create your own employee handbook a legal and practical guide 2nd (2005)

2nd edition Create Your Own Employee Handbook A Legal and Practical Guide by Attorneys Lisa Guerin & Amy DelPo SECOND EDITION MAY 2005 Editor STEPHANIE BORNSTEIN Cover Design SUSAN PUTNEY Book Design TERRI HEARSH Proofreading JOE SADUSKY CD ROM Preparation ANDRÉ ZIVKOVICH Index THÉRÈSE SHERE Printing DELTA PRINTING SOLUTIONS, INC Guerin, Lisa 1964Create your own employee handbook : a legal and practical guide/ by Lisa Guerin & Amy DelPo. 2nd ed p cm Accompanied by a CD-ROM ISBN 1-4133-0186-X Employee orientation Employees Training of I DelPo, Amy, 1967- II Title HF5549.5.I53G84 2005 658.3'01 dc22 2005040692 Copyright © 2005 by Nolo ALL RIGHTS RESERVED PRINTED IN THE USA No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission Reproduction prohibitions not apply to the forms contained in this product when reproduced for personal use Quantity sales: For information on bulk purchases or corporate premium sales, please contact the Special Sales Department For academic sales or textbook adoptions, ask for Academic Sales Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, CA 94710 Acknowledgments The authors would like to thank the following people who helped to make this book possible: • Our editor on the first edition, Ilona Bray, whose good humor and easy nature made the editing process fun—and whose words and insights never failed to improve upon what we gave her • Our editor on the second edition, Stephanie Bornstein, whose eye for detail and consistency helped us immeasurably • Albin Renauer for his wonderful design ideas—and his ability to think “inside the box”! • Mary Randolph, for helping us mold and formulate our vision of this book • Nolo jack-of-all-trades Stan Jacobson, who tirelessly haunted libraries throughout the Bay Area to meet our research needs • Ella Hirst, for her years of hard work on the 50-state charts that appear in this book; and Ray Bernstein, for graciously picking up where Ella left off • Andre Zivkovich and Jenya Chernoff, who managed to take our printed pages and turn them into a CD-ROM that people could use on their computers • Terri Hearsh, for working with us on a wonderful book design, and • Joe Sadusky for his meticulous proofing In addition, Amy would like to dedicate her work on this book to her daughter, Sophia, whose early birth delayed the first edition of this book by almost half a year She is everything and more About the Authors Lisa Guerin worked for Nolo as a research and editorial assistant during her years as a law student at Boalt Hall School of Law After a stint as a staff attorney at the U.S Court of Appeals for the Ninth Circuit, Lisa worked primarily in the field of employment law, in both government and private practice Lisa has litigated on behalf of her clients in all levels of state and federal courts and in agency proceedings Lisa returned to Nolo in 2000, where she writes and edits books on employment law, civil litigation, and business Amy DelPo practiced law for six years before leaving the day-to-day grind of lawsuits to join Nolo’s editorial staff in 2000 As an attorney, she specialized in employment law and general civil litigation, representing her clients in all levels of state and federal courts At Nolo, she continues her work in the field of employment law, authoring and editing a number of books on the subject, including the best-selling The Employer’s Legal Handbook, by Fred Steingold She has also added retirement planning to her field of expertise, editing a number of books on the subject Together, the authors have written several books