Employee Handbooks: What Should Be Covered
Employment law can be a complicated maze for any small business or HR department. The Federal government has a set of employment standards that apply across the United States. In addition, there are various laws and so various employee handbook requirements by state.
The terms of an employee handbook are binding upon the employer. An employee is entitled to rely upon the handbook in much the same way as they would be entitled to rely upon the terms of a written contract.
Any handbook must be drafted with scrupulous attention to the law and with the care given to drafting a contract. Many employers overlook these details and can land in serious trouble as a result.
Fortunately, you don’t have to work through the mystery of what an employee handbook should contain by yourself. A good employment attorney Utah can assist you with all your needs, and you should contact one for a consultation.
Commonly Unaddressed Details in Employee Handbooks
Most HR Departments have a fair grasp of the Federal employment, labor and safety regulations relevant to their firms’ lines of work. Because each state can also have its own requirements, some of the more obscure state provisions are often overlooked. These laws are equally valid, though, and a firm can be fined or even closed on a short or long-term basis for violations.
Issues overlooked in handbooks could include matters like service in the National Guard, court attendance as a juror or witness, outside employment restrictions, or even leave of absence for voting.
What Employee Handbooks Should Cover
Employee handbook contents should be compared carefully to the requirements of state law. In Utah, there are as many as twelve specific policies that must be included in employee handbooks based on the size and nature of the business.
Utah has specific laws related to overtime pay, sleeping and waiting time, bereavement leave, voting leave, and several other laws relating to sick time and vacation time. Any employee handbook should be reviewed to ensure that it conforms to state law.
The United States and Utah in particular, have very strict laws related to time off and job protection for employees who are members of the Armed Forces. Reserve components of the military and National Guard units are a key element of the American defense structure, and so employees are protected from termination and retaliation for taking time off to participate when called to duty or when on the drill.
What is sometimes overlooked is that the employee also needs to have time off to travel to and from the drill and adequate sleep time. Employers in other states have sometimes managed to land in trouble by neglecting these regulations.
As gender issues become a serious aspect of dealing with, an employee handbook, especially for federal employees — equal employment and anti-discrimination policy is a must-have.
Employee handbooks should not only serve as a guide to employees, but they must also serve as protection that values workers.
How a Utah Employment Lawyer Can Help
An experienced Utah employment law firm like Howard Lewis & Petersen can help employers avoid difficulties with the Utah Department of Labor, or the Federal regulatory bodies, in many different ways. We are well-versed and up-to-date on the state and federal requirements placed upon employers, and can guide you in the preparation of an employee handbook that complies with both state and Federal law.
If you already have an employee handbook, we can review your existing terms, to make certain that they comply with the law as it currently stands. Many handbooks which were perfectly fine and legal when written are now out of date owing to legal changes over time.
If you are coming from another state to open a branch of your business, we can work with you to make sure that your local employee handbook complies with the law.
In all cases, we can ensure you are compliant with the law of Utah so that you can spend your energy focusing on your business.
