1. Drafting Employee Handbooks for Virginia Employers Raymond L. Hogge, Jr. Hogge Law Attorneys and Counselors at Law 500 E. Plume Street Norfolk, Virginia 23510 (757) 961-5400 www.VirginiaLaborLaw.com

2. Drafting Employee Handbooks for Virginia Employers The following is provided solely for informational purposes and is not offered as legal advice. This presentation may be distributed freely for educational purposes. This presentation may be downloaded at VirginiaLaborLaw.com. For assistance in drafting employee handbooks please contact Ray Hogge at (757) 961-5400.

3. Drafting Employee Handbooks for Virginia Employers Role of the Employee Handbook Policy Development Policy Communication Employment Risk Management Recruiting and Retention Union Deterrence

4. Drafting Employee Handbooks for Virginia Employers General Provisions Introductory Statement Handbook is FYI All employees must comply with policies

5. Drafting Employee Handbooks for Virginia Employers General Provisions Company History

6. Drafting Employee Handbooks for Virginia Employers General Provisions Company Mission Statement

7. Drafting Employee Handbooks for Virginia Employers General Provisions Contract Disclaimer Handbook is not a contract

8. General Provisions Employee Benefit Plans Handbook not an employee benefit plan Written employee benefit plans control Drafting Employee Handbooks for Virginia Employers

9. General Provisions Employment At Will All employment is at-will No policy alters at-will employment Drafting Employee Handbooks for Virginia Employers

10. General Provisions Company Right to Change Policies Company has right to revise, add or rescind policies Employees will be notified of changes Drafting Employee Handbooks for Virginia Employers

11. Equal Employment Opportunity Non-Discrimination Race, Color, Religion, Sex, National Origin Title VII of Civil Rights Act of 1964 (15 employees) Virginia Human Rights Act Most government contracts and grants Some Virginia local governments Drafting Employee Handbooks for Virginia Employers

12. Equal Employment Opportunity Non-Discrimination Pregnancy, Childbirth or Related Medical Conditions Pregnancy Discrimination Act, in Title VII of Civil Rights Act of 1964 (15 employees) Virginia Human Rights Act Most government contracts and grants Some Virginia local governments Drafting Employee Handbooks for Virginia Employers

13. Equal Employment Opportunity Non-Discrimination Marital Status Virginia Human Rights Act Drafting Employee Handbooks for Virginia Employers

14. Equal Employment Opportunity Non-Discrimination Age (40) Age Discrimination in Employment Act (20 employees) Virginia Human Rights Act Most government contracts and grants Some Virginia local governments Drafting Employee Handbooks for Virginia Employers

15. Equal Employment Opportunity Non-Discrimination Disability Americans with Disabilities Act (15 employees) Virginia Human Rights Act Most government contracts and grants Some Virginia local governments Drafting Employee Handbooks for Virginia Employers

16. Equal Employment Opportunity Non-Discrimination Military / Veteran USERRA Most government contracts and grants Drafting Employee Handbooks for Virginia Employers

17. Equal Employment Opportunity Non-Discrimination Sexual Orientation Not prohibited generally by federal law Not prohibited generally by state law Most government contracts and grants Some Virginia local governments Drafting Employee Handbooks for Virginia Employers

18. Equal Employment Opportunity Disability Accommodation Drafting Employee Handbooks for Virginia Employers

19. Equal Employment Opportunity Religious Accommodation Drafting Employee Handbooks for Virginia Employers

20. Equal Employment Opportunity Harassment Sexual Harassment Other Harassment Drafting Employee Handbooks for Virginia Employers

21. Equal Employment Opportunity Retaliation Drafting Employee Handbooks for Virginia Employers

22. Equal Employment Opportunity Reporting Discrimination, Harassment, and Retaliation Victim Observer Drafting Employee Handbooks for Virginia Employers

23. Equal Employment Opportunity Investigating Reports of Discrimination, Harassment, and Retaliation Drafting Employee Handbooks for Virginia Employers

24. Equal Employment Opportunity Affirmative Action Affirmative action plan Nor required generally Required for some government contractors Specific actions required Drafting Employee Handbooks for Virginia Employers

