13 Must-Have Policies for Today’s Workplace (with Tips for Keeping Them Legal)

Presented by
Shanna Wall, Esq.
Compliance Attorney

 Why policies matter
 6 “essential” policies for all employers
 7 “trending” policies for today’s
workforce

Does your company currently have policies
or an employee handbook implemented?

 Employee Expectations
 Set expectations
 Avoid repeated questions
 Ensure all employees are treated equally and fairly

 Legality of Policies
 Maintain compliance both federal and state
 Avoid expensive lawsuits
 Multi-state companies

 Employee expectations for attendance
 Hours of work; start and finish times
 PTO: Paid Time Off
 Vacations, personal days, sick days, etc.
 How it accrues
 Process for requesting time off

 Payday
 Timekeeping
 Breaks
 Overtime approvals
 Improper deductions
 “Safe harbor” policy

 Informs employees of right to be free from workplace
discrimination, harassment and retaliation
 Federal and state-specific protected classes for both EEO
and harassment
 Compliance with federal anti-discrimination laws

What to include in a discrimination/harassment policy:
• Protected classes
• Examples of discrimination/harassment
• Procedure for filing complaint
• Two designated points of contact
• No retaliation
• Zero tolerance
• Disciplinary measures

What to include in an EEO Policy:
• Protected classes
• Examples of prohibited employment-related activities
• Hiring
• Firing
• Promotion, etc.
• Disciplinary measures

 A Rules of Conduct Policy should include:
 Purpose of the policy
 Examples of poor job performance
 Examples of misconduct
 Disciplinary measures that may result from a policy
violation

 ADA – Americans with Disabilities Act
 Compliance with federal laws ADA and ADAAA
 15 or more employees
 Reasonable accommodation

What to include in an ADA Policy:
 Intent to comply with all applicable laws
 ADA definition of “disability”
 Recognition that some individuals may need reasonable
accommodations
 Process for requesting a reasonable accommodation

 What is FMLA
 Family and Medical Leave Act of 1993 is a federal law requiring covered
employers to provide employees job-protected and unpaid leave for
qualified medical and family reasons.
 Employers with 50 or more employees
 Leaves of Absence
 Bereavement leave
 Military leave
 Small necessity
 Check state and local laws

What to include in an FMLA Policy:
 Leave entitlements
 Benefits and protection
 Eligibility requirements
 How to request leave
 Employer responsibilities
 Enforcement

How often do you review and/or
update your policies?

What is currently trending in the
modern workplace?

 Ask yourself:
 What in your business needs to remain confidential?
 What parameters do you want to set?
 What are the consequences for violating this policy?
 Make sure to:
 Give specific examples of confidential material
 List employee’s obligations
 Include any federal or state trade-secret laws that may apply

 Ask yourself:
 Who is eligible for remote work?
 Do you have any limitations on remote work?
 How will you monitor your remote workers?
 Make sure to:
 Comply with any applicable state laws
 Have a specific time & pay policy for remote workers
 Reserve your right to end ability to work remotely

 Ask yourself:
 What personal devices do you allow your employees to use?
 How will you monitor the personal devices?
 What limitations or security features will you require?
 Make sure to:
 Comply with any applicable privacy laws
 Establish procedure for end of employment
 Include risks and liabilities

 Ask yourself:
 Do you need a policy for both business and personal use?
 What guidelines need to be established?
 What about use of social media while at work?
 Make sure to:
 Consider NLRB rules
 List specific confidential information that cannot be shared
 List the disciplinary measures for policy violations

 Ask yourself:
 What types of weather emergencies is your company
susceptible to?
 What procedures do you want in place in case of severe
weather?
 How will you communicate with your employees?
 Make sure to:
 Clearly explain the procedure for employees to follow

 Ask yourself:
• What items will you consider weapons?
• What conduct do you want to prohibit?
• What disciplinary measures do you want in place?
 Make sure to:
• Comply with state and local laws
• Posting requirements
• Privacy laws
• Concealed carry
• List specific examples of prohibited violent conduct

 Ask yourself:
 What substances you want to prohibit?
 What testing procedures you want in place?
 What disciplinary measures you want to take for policy
violations?
 Make sure to:
 Comply with federal, state and local laws
 Consider ADA
 Detail search and testing procedures

How confident are you that your
policies are compliant with both
state and federal laws?

 Be concise
 Use common language
 Avoid absolutes – give your company discretion
 Update frequently
 Check state and local laws
 Include at-will disclaimer* and acknowledgment
 Get attorney approval before implementing

 Essential Workplace Policies
 One-off policies
 Attorney written and approved
 Gradience Handbook Manager
 Handbook Creator
 Attorney-written and-approved policies
 Both federal and state
 Automatic updates
Visit hrdirect.com for more information.

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@ComplyRight
@ComplyRight
ComplyRight,Inc.
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13 Must-Have Policies for Today’s Workplace (with Tips for Keeping Them Legal)

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