is otherwise interested in doing so, she or he may file a complaint by writing or calling one of the following state or federal agencies: (Your State) Attorney General's Office, 123 Main Street, Anytown, Your State, Equal Employment Opportunity Commission, 123 Main Street, Regional Office, Your State, Complaints must be filed within 300 days of the adverse action.

51 Sexual Harassment Policy Example #3 cont. Either of these agencies can conduct impartial investigations, facilitate conciliation, and if it finds that there is probable cause or reasonable grounds to believe sexual harassment occurred, it may take the case to court. Although employees are encouraged to file their complaint of sexual harassment through (the company) complaint procedure, an employee is not required to do so before filing a charge with these agencies. Where can I get copies of this policy? A copy of this policy will be provided to every employee, and extra copies will be available from management.

52 Prohibited Conduct General list of numerous specifics, but it is not intended to be an all-inclusive listing of behaviors not permitted Separate statement about Drug, Alcohol and Substance Abuse

53 Prohibited Conduct Example #1 The following conduct is prohibited and will not be tolerated by the (the company). This list of prohibited conduct is illustrative only; other types of conduct injurious to security, personal safety, employee welfare and the company’s operations also may be prohibited. 1.Falsification of employment records, employment information or other company records. 2.Recording the work time of another employee or allowing any other employee to record your work time, or allowing falsification of any time card, either your own or another employee's. 3.Theft, deliberate or careless damage or destruction of any company property or the property of any employee or customer.

54 Prohibited Conduct cont. 4.Removing or borrowing company property without prior authorization. 5.Unauthorized use of company equipment, time, materials, or facilities. 6.Provoking a fight or fighting during working hours or on company property. 7.Carrying firearms or any other dangerous weapons on company premises at any time. 8.Engaging in criminal conduct whether or not related to job performance. 9.Causing, creating or participating in a violent disruption of any kind during working hours on company property.

55 Prohibited Conduct cont. 10.Insubordination, including but not limited to failure or refusal to obey the directions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management. 11.Using abusive and offensive language at any time on company premises. 12.Failure to notify a supervisor when unable to report to work. 13.Unreported absence of three (3) consecutive scheduled workdays. 14.Failure to provide a physician's certificate when requested or required to do so. 15.Making or accepting excessive personal telephone calls while at work.

56 Prohibited Conduct cont. 16.Violation of any safety, health, security or company policies, rules or procedures. 17.Committing a fraudulent act or a breach of trust under any circumstances. 18.Unlawful harassment. 19.Conducting business of another employer on premises. This statement of prohibited conduct does not alter the company’s policy of at-will employment. Either you or the company remain free to terminate the employment relationship at any time, with or without reason or advance notice.

57 Drug, Alcohol & Substance Abuse Virtually all papers had a clearly stated policy concerning drug and alcohol use on the job. More rare, some also warned of such behavior, when occurring after hours and off premises, might cause the company to be portrayed in an unfavorable light A couple papers offered possibility of rehab Drug testing may be an option for hiring and retention

58 Drug, Alcohol & Substance Abuse example #1 The following are strictly prohibited by the (the company): 1.Abuse of alcohol while on the job. 2.Driving a company vehicle while under the influence of or being impaired by alcohol. 3.Distribution, sale or purchase of an illegal or controlled substance while on the job. 4.Possession or use of an illegal or controlled substance, or being under the influence of an illegal or controlled substance while on the job. Violation of the above rules and standards of conduct will not be tolerated. The company also may bring the matter to the attention of appropriate law enforcement authorities.

59 Drug, Alcohol & Substance Abuse example #2 Employees may not be under the influence of, or use any alcohol, intoxicant, or narcotic on the way to work or while performing duties for the company. If the company has reason and justification to believe that an employee is using or is under the influence of alcohol, any intoxicant or narcotic, or is unable to perform the duties of his or her job in a safe and productive manner, or if in management's opinion an employee’s presence on the job creates a risk to the safety and well-being of themselves, other employees, the public or to company property, that employee will be suspended from the workplace immediately. Any employee who violates this policy is subject to discipline, up to and including termination.

