It is important to keep in mind that when you are creating or revising your employee handbooks, employee handbooks are not static documents etched in stone.
Rather, they are living, breathing organisms that, in addition to being created, need to be publicized to your employees, followed consistently, and most importantly, periodically reviewed and updated.
All of that was brought home by a recent announcement by the General Counsel to the National Labor Relations Board. More particularly (although the General Counsel’s guidance in question still is subject to challenge in the courts because he may have overstepped his bounds), employers need to be aware that the General Counsel has issued guidance as to what he thinks is appropriate and inappropriate language for an employee handbook from a labor law viewpoint.
Specifics aside, the important message is that what is permissible or impermissible for an employee handbook may change from day to day, and it is wise for an employer to contact a knowledgeable attorney for current guidance when revising or creating an employee handbook.
But how do you know when it might be time to revisit your handbook? Certainly, when there are changes in the law, you should make sure your policies reflect what is current. For everything else, here are three good questions to ask yourself:
- Did the person who currently administers your employee handbook write it? If not, it is time to revisit your handbook.
- Actually read your employee handbook – does it make sense to you? If there is any part of it that you do not understand, then it is time to revisit your handbook.
- Although I recommend that handbooks be revisited once a year, that course may be too optimistic. At a minimum, if there is any part of it that has not been looked at in three years, it is time to revisit your handbook, or at least update the sections that are past the three year mark.
The Eastern Pennsylvania Employment Log (EPELog) is a publication of the KingSpry Employment Law Practice Group. Jeffrey T. Tucker, Esquire, is our editor-in-chief. EPELog is meant to be informational and does not constitute legal advice.
