Regardless of size, every business or nonprofit with employees needs to have certain policies in place, whether you’re hiring your first employee or you’re dusting off an old employee handbook that desperately needs updating.
Alcohol, Drugs, and Other Contraband in the Workplace: Because you can be liable for your employees’ bad behavior on the job, your policies should address the use of legal and illegal drugs and alcohol in the workplace. Consider how an employee’s impairment might affect their ability to safely perform their duties and responsibilities.
Anti-Harassment and Non-Discrimination: Identify the types of behavior that may constitute harassment or discrimination and remind employees that this type of behavior is not permitted.
Confidentiality: If you have confidential business information, have your employees sign a confidentiality agreement.
Data Security and Privacy: As data breaches become increasingly common, it’s critical to keep company data safe. This policy should not only address keeping company devices secure, but also the use of personal devices and email accounts to perform work.
Disciplinary Action: How and when does your organization conduct performance reviews? What happens if an employee violates your company’s policies?
Email, Internet, and Social Media: Address the use of company email for personal reasons or on personal devices, how employees might use (or misuse) the internet while browsing during work time, and to what extent your organization might monitor what an employee does on social media. These policies need to balance business needs (i.e., data security and consumer privacy) with your employees’ privacy rights.
Employment-at-Will: Your employment policies or handbook should consistently emphasize that employment with your organization is “at-will.” This simply means that either the organization or the employee can terminate the employment relationship at any time. Be careful about statements in your employee handbook that suggest the handbook is a binding contract or agreement because this negates the idea of at-will employment.
Employment Classifications: Are your employees full-time or part-time (which may determine which employment laws and benefits are applicable)? Exempt or non-exempt (which determines whether an employee is entitled to overtime)?
Time and Attendance: How does your business track hours worked? The burden of keeping accurate records is on the employer, and it is all too easy for a disgruntled former employee to claim unpaid wages and/or overtime. Also, let employees know what is expected of them regarding attendance and punctuality, who to contact if they cannot make it to work, and how your organization handles various types of time-off or leave.
Work From Home (Telecommuting): Any work from home policy needs to address accurate timekeeping for hours worked, productivity requirements, information security (especially if your employees might have confidential information lying around at home), appearance expectations if your employees are using web-conferencing, etc.
Workplace Safety: Address potential safety concerns up front. Remind employees that work-related injuries should be reported immediately. And consider whether your business is subject to any specific industry requirements related to workplace safety.
Please reach out to my office if you have any questions or need any assistance creating your policies.
