November 2021 Volume 3

OPERATIONS & MANAGEMENT

When Was the Last Time You Looked at Your Employee Handbook? By Johanna Fabrizio Parker

When you read the question in my title, did it make you say something to the effect of “ugh” (or worse)? I get it. So many times, employee handbooks become these almost unwieldy collections of policies that no one can read in one sitting. And despite our best intentions, reviewing or updating handbooks often falls to the very bottom of our lists. I am not a huge fan of the voluminous employee handbook. I like something that is straightforward and easy for everyone -- employees and managers alike -- to understand. So, today, I want to focus on those core policies I like to see in a handbook (and why) in an effort to make your next review easier all around. But before I start, I do have one COVID-related handbook issue for you -- remote work. I suspect that many of you are thinking, or rethinking, whether to allow remote workers going forward. Even those employers who initially said, “no way,” seem to be revisiting the issue, as flexibility appears as the primary concern/request from both applicants and current employees alike. If you are thinking about a remote working arrangement, you still need to make sure that employees understand that working at home is still work and the regular rules apply (and, if you made some allowances during the pandemic -- which was common if not universal -- a reset at this point is especially important). Specific to remote workers, I suggest employers make sure that remote employees know: • They need to be working during working hours (however you set those) and sometimes in-person attendance at the office will be required. • Remote work is not a substitute for foregoing dependent care, in other words, you cannot be the primary caregiver and a remote worker at the same time.

• They need to meet performance expectations, and supervisors need to make sure these are communicated clearly (no “out of sight/out of mind”). • They must maintain and protect the employer’s confidential and proprietary information, whether this is through using only company equipment for work (and not allowing others at home to do so), or some other secured access. • They must have a set and safe working location in their home, and any work injury needs to be reported immediately. • A current agreement for remote work (or even a policy allowing it) is not a guarantee that remote work will always be available; the employer can change its policy and/or the employee’s remote schedule. While the above are directed at remote workers, as I mentioned, certain policies are universal. So, regardless of whether at home or in the office, here’s my Top 10 for general employment policies: 1. Employment at-will statement. This may seem obvious, but you want to have something specific to point to if there is ever some quasi-contract claim or claim of guaranteed employment. 2. Equal Employment Opportunity Policy. Again, this may seem obvious as most EEO policies just repeat what you are required to do under the law, but you want to have something to point to. Plus, in cases where a charge or complaint has been made with the EEOC or comparable state agency, the agency likely will ask to see this specific policy.

FIA MAGAZINE | NOVEMBER 2021 38