60 Rehabilitation example #1 The company will encourage and reasonably accommodate employees with chemical dependencies (alcohol or drug) to seek treatment and/or rehabilitation. To this end, employees desiring such assistance should request a treatment or rehabilitation leave. The company is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug or alcohol use. Nor is the company obligated to re-employ any person who has participated in treatment and/or rehabilitation if that person's job performance remains impaired as a result of dependency. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be given a second opportunity to seek treatment and/or rehabilitation. Rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment.

61 Employee Status Non-exempt hourly workers Exempt salaried workers Full time Part time Temporary Independent Contractors

62 Exempt and Non-Exempt Employees Example #1 Exempt Employees–Those employees who perform in an executive, administrative, professional, supervisory or special capacity and are paid a fixed salary. As needed, exempt employees may be required to work more than a 40-hour work week without overtime or compensatory time off. Non-Exempt Employees–Those employees who are required to work a 40-hour work week and are paid on an hourly basis. Non-exempt employees are eligible to receive overtime pay for required work in excess of 40 hours per week, when pre- approved by their supervisor.

63 Exempt and Non-Exempt Employees Example #2 Exempt employees are those employees who are in positions that meet the requirements to be exempt from overtime policies. Exempt employees are paid on a salary basis. Exempt employees will receive their salary for any week in which they perform any work. For purposes of this salary pay policy, a week is Monday 12:01 a.m. through Sunday midnight. An employee will receive his or her full salary for any week in which an employee does any work, subject to the following rules: Salary or PTO may be reduced for complete days of absence due to sick leave, vacations, and personal leave, and incomplete initial and final weeks of work.

64 Exempt and Non-Exempt Employees Example #2 Salary or PTO will not be reduced due to partial weeks of work due to service as a juror, witness, or in the military, or for lack of work. This salary pay policy is intended to comply with the salary pay requirements of the Fair Labor Standards Act and shall be construed in accordance with the Act. Employees are encouraged to direct any questions concerning their salary pay to their supervisor or the Human Resources Manager so that any inadvertent error can be corrected. Non-exempt employees are those who are not exempt from overtime and are paid on an hourly basis.

65 Fair Labor Standards Act Wage and hour laws are very complex with sometimes severe penalties Most states and some municipalities have wage and hour laws more stringent than federal laws. For example: FLSA requires overtime after 40 hours, some states mandate overtime when work is in excess of 8 hours in one day. Where there is any doubt about a particular practice, management should obtain the advice of an attorney practicing in this area of labor law.

66 Full, Part time & Temporary Employees These definitions are used in determining levels of employee benefits. Papers ranged in defining Full time employees as having worked from minimum of 30 hours per week to 40 hours per week. Part time employees ranged in definition from less than 30 hours worked to a minimum of 15 hours. Temporary workers were defined as either working less than 15 hours or on a specific, defined short term basis. As can be expected, there were still exceptions to these broad ranges.

67 Full, Part time & Temporary Employees Example #1 Full-Time Employee: Any employee other than a temporary employee employed by (the company) year-round and who works an average of at least 30 hours per week. Part-Time Employee: Any employee other than a temporary employee employed by (the company) year-round who works less than 30 hours per week. Temporary Employee: Any person employed for the performance of work for a specified project or a specified period of time. Termination or suspension of such employees is at the discretion of the owners. Temporary employees may be full- time or part-time, and will be classified as exempt or non- exempt, as required by law. Temporary employees are not eligible for and do not receive benefits. Any independent contractors, such as circulation drivers, are not considered employees for any purposes.

