DISCLAIMER: THE INFORMATION CONTAINED HEREIN IS SOLEY FOR EDUCATIONAL PURPOSES. IT IS NOT LEGAL ADVICE OR LEGAL AUTHORITY AND IS ONLY THE AUTHOR’S INTERPRETATION OF THE LABOR AND EMPLOYMENT LAW ON THE SPECIFIC ISSUES DISCUSSED.
Updating your employment handbook should be done regularly to ensure that it remains accurate and compliant with any changes in laws, regulations, and company policies. One such important change is that Nebraska no longer allows a “use it or lose it” approach to leave time. Employers can set a maximum leave time value and employees won’t be able to earn additional leave time until there is less than that maximum time in the employee’s leave time bank. Additionally, Nebraska is considering a Paid Sick Leave initiative that will likely appear on the ballot on November 5, 2024. Here are some general guidelines from the labor and employment law attorneys of Adams and Sullivan regarding the content of your employee handbook and the frequency of updates.
- Annual Reviews: Conduct a comprehensive review of your employment handbook at least once a year. This allows you to incorporate any new laws, regulations, or policies that have been implemented over the past year.
- Legal Changes: Update your handbook whenever there are significant changes in employment laws or regulations at the federal, state, or local levels. This could include changes in minimum wage laws, overtime regulations, anti-discrimination laws, etc. The labor and employment attorneys of Adams & Sullivan will proactively counsel its clients whenever new employment law and labor regulations arise.
- Policy Changes: If your company implements new policies or modifies existing ones, ensure that these changes are reflected in the employment handbook promptly.
- Company Changes: If there are significant changes within your company, such as restructuring, mergers, or changes in leadership, review your handbook to ensure that it accurately reflects the current state of the organization.
- Feedback from Employees: Pay attention to feedback from employees regarding the clarity and effectiveness of the handbook.
- Legal Counsel: When you have questions about your human resources practices, need advice about union contract negotiations or administration or require legal representation in grievance, arbitration or court proceedings, you need an experienced attorney who is dedicated to protecting your interests. Seek legal counsel from Adams & Sullivan to ensure that the handbook remains legally compliant with labor and employment issues ranging from human resource policies to compliance with federal, state, and local laws.
- As Needed: In addition to regular reviews, update the handbook as needed to address any issues or concerns that arise.
By regularly reviewing and updating your employment handbook, you can ensure that it remains a valuable resource for both employees and the company, providing clear guidance on expectations, policies, and procedures.
When reviewing your handbook, here are topics to help make an effective employee handbook that provides clarity and guidance to employees about company policies, procedures, and expectations.
- Welcome Message: A brief introduction from company leadership welcoming employees and setting the tone for the handbook.
- Company Overview: Background information about the company, its mission, values, and culture.
- Employment Policies: Clear statements about employment status (full-time, part-time, temporary), at-will employment, equal employment opportunity, anti-discrimination and anti-harassment policies, accommodation procedures, how to apply for leave and other legal obligations.
- Code of Conduct/Ethics: Expectations for employee behavior, professionalism, integrity, and ethical standards. While employers in Nebraska are not required to provide sexual harassment training, the labor and employment attorneys of Adams and Sullivan advise our clients to have all employees participate. As an employer, you may be liable for harassment committed by an employee.
- Employment Classifications: Definitions of different employment classifications, such as exempt vs. non-exempt, and guidelines for determining eligibility for benefits. It is imperative that you appropriately classify your workers. For example, if you misclassify a full-time employee as a contractor, you could owe back pay and face fines as well as other legal issues. Independent contractors are considered self-employed individuals and don’t benefit from Nebraska state employment laws such as minimum wage rates, overtime, leave laws, and other employee protections.
- Work Schedule and Attendance: Policies regarding work hours, attendance, punctuality, breaks, and timekeeping procedures.
- Benefits: Information about benefits eligibility, paid time off (vacation, sick leave, holidays), and any other perks offered by the company.
- Leave Policies: Policies regarding different types of leave, such as parental leave, bereavement leave, jury duty, military leave, disability and FMLA (if applicable).
- Health and Safety (if applicable to the type of work being completed): Workplace safety guidelines, procedures for reporting accidents or injuries, emergency evacuation plans, and any health and wellness programs offered by the company.
- Technology and Data Usage: Guidelines for appropriate use of company technology, internet, email, and social media policies, as well as data privacy and security measures.
- Performance Expectations: Performance standards, evaluation procedures, and disciplinary policies, including consequences for policy violations.
- Training and Development: Opportunities for professional development, training programs, tuition reimbursement, and career advancement within the company.
- Conflict Resolution: Procedures for resolving workplace conflicts, grievances, and disputes, including the role of HR and management in handling complaints if not covered in a collective bargaining agreement.
- Termination and Separation: Policies and procedures for voluntary and involuntary termination, including notice requirements, final paychecks, and exit interviews if not explained in an applicable collective bargaining agreement.
- Acknowledgment Form: A statement indicating that employees have received, read, and understood the handbook, along with a signature line for acknowledgment.
For any questions or suggestions regarding your employment issues or concerns, please contact Adams and Sullivan, and we can assist you in making your company thrive and your company culture stay positive. These goals may be achieved by doing the following:
- Reviewing and drafting employee handbooks
- Providing Human Resource training
- Providing training to employees regarding problematic behaviors that may lead to litigation issues.
- Preparing and negotiating employee and union contracts
Despite all best efforts to create a positive environment, there may be occasions that parties will still be unhappy and seek validation of their claims through many different paths and should that occur, Adams & Sullivan, P.C. is able and ready to help you find a resolution to those challenges, which may include, but is not limited to the following:
- Responding to discrimination and retaliation charges with the EEOC, NEOC & other administrative agencies
- Conducting internal investigations
- Litigating ADA, FMLA, and Title VII claims