published by Nolo, including Dealing With Problem Employees and Federal Employment Laws: A Desk Reference Table of Contents I Introduction What an Employee Handbook Can Do for Your Organization I/2 B Who Can Use This Book I/4 C H A Icons Used in This Book I/5 How to Use This Book What You’ll Find in This Book H/3 B What You Won’t Find in This Book H/3 C A The Creation Process H/4 Handbook Introduction Welcoming Statement 1/2 1:2 Introduction to the Company 1/4 1:3 History of the Company 1/6 1:4 Handbook Purpose 1/8 1:5 1:1 Bulletin Board 1/10 At-Will Protections 2:1 At-Will Policy 2/3 Form A: Handbook Acknowledgment Form 2/6 Hiring 3:1 Equal Opportunity 3/2 3:2 Recruitment 3/4 3:3 Internal Application Process 3/6 3:4 Employee Referral Bonus Program 3/7 3:5 Nepotism 3/9 New Employee Information New Employee Orientation 4/2 4:2 Orientation Period 4/3 4:3 Work Eligibility 4/6 4:4 4:1 Child Support Reporting Requirements 4/8 Employee Classifications Temporary Employees 5/2 5:2 Part-Time and Full-Time Employees 5/4 5:3 5:1 Exempt and Nonexempt Employees 5/5 Hours Hours of Work 6/2 6:2 Flexible Scheduling (“Flextime”) 6/4 6:3 Meal and Rest Breaks 6/6 6:4 6:1 Overtime 6/7 Pay Policies 7:1 Payday 7/2 7:2 Advances 7/5 Form B: Payroll Deduction Authorization Form 7/9 7:3 Tip Credits 7/11 7:4 Tip Pooling 7/12 7:5 Shift Premiums 7/14 7:6 Payroll Deductions 7/15 7:7 Wage Garnishments 7/16 7:8 Expense Reimbursement 7/17 Form C: Expense Reimbursement Form 7/21 Employee Benefits 8:1 Employee Benefits: Introductory Statement 8/3 8:2 Domestic Partner Coverage 8/5 8:3 Health Care Benefits 8/7 8:4 State Disability Insurance 8/9 8:5 Workers’ Compensation 8/10 8:6 Unemployment Insurance 8/12 Use of Company Property General Use of Company Property 9/2 9:2 Company Cars 9/3 9:3 Telephones 9/5 9:4 10 9:1 Return of Company Property 9/6 Leave and Time Off Vacation 10/2 10:2 Holidays 10/5 10:3 Sick Leave 10/7 10:4 Paid Time Off 10/10 10:5 Family and Medical Leave 10/14 10:6 Bereavement Leave 10/19 10:7 Military Leave 10/20 10:8 Time Off to Vote 10/23 10:9 11 10:1 Jury Duty 10/25 Performance Job Performance Expectations 11/2 11:2 12 11:1 Job Performance Reviews 11/3 Workplace Behavior 12:1 Professional Conduct 12/2 12:2 Punctuality and Attendance 12/5 12:3 Dress, Grooming, and Personal Hygiene 12/7 12:4 Pranks and Practical Jokes 12/11 12:5 Threatening, Abusive, or Vulgar Language 12/12 12:6 Horseplay 12/13 12:7 Fighting 12/14 12:8 Sleeping on the Job 12/15 12:9 Insubordination 12/17 12:10 Progressive Discipline 12/18 13 Health and Safety 13:1 Workplace Safety 13/2 13:2 Workplace Security 13/4 13:3 What to Do in an Emergency 13/7 13:4 Smoking 13/9 13:5 Violence 13/13 14 Employee Privacy 14:1 14:2 15 Workplace Privacy 14/2 Telephone Monitoring 14/5 Computers, Email, and the Internet 15:1 Email 15/2 15:2 Internet Use 15/10 Form D: Email and Internet Policy Acknowledgment Form 15/15 15:3 16 Software Use 15/17 Employee Records Personnel Records 16/2 16:2 Confidentiality 16/3 16:3 Changes in Personal Information 16/4 16:4 Inspection of Personnel Records 16/5 16:5 Work Eligibility 16/7 16:6 17 16:1 Medical Records 16/8 Drugs and Alcohol Prohibition Against Drug and Alcohol Use at Work 17/3 17:2 Inspections to Enforce Policy Against Drugs and Alcohol 17/7 17:3 Drug Testing 17/8 17:4 Leave for Rehabilitation 17/10 17:5 18 17:1 Rehabilitation and Your EAP 17/13 Trade Secrets and Conflicts of Interest Confidentiality and Trade Secrets 18/2 18:2 19 18:1 Conflicts of Interest 18/5 Discrimination and Harassment Antidiscrimination Policy 19/2 19:2 20 19:1 Harassment 19/6 Complaint Policies 20:1 Complaint Procedures 20/2 20:2 