This UBA Employer Webinar Series
is brought to you by United Benefit Advisors
in conjunction with Jackson Lewis
For a copy of this presentation, please go to www.UBAbenefits.com. Go to
the Wisdom tab and scroll down to HR Webinar Series and click. Under
Employer Series click the Registration and Presentation link. Click the red
Presentation button to see the slides.
3
Legal Compliance/Protections
Communicate Operational Policies
Policies As A Shield For Company And Not Sword For
Employees
Communicate Corporate Culture
Advise Employees Of Company Expectations
Effective Reference Tool For Employees
4
Disclaimer
Harassment Policies
EEO Policies
FMLA Policy (if Applicable)
Vacation Pay Policy
Sick/Personal Day Policies
5
Wage and Hour Policies
Defend Against Wage And Hour Claims/Audits
Compensable Work Time
Paid vs. Unpaid Lunches
General Policies/Rules
Defend Administrative And Court Claims
6
Rules And Regulations – Help Employees
Manage Their Expectations And Help Managers
Manage Employees
Benefits
Leaves of Absence
Workplace Responsibilities and Conduct
7
Both Handbook Format And Language
Should Be Consistent With Company’s
Culture
Maximize Management Discretion
Avoidance of Promises Is Key
8
Ensure Handbook Is Effective
Reference Tool
If Not, Employees Will Be Unable To
Find Answers To Frequently Asked
Questions
9
1.
Introductory Statements –
Including DISCLAIMER(s)
6.
Benefits (be brief and refer to
SPDs)
2.
Employment At Will
7.
Leaves of Absence
3.
Right To Interpret and Change
Policies
8.
Rules and Regulations
9.
Separation from Employment
10.
Closing Statement
11.
Receipt / Acknowledgments
4.
5.
Preeminent Employment
Policies
Working At The Company –
Day To Day Procedures
10
Welcome Statement
DISCLAIMER – note state law tangents
At-Will Employment
Handbook is Not a Contract
Consider Unionized Employees In Drafting Disclaimer
Handbook Contains guidelines Only
All Policies Subject To Change Company’s Sole Discretion
Official Documents Prevail
11
• Equal Employment Opportunity
•
List Of Protected Classifications –
State Law Considerations
•
Disability Accommodation
•
Religious Accommodation
•
Reporting Complaint Procedure
12
Sexual Harassment
o Define Prohibited Conduct
o Provide Examples
o Set Forth Detailed
Reporting Procedure –
With Options
o All Allegations Will Be
Investigated
o Anti-Retaliation Provision
Non-Harassment
Employee Relations
Workplace Violence
Benefits Disclaimer
Drug Free Workplace
o Additional Details Required
If Testing Policy
Paycheck Corrections
Problem-Solving
Procedure
13
POTENTIAL POLICIES TO INCLUDE:
Hours of Work
Attendance And Punctuality
Overtime – Be Aware Of State Law Considerations
Paycheck Policies
Performance Evaluations/Salary Reviews
Confidential Information
Conflicts of Interest
14
POTENTIAL POLICIES TO INCLUDE:
Code of Conduct
Electronic Communication And Computer Systems
Use Of Company Property
Smoking
Solicitation And Distribution
Telephone Etiquette
Dress Code/Grooming
15
Inspections Of Desks/Offices
Use Of Cellular Phones (texting, etc.) On and Off
Company Premises
Bulletin Boards
Health and Safety
Miscellaneous
16
Disclaimer Language
Time off Benefits
Be Careful Of State Law Issues
Insurance Benefits
Including Workers’ Compensation And Short-Term disability
Ensure That It Is Clear That Plan Descriptions And/Or SPDs
Govern In The Event Of A Conflict
Other Benefits
17
Accrual Poorly Defined
Failure To Create Caps
No Parameters For Use
Forfeiture Rules Not Clear
Lack Of Payout Maximums
18
Always Be Aware Of State Law Considerations
Jury and Witness Duty
Breaks For Nursing Mothers
Bereavement Leave
Military Leave
Medical/Personal Leave
And Most Importantly, If Applicable…
19
Family And Medical Leave
Recommend Inclusion Of Full Policy In
Handbook To Ensure Employees Have Notice
Ensure Policy Is Integrated With Other Leave
And Benefit Policies
Be Aware Of State FML And Pregnancy Leave
Laws
20
Resignation Policy
Exit Interviews (If applicable)
Return Of Company Property
Severance Pay (If applicable)
References
21
General Handbook Receipt
Written Acknowledgment Of At-Will Status And Policies
Are Subject To Change
Consider Unionized Employees
Specific Policy Receipts
Sexual Harassment and Non-Harassment Strongly
Recommended
22
For Maximum Utility:
Provide Employees With A Verbal Summary Of
Major Policies/changes Upon Distribution
Provide Employees With An Opportunity To Ask
Questions
Current Employees
New Hires
23
It Is Vital To Train Supervisors On The Handbook
To Avoid Issues, Company Must Enforce
Provisions As Drafted Unless
Administration/HR/Management committee
provides Different Instructions
Managers Must Refer All Benefits And Leave
Issues To HR
24
Supervisors Fully Put On Notice Of Obligations
Supervisors Develop A Better Understanding Of
Purpose Of Company’s Policies
25
Supervisors Often Make Good
Suggestions About Policy
Modifications
Supervisors Anticipate
Interpretation Issues And Often
Advise Company Of Other
Potential Issues
26
27
“Any violation of the following rules will
be considered just cause for discharge.”