68 Full, Part time & Temporary Employees Example #2 Full-time Employees: Salaried and hourly compensated employees who work an average of 30 hours or more per week in a quarter are considered full-time employees, and are eligible for health, dental, life and disability insurance, as well as sick pay, vacation time, and profit sharing plan participation. Part-time Employees: Salaried and hourly compensated employees who work an average of at least 18 but less than 30 hours per week in a quarter are considered part-time employees eligible for health, dental and life insurance benefits. All part-time employees, including those who work under 18 hours per week, are eligible for sick pay, vacation time, and profit sharing plan participation.

69 Full, Part time & Temporary Employees Example #2 cont. Quarterly Averaging: Since many of the hourly positions at the (the company) have schedules that may fluctuate from week to week, average hours per week are calculated each calendar quarter. Each hourly employee is notified at the beginning of each quarter of his/her average hours for the prior calendar quarter. This hourly average is used to determine insurance deductions and eligibility, and available vacation time in the current quarter.

70 Probationary Status Most have 90 day initial hiring periods Some use 60 days, longest was 6 months Benefits begin after review (either verbal or written) and the successful conclusion of probationary period

71 Payroll Issues Pay schedules: –Every 2 weeks (26 pay dates/year) –2x a month (24 pay dates/year) –Monthly (12 pay dates/year) Overtime: –40 to 44 hours before Overtime depending upon federal,state and municipal laws –11/2 times regular hourly wage –Full time with prior approval

72 Payroll Issues Standard Deductions –Health insurance –Taxes and FICA –Retirement plans 401k SEP Self Help Credit Unions Medical / Dependent Care / College Savings Plans –(pre-tax dollars)

73 Commissions As a “draw” Paid on “billings” Paid on “collections” When paid: –every pay period –middle of the month –end of the month

74 Paid Time Off Holidays (range from days) Vacations ( days) Sick or Personal Time (0 - 6 days) Bereavement Time (1 - 5 days, open ended) Jury Duty (with pay, with pay less juror’s pay, no pay)

75 Holidays New Year’s Day Martin Luther King’s Birthday President’s Day Mardi Gras Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day after Thanksgiving 1/2 day Christmas Eve Christmas Day Boxer Day Birthday Day or Personal Day

76 Vacations Generally not earned until completion of probationary period. Varies as to whether unused time is paid to employees who are (1) terminated, (2) don’t give adequate notice of resignation. Split 60/40 carry over into next year

77 Vacations Pro rated for part time employees Most based on Anniversary Date rather than Calendar Must fit into paper’s schedule. Requires manager’s approval. 18 variations of this basic policy follow:

78 Different Vacations Policies 1.After one month of service; calendar year, hours per week, max 40 hours/year; hours/week, max of 80 hours/year; 5 years rate 2.31 hours/week, max of 120 hours -- can accrue over the year. 2.After first 6 months, 5 days accrued then every 6 months thereafter. After 4 years, 5 days earned every 4 months; 8 years 5 days every 3 months. May only accrue max of 20 days at a time. Leaving the company, will pay out any unused days. Hourly employees earn.04 hours for each hour worked; 4 years earn at.061 hours, 8 years earn.077 hours.Vacation pay based on avg # of hours worked previous quarter. 3.< 5 years service: 10 days; 5 -9 years: 15 days; 10 or more years: 20 days. Do not request on a 4-day workweek.

79 Different Vacations Policies 4.After 90 days (includes vacation,sick, and other personal time off) 0-1 years earns 24 3 months, another 24 hours #6 months, and another 24 9 months. 1-2 year service earns 120 hours; 2-4 years earns 168 hours; 5+ years earns 208 hours. Employees working less than 40 hours but more than 30 earn earns 24 3 months, another 24 hours #6 months, and another 24 9 months;1-2 years earns 48 hours plus avg hours worked in 1 week times 2; 2-4 years 48 hours plus avg hours worked in 1 week times 3; 5+ years earn 48 hours 48 hours plus avg hours worked in 1 week times 4. Employees working less than 30 hours but more than 15 hours per week, on average earn 0-1 years, 10 hours; 2+ years, 1 times average weekly hours. Commissioned employees, if using up all PTO, then will be have deducted prorated earnings for the days absent form the total earned that week.

