Policies & Procedures

Governance Documents (aka Handbook)

Let’s talk about it. A company’s handbook is basically a formal understanding of the ‘what, why, and how’ at work. It needs to include the federal and state (and local if applicable) laws, plus policies and procedures customized to the organization. It should explain the purpose of the organization, its standards, and how it plans to get there with its employees.

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The framework of the handbook is standardized:

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• Welcome Policy – generally a letter from the CEO or Owner about the organization

• At-Will Employment – explains the rules of engagement, no guarantee of length of employment.

• Ethics Code – a set of principles to guide employees and the business to operate with integrity and fairness

• Mission Statement – a concise declaration of the organizations core purpose and defining what each means

• Revisions to Handbook – statement about updates

• Employment Eligibility Verification (I-9)

• Federal Policies (ex: FLSA, ADA, Title VII of the Civil Rights Act of 1964, FMLA, OSHA, ADEA, EPA, etc.)

• State Policies (ex: Wage & Hour, Workplace Leave, Anti-Discrimination & Harassment, Safety & Workers Compensation, Hiring & Firing, Nursing Mother, etc.)

• Conflicts of Interest

• Employment of Relatives

• Job Descriptions

• Introductory Period

• Job Postings

• Training Programs

• Attendance, Schedules & Payroll

• Business & Travel Expenses

• Disciplinary Process

• Employment Verification

• Conflict Resolution Process

• Pay Raises, Performance Reviews & Training

• Standards of Conflict

• Workforce Reductions or Layoffs

• Use of Company Vehicles, Phones, Computers, etc.

• GPS & Other Monitoring

• Solicitation

• Personal Appearance & Uniforms

• Social Media

• Benefits, Jury Duty & Voting

• Time-Off, Sick, Leave & Military Leave

• Drug, Violence & Alcohol Policies

• NDA, Confidentiality & Trade Secrets

It’s important that every employee reads the company’s handbook and understands their rights. If you have questions or need clarification, ask Human Resources, they write the manual and have the knowledge to explain the federal, state, and local laws.

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How do you know which to follow?

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Let’s talk about it. Human Resource Professionals and Employment Attorneys must navigate and evaluate based on what the situation is. This can get messy and confusing fast, especially if you are a new HR professional. Your opinion and belief need to step aside, and you need to reach out to an employment attorney to assist with the rabbit hole you are about to enter.

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Based on the situation, you need to know who has precedence, federal or state. Some situations cross three different laws, how do you determine which one do you start with or can you do at the same time…it’s a lot.

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Example 1: Hiring manager bypasses the hiring process and standard interview questions. Hires the individual and starts them. No new hire paperwork is completed, no timecard or payroll training completed, no safety training completed, no uniform issues that includes safety equipment mandated to wear, and on day 2 (two) tells the manager he can’t perform the work asked because of a disability (this is not reported to HR) and on day 3 (three), a Thursday, is injured on a worksite and wasn’t sent to Urgent Care. He was told to go home and rest it off and report on Monday. Monday is when payroll is processed. No hours were input, because HR had no record of the employees. Manager forgets about the individual completely, until HR calls them to inquire about a person who is threatening to sue the company.

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Example 2: Employee was found passed out in the stairwell, by a late working employee leaving for the night and called 911, as the female was unresponsive. It was determined by the hospital that she had a high BAC and suffered a seizure. Given the severity of her health condition, she was out on Short Term Disability. During those 8 weeks her behavior became erratic, with her refusing to go to her medical appointments. She did not return at the end of STD, her medical team did confirm that additional treatment was needed, and she was placed on Long Term Disability. She left the area, later determined that she was evicted from her apartment and she still needed medical help. She was having grand mal seizures. An internal investigation determined that her behavior with drinking alcohol at work began about 7 (seven) months earlier, when her manager was sexually harassing her. Long Term Disability, like Short Term Disability requires medical oversight and reports. Company attempted to reach out to emergency contacts on record and to the employee.

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These examples are not simple; the navigation is not clean or clear cut. Example 1 on the surface looks easy, get the paperwork done, pay him and make sure he receives medical treatment for the injury. His disability and the manager bypassing the accommodation request and failure to review the job description, and workers compensation injury which directly impacted his impairment. Example 2 makes is a challenging situation that led to a termination.

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Policies & Procedures

Let’s talk about how important they are. While no one likes to read lengthy policies or procedures, it’s important that you do. You need to know what the process is and why you need to do and what the company needs to do. Relying on a false myth you heard on your favorite TikTok Influencer who doesn’t have a clue what they’re speaking about is just as bad as your cousin who knows it all but doesn’t know anything.

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Anyone in the workforce needs to have a basic understanding of:

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• At-Will employment means, that as employees they don’t need to give an employer notice to resign. However, if your employer allows you to take any unused sick, vacation or paid time off – then it’s best to give notice. Also, consider the industry you are in and balance that out on working out your last weeks. Also, understand if you do give 2+ weeks’ notice, your employer may release you immediately.

• Wage & Hours laws and regulations mean, employees need to know what their employment classification is, are they exempt or nonexempt from overtime, how overtime is calculated, what the pay week is, when payroll is processed, payday, recording of hours, what’s on their pay statement, what can and cannot be legally taken out of their paycheck, and more.

• Attendance Policy, what you need to know on calling out, requesting time off (whether paid or unpaid), and how to accumulate paid time off and how to use it. I’ll include holidays the company pays for or no holidays paid for. It’s important to understand vacation, holidays, and sick days (some states) are not legally mandated – this mean a company is not required to have these.

• Use of Company Vehicles, make sure you understand the license monitoring, GPS monitoring, and drug testing policies associated with driving for an employer. Just because cannabis is legal in your state, doesn’t mean you can drive under the influence of it, just like alcohol

• Code of Conduct, make sure you understand what you will be terminated for, what the company will not tolerate.

• Drug, Violence & Alcohol policies mean at your company. These are important for everyone to understand. These are for everyone’s safety.

Make sure you understand your rights during pregnancy and nursing mothers in your state and company. If your company refuses to accommodate or comply, it's important to contact your state Department of Labor.

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