Have your employee handbooks been collecting dust for years? Or have they been only partially ignored amidst the hustle and bustle of everyday life in the workplace? Given the recent changes in Oklahoma employment law, federal agency regulations and interpretations, and ramped-up enforcement activities by state and federal authorities, now is the perfect time to make sure your employee handbooks are both up-to-date and effective.
So how does your employee handbook measure up? Does it adequately address your company’s specific needs while complying with state and federal law and regulations, or does it expose your business to an increased risk of exposure or liability?
During this one-hour webinar, employment attorneys Charlie Plumb and Sharolyn Whiting-Ralston are joined by special guest Steve Darr, a veteran HR professional and director of human resources for Reasor’s, to discuss what makes for an effective employee handbook … and what doesn’t.
» Watch this webinar
(Originally broadcast October 27, 2011)
» Download webinar presentation materials
Webinar Q&A
The following are answers to some of the most frequently asked questions during the webinar. Please note that these answers are being provided for information of clients and friends of McAfee & Taft and do not provide legal advice and are not intended to create a lawyer-client relationship. In addition, we are not able to provide answers to fact-specific inquiries. Readers should not act upon the information provided below without seeking professional counsel.
Q: When updating a policy in a handbook, do you have to give a certain amount of notice to the employees about the change before it can become effective?
A: Certain statutes may require a specific notice time, but generally it is within the discretion of the employer. For instance, under Oklahoma’s new drug and alcohol testing statute, employers must give at least ten (10) days notice of new policy or a change in the policy. Thirty (30) days is a pretty typical notice period, but you may want to allow more or less time depending on the policy that is being changed. For example, if you are implementing a large-scale change in a vacation policy, you may want to give ninety (90) days, whereas a minor change in the dress code may only require a couple of weeks.
Q: Where can I access a copy of Oklahoma’s new drug and alcohol testing statute which goes into effect November 1?
A: The new drug and alcohol testing statute can be found at www.oscn.net under “legal research” and statutes. The statute is Title 40, Sections 551 through 563.
Q: If you have an employee handbook that is signed by both hourly AND salaried persons, can you state that hourly employees get a specified amount of sick, personal or vacation days that is different from that which salaried employees receive?
A: As an employer, you have the discretion to craft your vacation policy as you wish, including differentiating between hourly and salaried individuals.
Q: Our company is currently in the process of updating our handbook and it includes all the specific policies mentioned – drug , EEO, payroll deduction, electronic communications, etc. We will be requiring a signed and dated hard copy acknowledgment from each employee. Will a blanket receipt/read/understand acknowledgment suffice … or do we need separate signed acknowledgments for each of those specific policies mentioned in addition to a general acknowledgment?
A: Certain policies require a separate signed acknowledgement. For instance, you must get a separate acknowledgement for the drug testing policy and payroll deductions. We recommend you also get a separate acknowledgement for the harassment/discrimination policy and the electronic communications policy. For many of the others, an overall acknowledgment will be sufficient.
Q: Can you restrict employees from having copies of documents found in their individual personnel files? Is an employer required to provide their employees with copies of their personnel file upon request or can employer deny this request based on the file being employer`s property?
A: Employee files are the property of the employer, and you can deny such a request. However, we recommend allowing an employee to obtain copies that are provided by you as the employer, and that you keep a record of what you gave the employee.
Q: Would you list the resources mentioned to assist with the crafting examples of employee handbooks?
A: HR peer groups such as SHRM and similar professional organizations are a good source of information and discussion. Internet resources such as HR Hero (www.hrhero.com) are also good sources of information.