80 Different Vacations Policies 5.After 90 days, 3.33 hours/month (max 5 days), On 3rd anniversary accrues at.667 days/month (8 days); 5th anniversary earns.833 days/month (10 days). Can carry over for 6 months past anniversary date, after then no more accrued time off until days are used. Employees who work hours/week accrue time at 50% of the full time rate, after 90 days of employment. 6.Vacation/sick/personal days starting after 90 days, 5 days (must be used within first 9 months) balance in last 3 months. 1-2 years service 10 days; 3 years: 15 days; 4-6 years: 20 days; 7+ years 25 days. Max of 5 days may be carried over to next anniversary year.

81 Different Vacations Policies 7.Employees working 30 hours or more/week, 0-3 years:16 days; 4-7 years: 21 days; 8+ years: 26 days PTO. Employees avg hours/week, 0-3 years: 8 days; 4-7 years: 10.5 days; 8+ years: 13 days. Everyone accrues at rate of 1/12 their PTO each month. Can carry over time up to 6 months into the new year. 8.Earned vacation is computed on an accrued monthly basis: 3.33 hours per month for the first year, 6.67 hours per month for the second through fifth years, 10 hours per month for the sixth through fifteenth years of employment, hours per month for the sixteenth and following years. Can be taken in increments of 1/2 days. At most only 2 days may be carried over, upon approval.

82 Different Vacations Policies 9.Time can be taken after 6 months of service. Must be used in the year it is earned. 1-2 years, 2 weeks, 3-4 years, 3 weeks; 5-10 years, 4 weeks; years, 5 weeks; 15+ years, 6 weeks. Part time employees earn 1-2 years, 4% of earnings; 3-4 years, 6%; 5-10 years, 8%; years, 10% and 15+ years of service earns 12% vacation pay. 10.During first year, 14 days total, 2-4 years, 20 days, 5-9 years, 23 days; after 9 years, 26 days. Accrual Rate Per Pay Period 40 hrs30 hrs20 hrs First year thru thru

83 Different Vacations Policies 11.Permanent/regular full-time employees accrue five days of vacation time upon completion of at least six months of continuous service. 1-5 years, 128 hours or 16 days; 6 or more year, 168 hours or 21 days, may roll a maximum of one week ’ s vacation time into the next year with approval. 12.After 12 months of service, regular employee earns 1-2 years, 10 days; 3 years, 12 days; 4 years, 14 days; 5 years, 16 days; 6 or more years, 18 days. May only carry over the # equal to last year ’ s days. Accrues on anniversary date. Part timers earn on a pro-rated basis vacation days after 6 months, 5 more after 12 months, 5 more after 18 months. Each anniversary another day off until max of 15 days is reached ( 7 years). Cannot be carried over. Former employees, when re-hired must re-start the accrual process.

84 Different Vacations Policies 14.Eligible for 2 weeks of vacation after 12 months of service. After 5 years, 3 weeks. Cannot be carried over. Terminated with cause employee forfeits unused time. Resignation notice less than # of unused days, employee forfeits the difference. 15.Accrues over calendar year, 1-4 years: 2 weeks; 5-10 years: 3 weeks; 10+ years: 4 weeks. Permanent part time employees earn 1 week based upon normal hours worked. Can carry over max of 5 days and must be used by June 1 of the following year. 16.First year employees earn from date of hired: Jan, 10 days; Feb:, 9 days; March, 8 days; April, 7 days; May, 6 days; June, 5 days; July, 4 days; Aug, 3 days; Sept/Oct, 2 days; Nov, 1 day; Dec, 0 days. After 1 year, 2 weeks; after 3 years, 3 weeks; after 7 years, 4 weeks; after 20 years, 5 weeks. Terminated employees forfeit unused time. Voluntary resignations must give 2 weeks notice to receive vacation pay. May not carry over.