25. Equal Employment Opportunity Diversity Not the same as affirmative action Drafting Employee Handbooks for Virginia Employers

26. Equal Employment Opportunity Consequences of Violating EEO Policies Drafting Employee Handbooks for Virginia Employers

27. Recruiting and Hiring General Statement of Policy Hiring Based on Qualifications EEO Drafting Employee Handbooks for Virginia Employers

28. Recruiting and Hiring Job Announcements Internal External Drafting Employee Handbooks for Virginia Employers

29. Recruiting and Hiring Qualification Standards Written Job Descriptions Drafting Employee Handbooks for Virginia Employers

30. Recruiting and Hiring Hiring Process (ADA) Employment Application Pre-Employment Inquiries Conditional Offer of Employment Medical Exams and Inquiries Active Employment Drafting Employee Handbooks for Virginia Employers

31. Recruiting and Hiring Employment Applications Drafting Employee Handbooks for Virginia Employers

32. Recruiting and Hiring Pre-Employment Drug Testing Drafting Employee Handbooks for Virginia Employers

33. Recruiting and Hiring Pre-Employment Medical Certifications Drafting Employee Handbooks for Virginia Employers

34. Recruiting and Hiring Background Checks Criminal Credit Drafting Employee Handbooks for Virginia Employers

35. Recruiting and Hiring Reference Checks Drafting Employee Handbooks for Virginia Employers

36. Recruiting and Hiring Immigration Law Compliance / I-9 Drafting Employee Handbooks for Virginia Employers

37. Recruiting and Hiring Employment of Relatives Drafting Employee Handbooks for Virginia Employers

38. Standards of Conduct General Standards of Employee Conduct Examples of Prohibited Conduct Drafting Employee Handbooks for Virginia Employers

