1. EMPLOYEE HANDBOOK POLICIES Suggestions and Observations 5/24/2012©J. Edward Enoch, P.C. 2012

2. DRAFTING CONSIDERATIONS  Make it “user-friendly” – Organized in cohesive units – Plain language  Make it flexible – Progressive disciplinary policy—leave an out – Do not alter the “at-will” relationship

3. DRAFTING CONSIDERATIONS  Do not make it a supervisor’s manual – If only managers need to know, use a policy and procedure manual – Distribute only to managers  Customize, do not copy – If you don’t know what it means, don’t use it – Internally and externally consistent

4. DRAFTING CONSIDERATIONS  Get signed employee acknowledgments – Keep in their personnel file  Let an employment lawyer look at it

5. “Must Have” Policies  Disclaimers – At will status – Not a contract – Alter or amend at any time  Equal employment opportunity policy

6. “Must Have” Policies  Harassment policy – Not just sexual harassment – Specific reporting procedure – No retaliation  FMLA policy if 50 employees or more – Department of Labor’s Fact Sheet #28 at http://www.dol.gov/whd/regs/compliance/wh dcomp.htm http://www.dol.gov/whd/regs/compliance/wh dcomp.htm

7. “Don’t Have” Policies  Probationary period – Outline the process for new employees without giving a name  Broad time off docking policies – Can threaten exempt status – Know the rules for docking exempt employees

8. “Don’t Have” Policies  Rigid progressive discipline – Always provide an out – Be consistent – Avoid “for cause” language  Any mention of “Permanent” employment – Beware the “feel-good” language

9. “Don’t Have” Policies  “Shall” and “Will” policies – Means every time, forever – “May” is more flexible  Policies without backup – If you will not use it, lose it  Kitchen sink policies – Do not try to include every answer

10. My Favorite Policies  Privacy – Real world – Virtual world  Internet, e-mail, telephone, cell phone – Personal use – Monitoring  Use of company equipment

11. My Favorite Policies  Social media – Take care not to prohibit protected activity under the NLRA  Drug-free work force – Easy to comply – Save 7.5% on Worker’s Comp. – Does not require random testing

12. My Favorite Policies  Leave – PTO – Vacation/sick leave – Bereavement – Jury duty – required by GA law – Extended leave – Military – reference USERRA

13. My Favorite Policies  Wage and overtime – Include statement concerning intent to comply with FLSA – http://www.dol.gov/whd/regs/compliance/fair pay/modelPolicy_PF.htm  Grievance procedure

14. My Favorite Policies  Confidentiality/trade secrets  Termination – Return of company equipment – Notice – Vacation?  Revision date

15. Questions? PowerPoint can be downloaded at www.enochlaw.com