85 Different Vacations Policies years of service, 5 days earned at 5/12 of a day each month. 3-4 years, 10 days, earned at 5/6 of a day/month; 5 plus years, 15 days earned at 5/4 days/month. Calendar year. Earned only after completion of the year. Can not carry over. Use it or lose it. 18.After 1 year, 7 days. 2nd year, 12 days (104 hours) earned at 8.67 hours/month. 3 or more years, 15 days (120 hours) earned at 10 hours / month. Calendar year. Cannot be carried forward. Will pay unused time to employees who leave the company. May be taken in increments of 2 hours.

86 Sick or Personal Time Must call in before start of business day Doctor’s notes may be requested Pro rated for part times Be aware that absence requires everyone else in department to adjust their schedules Rather employee stays home than infect colleagues

87 Health Insurance Typical coverage was: –Company paid significant portion of employee’s premiums (2 companies paid 100%) –Employee paid most / all of dependent’s coverage –Plans offered HMO and PPO –Prescription Plans –Dental –Vision

88 Health Insurance Blue Cross was most often listed as plan provider (40%) Some had a mixture of Company Self- Insured plus Insurance provider at set $ values As many explained the benefits in detail as those who left explanation to other materials / persons to do

89 Life / AD&D Insurance Life Insurance ($10,000 - $25,000) –Company or employee paid program Accidental Death & Dismemberment –Company provided

90 Short and Long Term Disability Sometimes not addressed When offered, very similar across the papers Company paid Replaces lost income up to 60% of pay

91 Family Medical Leave Act Applies only to companies of 50 or more Some state laws require more benefits than federal act does The smaller companies offering other programs generally less generous and more restrictive

92 Other Paid Time Off Sabbaticals Educational purposes Usually at the discretion of the Publisher

93 Unpaid Time Off Military Leave -- Active duty, Reserves, National Guard Leave of Absence ( generally equates with a significant amount of time away from the office) Emergency Leave, not covered under any other policy, at the discretion of the Publisher

94 Start of Work Day Hours Open Total hours in a business day Tardy or Late Paid or Unpaid Breaks Lunch Smoking Policies Visitors

95 General Office Dress Code Behavior “Open” office / door policies Ordering supplies Using the phone and voice mail systems After hours

96 Internet Harassment policies apply No IM, chat rooms No downloading No using other employee’s password Strict compliance required

97 Internet Example #1 The company uses various forms of electronic communication including, but not limited to computers, , telephones, voic , fax machines, online services, Internet. All electronic communications, including all software and hardware, remain the sole property of the company and are to be used only for company business and not for personal use. Electronic communication/media may not be used in any manner that would be discriminatory, harassing or obscene, or for any other purpose which is illegal, against company policy or not in the best interest of the company. Employees who misuse electronic communications and engage in defamation, copyright or trademark infringement, misappropriation of trade secrets, discrimination, harassment or related actions will be subject to immediate termination.

98 Internet Example #1 cont. Employees may not install personal software on company computer systems. All electronic information created by any employee using any means of electronic communication is the property of the company and remains the property of the company. Personal passwords may be used for purposes of security, but the use of a personal password does not affect the company’s ownership of the electronic information. The company will override all personal passwords if it becomes necessary to do so for any reason.

99 Internet Example #2 The company is committed to the utilization of new technologies and provides a variety of electronic tools including, but not limited to: telephones, voice mail, computers, facsimile machines, and Internet access. These tools are NOW property paid for by the Company and are intended for business purposes. Usage & Expectations It is the company’s intent to limit the personal usage of phone, e- mail and Internet use to a reasonable and respectful level to ensure the ongoing successful operation of it's business ventures. Excessive personal use of the Company’s communication systems that preempts any business activity or interferes with productivity is prohibited.