39. Standards of Conduct Company Reputation Drafting Employee Handbooks for Virginia Employers

40. Standards of Conduct Attendance and Punctuality Drafting Employee Handbooks for Virginia Employers

41. Standards of Conduct Personal Appearance and Dress Code Drafting Employee Handbooks for Virginia Employers

42. Standards of Conduct Workplace Appearance and Cleanliness Drafting Employee Handbooks for Virginia Employers

43. Standards of Conduct Workplace Violence Drafting Employee Handbooks for Virginia Employers

44. Standards of Conduct Food and Beverages Drafting Employee Handbooks for Virginia Employers

45. Standards of Conduct Smoking Drafting Employee Handbooks for Virginia Employers

46. Standards of Conduct Employee Break Room Drafting Employee Handbooks for Virginia Employers

47. Standards of Conduct Employee Parking Drafting Employee Handbooks for Virginia Employers

48. Standards of Conduct Use of Company Property Drafting Employee Handbooks for Virginia Employers

49. Standards of Conduct Company Computers and E-Mail Drafting Employee Handbooks for Virginia Employers

50. Standards of Conduct Social Media Drafting Employee Handbooks for Virginia Employers

51. Standards of Conduct Dating Among Employees Drafting Employee Handbooks for Virginia Employers

52. Standards of Conduct Solicitations and Distributions Drafting Employee Handbooks for Virginia Employers

53. Standards of Conduct Confidentiality Drafting Employee Handbooks for Virginia Employers

54. Standards of Conduct Conflicts of Interest Drafting Employee Handbooks for Virginia Employers

55. Standards of Conduct Outside Employment Drafting Employee Handbooks for Virginia Employers

56. Employee Relations New Employee Orientation Drafting Employee Handbooks for Virginia Employers

57. Employee Relations Initial Probationary Period Drafting Employee Handbooks for Virginia Employers

58. Employee Relations Performance Evaluations Drafting Employee Handbooks for Virginia Employers

59. Employee Relations Performance Improvement Plans Drafting Employee Handbooks for Virginia Employers

60. Employee Relations Bulletin Boards Drafting Employee Handbooks for Virginia Employers

61. Employee Relations Disciplinary Actions Progressive Discipline Drafting Employee Handbooks for Virginia Employers

62. Employee Relations Termination of Employment Drafting Employee Handbooks for Virginia Employers

63. Employee Relations Resignation Drafting Employee Handbooks for Virginia Employers

64. Employee Relations Job Abandonment Drafting Employee Handbooks for Virginia Employers

65. Employee Relations Layoff and Recall Drafting Employee Handbooks for Virginia Employers

66. Employee Relations Reductions in Force (WARN Act) Drafting Employee Handbooks for Virginia Employers

67. Employee Relations Employee Suggestions Drafting Employee Handbooks for Virginia Employers

68. Employee Relations Employee Complaints Drafting Employee Handbooks for Virginia Employers

69. Employee Relations Grievance Procedure Drafting Employee Handbooks for Virginia Employers

70. Employee Relations Open Door Policy Drafting Employee Handbooks for Virginia Employers

71. Employee Relations Whistleblower Protection Drafting Employee Handbooks for Virginia Employers

72. Employee Relations Employee Recognition Drafting Employee Handbooks for Virginia Employers

73. Employee Relations Workplace Privacy Drafting Employee Handbooks for Virginia Employers

74. Employee Relations Employment Records Personnel Files Medical Files I-9 Files Employee Inspection of Employment Records Drafting Employee Handbooks for Virginia Employers

75. Workplace Safety and Health General Policy of Workplace Safety and Health Drafting Employee Handbooks for Virginia Employers

76. Workplace Safety and Health OSHA Compliance Drafting Employee Handbooks for Virginia Employers

77. Workplace Safety and Health Safety and Health Program Drafting Employee Handbooks for Virginia Employers

78. Workplace Safety and Health Safety Inspections Drafting Employee Handbooks for Virginia Employers

79. Workplace Safety and Health Workplace Searches Drafting Employee Handbooks for Virginia Employers

80. Workplace Safety and Health Workplace Violence Drafting Employee Handbooks for Virginia Employers

81. Workplace Safety and Health Drug and Alcohol Testing Drafting Employee Handbooks for Virginia Employers

82. Workplace Safety and Health Substance Abuse Drafting Employee Handbooks for Virginia Employers

83. Workplace Safety and Health Fire Safety Drafting Employee Handbooks for Virginia Employers

84. Workplace Safety and Health Smoke-Free Workplace Drafting Employee Handbooks for Virginia Employers

85. Workplace Safety and Health Motor Vehicles Drafting Employee Handbooks for Virginia Employers

86. Workplace Safety and Health Bad Weather Drafting Employee Handbooks for Virginia Employers

87. Workplace Safety and Health Workplace Accidents and Injuries Drafting Employee Handbooks for Virginia Employers

88. Workplace Safety and Health Employee Assistance Program Drafting Employee Handbooks for Virginia Employers

89. Workplace Safety and Health {INDUSTRY-SPECIFIC POLICIES} Drafting Employee Handbooks for Virginia Employers

90. Workplace Safety and Health {Hazard Communication} Drafting Employee Handbooks for Virginia Employers

91. Workplace Safety and Health {Bloodborne Pathogens} Drafting Employee Handbooks for Virginia Employers

92. Workplace Safety and Health {Communicable Diseases} Drafting Employee Handbooks for Virginia Employers

93. Workplace Safety and Health {Eye Protection} Drafting Employee Handbooks for Virginia Employers

94. Workplace Safety and Health {Fall Protection} Drafting Employee Handbooks for Virginia Employers

95. Workplace Safety and Health {Lock-Out / Tag-Out} Drafting Employee Handbooks for Virginia Employers

96. Workplace Safety and Health {Ergonomics} Drafting Employee Handbooks for Virginia Employers

97. Wages and Hours General Policy on Wages and Hours Comply with Fair Labor Standards Act and all other applicable laws Drafting Employee Handbooks for Virginia Employers

98. Wages and Hours Employee Classifications Full Time, Part Time, Temporary Hourly, Salaried FLSA Exempt, FLSA Non-Exempt Drafting Employee Handbooks for Virginia Employers