Open-Door Promise 20/4 21 Ending Employment 21:1 Final Paychecks 21/2 21:2 Severance Pay 21/4 21:3 Continuing Your Health Insurance Coverage 21/6 21:4 Exit Interviews 21/9 21:5 References 21/11 Appendixes A Where to Go for Further Information Departments of Labor A/2 Agencies That Enforce Laws Prohibiting Discrimination in Employment A/6 B How to Use the CD-ROM A Installing the Handbook Section Files Onto Your Computer B/2 B Using the Handbook Section Files to Create an Employee Handbook B/2 C Files Included on the Employee Handbook CD B/5 C Forms Form A: Handbook Acknowledgment Form Form B: Payroll Deduction Authorization Form Form C: Expense Reimbursement Form Form D: Email and Internet Policy Acknowledgment Index Payroll Deduction Authorization Form I have requested an advance from the Company This advance is a loan, which I am fully obligated to repay In consideration of the Company’s decision to grant this request, I agree to repay the Company through payroll deductions I hereby authorize the from my paycheck in Company to withhold equal installments to repay the advance The total amount deducted from my pay shall be equal to the amount of the advance If my employment is terminated or I quit before this advance is repaid, I hereby authorize the Company to deduct the full amount I still owe the Company from my final paycheck, if allowed by law Employee’s Signature Date ©nolo Employee’s Name (Print) www.nolo.com Form B: Payroll Deduction Authorization Form Expense Reimbursement Form Date of Expense Item or Service Purchased Reason for Expense Cost Receipt Attached Yes Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Employee’s Signature No No Date Submitted Employee’s Name (Print) Supervisor’s Signature Date Approved ©nolo Supervisor’s Name (Print) www.nolo.com Form C: Expense Reimbursement Form Email and Internet Policy Acknowledgment My signature on this form indicates that I have read the Company’s email and Internet policies and I agree to abide by their terms I understand that any email messages I send or receive using Company equipment are not private, and that the Company may access, monitor, read, and/or copy those messages at any time, for any reason I also understand that the Company reserves the right to monitor my Internet use, and that such monitoring may occur at any time, for any reason Signature Date ©nolo Print Name www.nolo.com Form D: Email and Internet Policy Acknowledgment Index A Abusive language, 12/12 Acknowledgment forms at-will employment acknowledgment, 2/6–8, 4/7 email and Internet policy acknowledgment, 15/15–16 ADA (Americans With Disabilities Act), 13/10, 16/8, 19/4 Advances, 7/5–8 payroll deduction authorization form, 7/9–10 Age Discrimination in Employment Act, 19/4 Alcohol See Drugs and alcohol Americans With Disabilities Act (ADA), 13/10, 16/8, 19/4 Antidiscrimination laws federal, 19/3, 19/4, 19/8 state, 19/3, 19/9–13 See also Discrimination Antidiscrimination policies, 3/2–3, 19/2–5 See also Discrimination Appearance standards, 12/7–10 Attendance, 12/5–6 Attorneys, handbook review by, H/6 At-will employment, 2/1–2, 21/1 handbook acknowledgment form, 2/6–8, 4/7 handbook policy, 2/3–5 orientation policies and, 4/3 B BCIS See Bureau of Citizenship and Immigration Services Behavior outside of work, 12/3 See also Workplace behavior Benefits See Employee benefits; Health care benefits Bereavement leave, 10/19 Bonuses employee referral bonuses, 3/5, 3/7–8 overtime rates and, 6/8 Breaks, 6/6 smoking breaks, 13/10–11 state laws, 6/12–15 Bulletin board, 1/10–11 Bureau of Citizenship and Immigration Services (BCIS), I-9 form, 4/6–7, 4/9, 16/7 C California