100 Internet Example #2 cont. Therefore, it is the Company expectation that when using these tools for personal reasons you keep in mind the type and length of communication and adjust your behaviors accordingly. Also, if a communication is intended to be purely “personal and confidential” and is not a business related message, alternative means of transmission should be considered. Access and Disclosure The Company reserves the right to access and disclose the contents of a user’s electronic and telecommunications when there is a business reason. Determining when such a business reason exists shall be within the Company’s discretion.

101 Internet Example #2 cont. Business reasons to access and disclose these communications may include, but are not limited to, the need to solve technical problems, the prevention of unauthorized disclosure of confidential or proprietary information, reasonable suspicion of personal abuse of the Company’s communication systems, and the review of communications upon the departure of a user. Summary With the cooperation of all company employees, in addition to having access to a high level of electronic communication resources for our business needs, we can continue to enjoy access to these tools on an occasional basis for our personal needs.

102 Similar to internet policies Harassment policies apply No downloading w/o confirmation No using another employee’s account No personal use No right to privacy, company may review without notice

103 Computers Company privacy Only company approved software No expectation of privacy, company may review No attaching other equipment w/o company knowledge, approval

104 Conflict Resolution and Disciplinary Actions Dispute Resolution Verbal warnings Written warnings

105 Conflict Resolution example We recognize that occasionally conflicts arise between co- workers, as well between employees and supervisors. In general, your supervisor should be told of any work-related conflict you have with another employee, or a conflict you have with the supervisor. If a situation arises in which you would rather speak to a third party, you should discuss the situation with the human resources manager.

106 Terminations With Cause Reasons stated for Termination with Cause Final pay does not include severance, At some papers, no pay for unused vacation time (this is unusual and legal advice should be sought before implementing this policy)

107 Termination for Cause example #1 This type of termination is the final step in the disciplinary process. Please refer to the disciplinary policy for specific procedures to follow prior to termination. Pay-in-lieu-of-notice and/or severance pay will not be provided to employees terminated as a result of disciplinary action. Government documentation will state “dismissal” as the reason for termination. Letters of recommendation will not be provided. Complete documentation of this process will be retained in the employee’s personnel file.

108 Termination for Cause example #2 Disciplinary action may be warranted when performance or attendance become unsatisfactory, or when the company’s policies and rules have been violated. The company has established a system of progressive discipline that includes verbal warnings, written warnings and suspension. The system is not formal and the company may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to and including termination of employment. The company’s policy of progressive discipline in no way limits or alters the at-will employment relationship.

109 Terminations Without Cause Company re-organization Reduction in work Notification Vacation and / or Severance Pay Continuation of Benefits COBRA Letters of Recommendation

110 Voluntary Resignation Notification Vacation Pay Continuation of Benefits COBRA/continuation of health insurance Letters of Recommendation

111 Outside Work Prohibited for Competitors Sometimes allowed for Non-competitors Prior Approval Non-Interference with regular work Cause for dismissal if policies violated

112 Required Forms Acknowledgement of receipt, reading and understanding of Handbook Sick, Vacation and other Time off Disciplinary Action Understanding of computer, internet and e- mail policies Pay schedules and time card deadlines Code of Conduct

113 Unique and Recommended Explanation of taxes Description of each department and functions Outline and policies for hiring: from Open Position through first day Orientation 2 Hours for Election Day

114 Unique and Recommended Use of Company Stationery Telecommuting Policy Tuition Reimbursement Employee Assistance Program Credit Union participation Use of Company Vehicles

115 Websites to Assist in Creating Your Handbook Google search for "Employee Handbook” Newspaper Association of America HR information page Thompson's Employee Handbook Builder website SBA Online Women's Center: The Employee handbook website (free service)SBA Online Women's Center: The Employee handbook website The Certified Compliance Employee Handbook website

116 Thank You If you have any additional questions, you can contact Fran Zankowski via at


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