99. Wages and Hours Work Schedules Drafting Employee Handbooks for Virginia Employers

100. Wages and Hours Recording and Reporting Hours Worked Drafting Employee Handbooks for Virginia Employers

101. Wages and Hours Overtime Drafting Employee Handbooks for Virginia Employers

102. Wages and Hours Rest and Meal Breaks Drafting Employee Handbooks for Virginia Employers

103. Wages and Hours Travel Time Drafting Employee Handbooks for Virginia Employers

104. Wages and Hours On-Call Time Drafting Employee Handbooks for Virginia Employers

105. Wages and Hours Training and Education Time Drafting Employee Handbooks for Virginia Employers

106. Wages and Hours Shift Differentials Drafting Employee Handbooks for Virginia Employers

107. Wages and Hours Flex Time Drafting Employee Handbooks for Virginia Employers

108. Wages and Hours Compensatory Time (Public Sector Only) Drafting Employee Handbooks for Virginia Employers

109. Wages and Hours Correction of Wage Payments Drafting Employee Handbooks for Virginia Employers

110. Wages and Hours Correction of Deductions from Exempt Employee Salary (FLSA Safe Harbor) Drafting Employee Handbooks for Virginia Employers

111. Wages and Hours Payment of Wages Drafting Employee Handbooks for Virginia Employers

112. Wages and Hours Payroll Deductions Drafting Employee Handbooks for Virginia Employers

113. Wages and Hours Bonuses Drafting Employee Handbooks for Virginia Employers

114. Wages and Hours Wage Advances Drafting Employee Handbooks for Virginia Employers

115. Wages and Hours Business Expenses Drafting Employee Handbooks for Virginia Employers

116. Employee Leave General Policy on Employee Leave Types of Leave Eligibility for Leave Leave Year Carry-Over Termination of Employment Drafting Employee Handbooks for Virginia Employers

117. Employee Leave Holidays Drafting Employee Handbooks for Virginia Employers

118. Employee Leave Paid Time Off Drafting Employee Handbooks for Virginia Employers

119. Employee Leave Vacation Drafting Employee Handbooks for Virginia Employers

120. Employee Leave Sick Leave Drafting Employee Handbooks for Virginia Employers

121. Employee Leave Family and Medical Leave Act (FMLA) Leave (50 employees) Drafting Employee Handbooks for Virginia Employers

122. Employee Leave Non-FMLA Family Leave Drafting Employee Handbooks for Virginia Employers

123. Employee Leave Pregnancy Leave Not less generous that leave for short-term disability Drafting Employee Handbooks for Virginia Employers

124. Employee Leave Maternity / Paternity Leave Drafting Employee Handbooks for Virginia Employers

125. Employee Leave Short-Term Disability Leave Drafting Employee Handbooks for Virginia Employers

126. Employee Leave Military Leave (USERRA) Drafting Employee Handbooks for Virginia Employers

127. Employee Leave Bereavement Leave Drafting Employee Handbooks for Virginia Employers

128. Employee Leave Jury Duty and Appearance as Witness Drafting Employee Handbooks for Virginia Employers

129. Employee Benefits General Policy on Employee Benefits Overview of Employee Benefits Handbook Not a Plan Plan Controls Over Handbook Drafting Employee Handbooks for Virginia Employers

130. Employee Benefits Group Health Insurance Drafting Employee Handbooks for Virginia Employers

131. Employee Benefits Dental Insurance Drafting Employee Handbooks for Virginia Employers

132. Employee Benefits Flexible Spending Accounts Drafting Employee Handbooks for Virginia Employers

133. Employee Benefits Workers’ Compensation Drafting Employee Handbooks for Virginia Employers

134. Employee Benefits Disability Insurance Short-Term Long-Term Drafting Employee Handbooks for Virginia Employers

135. Employee Benefits 401(k) Plan Drafting Employee Handbooks for Virginia Employers

136. Employee Benefits Tuition Reimbursement Drafting Employee Handbooks for Virginia Employers

137. Employee Benefits COBRA Compliance Drafting Employee Handbooks for Virginia Employers

138. Employee Benefits HIPPA Compliance Drafting Employee Handbooks for Virginia Employers

139. Employee Handbook Acknowledgment Received, will read Required to comply with policies Not a contract Employment at will Will ask if have questions Drafting Employee Handbooks for Virginia Employers