Why are employee handbooks important?
Whether you’re running a small business or managing a growing team, your employee handbook is one of the most important tools for protecting your business and creating a productive workplace. In Florida, an at-will employment state, it is especially important to have clear policies and expectations in writing. Employee handbooks set expectations, reduce legal risk, and promote consistency.
What should your handbook include?
- •At-Will Employment Statement: Include a disclaimer at the beginning of the handbook expressly stating that the handbook does not constitute a contract, that the employer can change policies without prior notice, and reiterating the at-will nature of the employment relationship.
- •Equal Employment and Anti–Harassment Policy: Covering Title VII, American with Disabilities Act (ADA), Florida Civil Rights protections. Employers should provide a confidential complaint process to reduce liability.
- •Wage, Hour and Timekeeping: Spell out how your company tracks time, pays employees, handles overtime, and ensures breaks compliant with the Fair Labor Standards Act (FLSA).
- •Time Off and Leave Policies: Be clear about vacation, sick time, holidays and additional types of leave your company offers. Also, outline policies like jury duty, unpaid time off and Family Medical Leave Act (FMLA), if you have 50 or more employees.
- •Workplace Conduct and Discipline: Define professional behavior, dress code, and company’s expectations for communication, teamwork, and accountability. Outline your disciplinary process, while keeping flexibility to address issues on a case-by-case basis.
- •Safety and Drug-Free Workplace: If you operate in a physical or safety-sensitive environment, include a policy that outlines your workplace safety procedures and commitment to a drug and alcohol-free environment. Florida permits drug testing with proper notice and process. Employers may want to consider implementing reasonable suspicion drug testing and adding an interactive disability accommodation process to existing drug testing policies for job applicants or employees who are medical marijuana cardholders.
- •Technology and Confidentiality: Address how company equipment, internet and email may be used and returned upon termination or resignation. Also include a confidentiality statement if your business handles sensitive information.
- •Employee Acknowledgement: Employers should obtain signed acknowledgements from all employees when they receive the handbook and when significant updates are made. Also, consider including directions for how employees can access or obtain copies of the handbook, which can be critical in legal disputes where an employee claims he or she was unaware of certain policies or procedures.
What should not be in your employee handbook?
- •Contracts and other legally binding instruments, including non-compete, non-solicitation and non-disclosure agreements, should be kept separate from the handbook.
- •Arbitration agreements and releases of liability should also be signed and kept separate from the handbook.
- •This helps employers enforce these obligations post-employment and protects the entire handbook from being construed as a contract.
Final Thoughts
- •Laws and workplace norms change quickly, so make sure your handbook is reviewed and updated at least once a year.
- •Make the handbook easy to access and understand for all employees.
- •Employee handbooks are smart business tools to reduce legal risk and give your team the information they need to succeed.
Sarah Bachich and Bruce Loren of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law, employment law, and complex commercial litigation. Mrs. Bachich focuses her practice in employment law. Mr. Loren has achieved the title of “Certified in Construction Law” by the Florida Bar, exemplifying the Bar’s recognition of this expertise. Mr. Loren and Mrs. Bachich can be reached at bloren@lorenkeanlaw.com or sbachich@lorenkeanlaw.com or 561-615-5701.
