STATE & FEDERAL COMPLIANCE REQUIREMENTS. Creating and Maintaining an Employee Handbook 10/19/2012 CREATING & MAINTAINING AN EMPLOYEE HANDBOOK

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1 Creating and Maintaining an Employee Handbook STATE & FEDERAL COMPLIANCE REQUIREMENTS 1

2 EEOC / OCRC EEOC laws apply to employers with AT LEAST 15 EMPLOYEES (20 for ADA) OCRC laws apply to Ohio employers with AT LEAST 4 EMPLOYEES AT-WILL EMPLOYMENT 2

3 Except where that reason is: Any party can terminate the employment relationship, at any time, for any reason, or for no reason. discrimination Discrimination It is illegal for an employer to take any adverse employment action against an employee based on his or her status in a protected class. PROTECTED CLASSES AGE 3

4 PROTECTED CLASSES DISABILITY PROTECTED CLASSES PAY PROTECTED CLASSES GENETICS PROTECTED CLASSES NATONAL ORIGIN 4

5 PROTECTED CLASSES PREGNANCY PROTECTED CLASSES RACE / COLOR PROTECTED CLASSES RELIGION PROTECTED CLASSES SEX XXX 5

6 The EEOC/OCRC are also responsible for: HARASSMENT The EEOC/OCRC are also responsible for: HARASSMENT The EEOC/OCRC are also responsible for: HARASSMENT Quid Pro Quo The EEOC/OCRC are also responsible for: HARASSMENT Quid Pro Quo Hostile Environment 6

7 The EEOC/OCRC are also responsible for: RETALIATON THE UNITED STATES DEPARTMENT OF LABOR THE DEPARTMENT OF LABOR has oversight for: OSHA THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT 7

8 THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT EMPLOYEE BENEFITS & PENSIONS THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT EMPLOYEE BENEFITS & PENSIONS HEALTH INSURANCE THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT EMPLOYEE BENEFITS & PENSIONS HEALTH INSURANCE RETIREMENT THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT EMPLOYEE BENEFITS & PENSIONS HEALTH INSURANCE & RETIREMENT WAGE & HOUR 8

9 THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT EMPLOYEE BENEFITS & PENSIONS HEALTH INSURANCE & RETIREMENT WAGE & HOUR Minimum Wage THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT EMPLOYEE BENEFITS & PENSIONS HEALTH INSURANCE & RETIREMENT WAGE & HOUR Minimum Wage Youth Employment THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT EMPLOYEE BENEFITS & PENSIONS HEALTH INSURANCE & RETIREMENT WAGE & HOUR Minimum Wage Youth Employment Overtime Pay THE DEPARTMENT OF LABOR has oversight for: OSHA FAMILY MEDICAL LEAVE ACT EMPLOYEE BENEFITS & PENSIONS HEALTH INSURANCE & RETIREMENT WAGE & HOUR Minimum Wage Youth Employment Overtime Pay USERRA Uniformed Servicemember s Employment Retention & Retraining Act 9

10 National Labor Relations Board NLRB National Labor Relations Board NLRB Responsible for: Employee Rights to form, join, or assist in labor organization National Labor Relations Board NLRB Responsible for: Protecting Concerted Activity OHIO BUREAU OF WORKERS COMPENSATION 10

11 OHIO DEPARTMENT OF JOBS & FAMILY SERVICES What s an employer to do??? POLICY RECOMMENDATIONS COMPLY WITH POSTING REQUIREMENTS COMPLY WITH POSTING REQUIREMENTS EEOC IT S THE LAW 11

12 COMPLY WITH POSTING REQUIREMENTS EEOC IT S THE LAW DOL - WAGE & HOUR COMPLY WITH POSTING REQUIREMENTS EEOC IT S THE LAW DOL - WAGE & HOUR FMLA COMPLY WITH POSTING REQUIREMENTS EEOC IT S THE LAW DOL - WAGE & HOUR FMLA EPPA COMPLY WITH POSTING REQUIREMENTS EEOC IT S THE LAW DOL - WAGE & HOUR FMLA EPPA LABOR-MANAGEMENT STANDARDS 12

13 COMPLY WITH POSTING REQUIREMENTS EEOC IT S THE LAW DOL - WAGE & HOUR FMLA EPPA LABOR-MANAGEMENT STANDARDS OSHA COMPLY WITH POSTING REQUIREMENTS EEOC IT S THE LAW DOL - WAGE & HOUR FMLA - EPPA LABOR-MANAGEMENT STANDARDS OSHA NLRB on hold! COMPLY WITH POSTING REQUIREMENTS EEOC IT S THE LAW DOL - WAGE & HOUR FMLA - EPPA LABOR-MANAGEMENT STANDARDS OSHA NLRB on hold! OBWC Certificate of Coverage Develop and Maintain an 13

14 Employment Handbooks are a clear and efficient mechanism to communicate employment policies and procedures. Employment Handbooks can play an important role in the orientation process for new employees. Employment Handbooks serve as a valuable employee relations tool for educating an existing workforce and recruiting new employees. Employment Handbooks create a uniform and consistent application, interpretation and enforcement of company policies 14

15 Protect against claims of improper employer conduct. WHAT GOES INSIDE? ESSENTIAL POLICIES WHAT GOES INSIDE? ESSENTIAL POLICIES sssss Clear language at the beginning of the handbook that nothing in it creates a contract of employment. A contract is an agreement entered into voluntarily by two parties or more with the intention of creating a legal obligation, which may have elements in writing or can be made orally. 15

