This post serves as an introduction and Part I of a new series, “Key Workplace Policies and Employee Handbooks.” Per se, we have already touched on this subject in one or two past posts published on our Blog. Just as in other states, New York has enacted several laws, regulations, and statutes regarding policies that employers should establish, implement, and enforce in their workplaces. However, as the country becomes increasingly litigious, laws and regulations are consistently changing, and, subsequently, the need for employers to adopt the changes so as to remain compliant. This is one of the key primary reasons why we have dedicated this whole series to reviewing current workplace policies and other pertinent issues in the employment arena, such as employee handbooks.
In addition to complying with workplace policies, every employer should, as a best practice, have an employee handbook for their employees. While many organizations, companies, and businesses are founded on some sort of code that dictates and requires employees to conduct themselves in a given manner, most American employees are generally familiar with the employee handbook, which requires them to behave in a specific manner. We also noted that in most cases, an employee handbook acts as a rebuttable presumption through which companies may avoid some liability with their employees. Accordingly, we asserted that a handbook is perceived as a presumption serving to protect the employer.
Popular in many workplaces, an employee handbook is one of the most important documents an employer should have at hand. We added that while it contains the corporate values, rules, and culture of an organization, an employee handbook also creates a presumption in the courtroom that, in case an employee sues you for harassment, discrimination, or retaliation, you could confidently say that, based on the handbook, “we attest to a non-harassment, an anti-discrimination, and a non-retaliation policy.” Importantly, we also asserted that technically speaking, the employee handbook creates a legal presumption for the employer that the working conditions in the workplace reflect and align with what is stated therein. Finally, we said, on a light note, that based on our experience, the lack of an employee handbook is a death sentence for an employer.
With that reflection in mind, let us dive right into the introduction of this series.
Introduction to Key Workplace Policies and Employee Handbooks
As mentioned above, employment laws and regulations in the state of New York require employers to have policies such as anti-discrimination, anti-retaliation, and anti-harassment policies in their workplaces. However, in addition to complying with such laws and regulations, employers should have employee handbooks, through which they can encourage employees to act in specified ways and set employee expectations while in the workplace. In fact, by serving as a legal presumption that employees receive fair and consistent treatment, handbooks also help to minimize the risk of discrimination claims. Most importantly, employers could satisfy legal requirements concerning posting and notice by including notices and policies in handbooks and, finally, circulating them to all employees.
Under this series, we will address various issues and subjects employers should consider and include in employee handbooks. These issues and subjects include at-will employment, benefits & compensation, employee & information privacy, wage & hour, religious & pregnancy accommodations, disabilities, anti-harassment, anti-discrimination, & anti-retaliation, sick leave & PTO (paid time off), and medical & family leave.
Be on the lookout for the next part of this new series and our blog post titled “Sexual Harassment Policy Compliance in Employee Handbooks,” in which we will hammer on New York law says about including anti-harassment and anti-discrimination policies, particularly concerning sexual harassment, in employee handbooks.
As usual, stay tuned for more legal guidance, training, and education, and please don’t hesitate to contact us through our Contact Us page if you have any questions or comments.
Always Rising Above the Bar,
Isaac T.,
Legal Writer, Author, and Publisher.