“Where an employee witnesses an
individual unknown to the employee
loitering in or around the parking lot, the
employee should notify a security guard
or a supervisor immediately.”
“Employees are eligible for a weekly
$100 bonus if they meet their production
goal for the week.”
“We have a no-fault attendance policy.
Every time you are absent, you will be
assessed one occurrence regardless of
the reason for your absence. When you
incur nine occurrences, you will be
discharged.”
“The dissemination of confidential
information within the Company, such as
personal or financial information, etc., will
subject the responsible employee to
disciplinary action or possible
termination.”
“We promote from within.”
“Employees should not make statements
to the media on behalf of the Company.
Our Public Relations Coordinator is the
only person authorized to speak on behalf
of the Company.”
“Only the Company President is
authorized to modify the Company’s atwill employment policy or enter into any
agreement contrary to this policy. Any
such modification must be in writing and
signed by the employee and the
President.”
“The Company is required to report to
OSHA all work-related fatalities within
eight hours and all work-related in-patient
hospitalizations, amputations and loss of
an eye within 24 hours. Therefore,
managers should keep HR posted on all
injuries immediately after they occur.”
“At different times throughout your
employment, you may be asked to
provide your personal social media
account password so that we can ensure
you are not violating Company policy.
Refusal to provide the password will
result in termination of employment.”
“Employees may not wear baseball caps
except for the Company’s baseball caps
worn with the bill facing forward.”
“Employees who volunteer for extra
military duties requiring leave will not be
granted a leave of absence.”
“Our employees are our most important
asset. Therefore, as long as you do a
good job, this company will be here for
you.”
“Discourteous or inappropriate attitudes or
behaviors to passengers, other
employees, or members of the public and
disorderly conduct during working hours
are prohibited.”
“Performance reviews will usually be
conducted annually on your anniversary
date of employment.”
“Violation of company policies will be
grounds for discharge.”
“If you have a work-related complaint,
concern, or problem of any kind, it is
essential that you bring it to the attention
of the Center Director immediately or use
the company problem solving procedures
in this handbook.”
“Once employees have completed the
90-day probationary period, they will be
given permanent status.”
“Applicants for employment will be
required to complete a physical
examination.”
“We will not engage in or listen to
negativity or gossip. We will recognize
that listening without acting to stop it is
the same as participating.”
“The Company rounds time on a quarterhour basis. If you clock in at 7:05 a.m.,
your time will be rounded to 7:15 a.m. If
you clock out at 5:05 p.m., your time will
be rounded to 5:00 p.m.”
“Employees must get the permission of
HR before posting any items on the
Company’s bulletin boards.”
“Employees are prohibited from wearing
pins and decals other than their name
badges in immediate patient care and
treatment areas.”
“You must receive advance authorization
before working overtime. We will not pay
for unauthorized overtime hours worked.”
“Employees should not contact or
comment to any media about the
Company unless preauthorized by public
relations.”
“I further agree that the at-will
employment relationship cannot be
amended, modified or altered in any way.”
“Employees are prohibited from soliciting
their co-workers during working hours.”
“Employees are eligible for a medical
leave of absence after one year of
employment.”
“The following disciplinary steps will be
taken in all cases of discipline: verbal
warning, written warning, suspension
and discharge.”
“Your wages are confidential and
employees who are found to have
discussed their wages with their coworkers will be disciplined up to or
including discharge.”
“The Company believes in supporting its
community. We strongly encourage
employees to volunteer for Habitat for
Humanity.”
“Employees who must take military leave
may use accrued vacation time if they
would like to receive pay during leave.”
“Employees may not discuss discipline
and ongoing workplace investigations
with co-workers.”
“Timecards must be turned in every
Monday before payday. Employees who
fail to turn in a timecard on Monday will
not be paid on that payday. They will be
paid on the next regular payday provided
their timecard is submitted.”
“The Company will provide an employee
access to his or her personnel file upon
request.”
“Employees who violate our policy
against insubordination will be
suspended without pay for three days.”
“When computing overtime, we will not
include any shift differentials.”
“If you have a work-related complaint,
concern, or problem of any kind, we
would welcome the opportunity to discuss
it with you and resolve it. If you would like
to do so, please bring it to the attention of
the Center Director or use the company
problem solving procedures in this
handbook.”
“The Company is anti-tobacco.
Therefore, any employee seen using
tobacco products at any time on or off
the Company’s premises will be
terminated.”
“Applicants who have prior felony
convictions will not be hired.”
•
•
•
•
Employees may not post anywhere
in the facility.
Employees may only post on the
bulletin board next to the break
room.
Employees may only post an item for
five days.
Postings may not be larger than 8” x
12”
“Employees who have completed the
introductory period will be allowed time
off to serve on a jury.”
“Employees are prohibited from making
maliciously false statements about the
Company or the employees’ co-workers.”
“The maximum period of time we will
allow for medical leave is 90 days.”
“If the Company goes 90 days without
any employee suffering a work-related
injury, all employees will receive a $100
bonus.”
“The Company prohibits harassment.”
“Employees are required to wear a
Company uniform which is available for
purchase at a discount through our
vendor. The Company will deduct the
cost from your paycheck.”
“Employees who test positive for
marijuana under our drug and alcohol
testing policy will be terminated.”
“Employees are usually provided at least
30 minutes for lunch. However,
sometimes business operations may
result in a lunch period of less than 30
minutes.”
“Thank you for reading our employee
handbook. Please sign the
acknowledgment form on the next page
and return it to HR. Employees refusing
to sign the acknowledgment form will be
terminated.”
78