16 IMPLIED CONTRACT The parties behaviors toward each other contain the elements of a contract (Offer, Acceptance, Consideration) with an intent to be bound. IMPLIED CONTRACT The parties behaviors toward each other contain the elements of a contract (Offer, Acceptance, Consideration) with an intent to be bound. RELIANCE + DETRIMENT EXPRESS CONTRACT A contract in WRITING that contains the elements of OFFER, ACCEPTANCE & CONSIDERATION. Nothing in this Handbook is intended to create a contract of employment, express or implied. No one at Company has the authority to enter into contracts of employment except the President. Only written agreements, signed by the President are binding upon the Company. 16

17 WHAT GOES INSIDE? ESSENTIAL POLICIES sssss An express, at-will employment disclaimer. WHAT GOES INSIDE? ESSENTIAL POLICIES sssss WHAT GOES INSIDE? ESSENTIAL POLICIES sssss An at-will employment status means that any party (employer or employee) can terminate the employment relationship at any time for any reason or for no reason. WHAT GOES INSIDE? ESSENTIAL POLICIES sssss 17

18 WHAT GOES INSIDE? ESSENTIAL POLICIES sssss Just Cause is a term used for unemployment and discrimination cases. Translation: GOOD REASON! WHAT GOES INSIDE? ESSENTIAL POLICIES sssss WHAT GOES INSIDE? ESSENTIAL POLICIES sssss Statement that the employer can change policies at any time, without notice. WHAT GOES INSIDE? ESSENTIAL POLICIES sssss Statement that this Handbook supersedes all previous versions. 18

19 WHAT GOES INSIDE? ESSENTIAL POLICIES sssss Statement that the Employer has the right to interpret potentially vague or confusing provisions. WHAT GOES INSIDE? ESSENTIAL POLICIES sssss Equal Opportunity Policy WHAT GOES INSIDE? ESSENTIAL POLICIES sssss EEO POLICY [Company Name] is an equal opportunity employer. All decisions concerning hiring, promotion, wages, benefits and all other privileges, terms and conditions of employment are made without regard to race, creed, color, sex, age, national origin, physical or mental disability, veteran s status or genetic information. WHAT GOES INSIDE? ESSENTIAL POLICIES sssss 19

20 WHAT GOES INSIDE? ESSENTIAL POLICIES sssss Acknowledgment of Receipt and Signature page WHAT GOES INSIDE? ESSENTIAL POLICIES sssss ADR POLICIES OTHER POLICIES INTRODUCTION: 20

21 INTRODUCTION: Mission Statement INTRODUCTION: Mission Statement Core Values INTRODUCTION: Mission Statement Core Values Corporate Vision INTRODUCTION: Mission Statement Core Values Corporate Vision Letter from President or CEO 21

22 BASIC EMPLOYMENT INFORMATION BASIC EMPLOYMENT INFORMATION Employment Categories: Full Time Part Time Temporary* BASIC EMPLOYMENT INFORMATION BASIC EMPLOYMENT INFORMATION Pay Periods Work Hours & Shifts Attendance Timekeeping Breaks & Lunch Dress Code Safety Equipment Problem Solving Work Rules 22

23 BASIC EMPLOYMENT INFORMATION BASIC EMPLOYMENT INFORMATION Discipline Termination Performance Evaluations & Pay Adjustments OVERTIME BASIC EMPLOYMENT INFORMATION BASIC EMPLOYMENT INFORMATION OVERTIME Must be pre-approved OVERTIME Must be pre-approved Advance Notice May Not Be Possible 23

24 BASIC EMPLOYMENT INFORMATION Grievance Mediation Arbitration GENERAL BUSINESS POLICIES GENERAL BUSINESS POLICIES GENERAL BUSINESS POLICIES Open Door Policy Drugs & Alcohol 24

25 GENERAL BUSINESS POLICIES Workplace Violence GENERAL BUSINESS POLICIES PRIVACY GENERAL BUSINESS POLICIES GENERAL BUSINESS POLICIES Emergency Preparedness CONFIDENTIAL INFORMATION TRADE SECRETS 25

26 GENERAL BUSINESS POLICIES INTERNET & ELECTRONIC MAIL GENERAL BUSINESS POLICIES SOCIAL MEDIA GENERAL BUSINESS POLICIES TELEPHONE & CELL PHONE USE GENERAL BUSINESS POLICIES COMPANY EQUIPMENT & PROPERTY 26

27 GENERAL BUSINESS POLICIES GENERAL BUSINESS POLICIES SMOKING TIME AWAY FROM WORK TIME AWAY FROM WORK 27

28 TIME AWAY FROM WORK TIME AWAY FROM WORK Vacation time Vacation time Sick Time TIME AWAY FROM WORK Vacation time Sick Time Personal Days TIME AWAY FROM WORK Vacation time Sick Time Personal Days PTO 28

29 UNPAID TIME OFF HOLIDAYS JURY DUTY COURT APPEARANCES LEAVE OF ABSENCE 29

30 MILITARY LEAVE FMLA WORKERS COMPENSATION POLICY IMPLEMENTATION 30

31 POLICY IMPLEMENTATION INSTITUTE & FOLLOW system of PROGRESSIVE DISCIPLINE POLICY IMPLEMENTATION INSTITUTE & FOLLOW system of PROGRESSIVE DISCIPLINE MAINTAIN ACCURATE RECORDS POLICY IMPLEMENTATION INSTITUTE & FOLLOW system of PROGRESSIVE DISCIPLINE MAINTAIN ACCURATE RECORDS SHOOT NOW asks questions later! 31

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