employers, caution for, 6/8–9 Cars company cars, 9/3–4 mileage reimbursement, 7/19–20 Casual Fridays, 12/8–9 CD-ROM, how to use, Appendix B/2–5 Child support reporting requirements, 4/8–9 Citizenship status, 4/7, 19/4 Civil Rights Act of 1866, 19/4 Clients and customers customer relations, 12/3–4 entertaining, alcohol use and, 17/6 Clothing, dress standards and uniforms, 12/7–9 COBRA (Consolidated Omnibus Budget Reconciliation Act), 21/6–8 I/2 CREATE YOUR OWN EMPLOYEE HANDBOOK Communications See Workplace communications Company cars, 9/3–4 Company history, 1/6–7 Company introduction, 1/4–5 Company property, searches of, 14/2–3, 17/1, 17/7 Company property, use of, 9/1–6 company cars, 9/3–4 general policy, 9/2 return of, at termination, 9/6 telephones, 9/5 See also Computer use Compensation See Bonuses; Overtime pay; Pay policies Complaint policies, 20/1–5 complaint procedures, 20/2–3 open-door promise, 20/4–5 Computer use, 15/1–18 email, 15/2–9 email and Internet policy acknowledgment form, 15/15–16 Internet use, 15/10–14 software use/downloading, 15/17–18 Conduct outside of work, 12/3 See also Workplace behavior Confidentiality agreements, 18/2 Confidentiality and trade secrets, 18/1, 18/2–4 Confidentiality of personnel records, 16/3 Conflicts of interest, 18/1, 18/5–6 Consolidated Omnibus Budget Reconciliation Act (COBRA), 21/6–8 Contracts, 2/1 confidentiality agreements, 18/2 implied, cautions about, 1/3, 1/8, 2/2, 4/3 noncompete agreements, 18/5 oral, 2/1–2 written employment contracts, 2/1, 2/3 See also At-will employment Customers See Clients and customers D Disability discrimination, 19/4 Disability insurance, state, 7/9, 7/10–11 Discipline, progressive discipline policy, 12/18–20 Discrimination, 19/1–13 against smokers, 13/12 age, 19/4 antidiscrimination policies (equal opportunity statements), 3/2–3, 19/2–5 citizenship status and, 4/7, 19/4 complaint policies, 19/4, 20/1–3 disability, 19/4 discretionary benefits and, 6/5 discriminatory dress codes, 12/10 federal antidiscrimination laws, 19/3, 19/4, 19/8 government antidiscrimination agencies, Appendix A/6–9 military status, 10/20 national origin, 19/4 nepotism policies and, 3/9 race, 12/10, 19/4 religion, 12/10, 19/4 sex and sexual harassment, 12/10, 19/1, 19/4, 19/6–8, 20/1 state antidiscrimination laws, 19/3, 19/9–13 Distributing handbook, H/7 Domestic partner benefits, 8/5–6 DOT drug testing requirements, 17/8–9 Dress standards, 12/7–10 Drug-Free Workplace Act of 1988, 17/3, 17/5 Drugs and alcohol, 17/1–20 drug and alcohol testing, state laws, 17/8, 17/14–20 drug-free workplace laws, 17/3, 17/5 drug testing policy, 17/8–9 inspections to enforce drug/alcohol policy, 17/7 prohibition against drug and alcohol use at work, 17/3–6 rehabilitation and your EAP, 17/13 rehabilitation leave, 17/10–12 E EAPs (Employee Assistance Programs), 13/17, 17/13 EEOC (Equal Employment Opportunity Commission), contact information, Appendix A/6 Email, 15/2–9 monitoring, 15/2, 15/6–8, 15/15–16 personal use, 15/5–6 policy acknowledgment form, 15/15–16 purging, 15/4 writing guidelines, 15/8–9 Emergency procedures and supplies, 13/7–8 violent incidents, 13/13, 13/15–16 Employee Assistance Programs (EAPs), 13/17, 17/13 Employee benefits, 8/1–12 discrimination concerns, 6/5 INDEX domestic partner coverage, 8/5–6 EAPs (Employee Assistance Programs), 13/17, 17/13 ERISA compliance, 8/4, 21/4 flexible scheduling, 6/4–5 introductory statement, 8/3–4 part-time vs full-time employees, 5/1, 5/4 prorated, 5/4 state disability insurance, 7/9, 7/10–11 temporary vs permanent employees, 5/2 unemployment insurance, 8/12 waiting periods for new employees, 4/3, 4/4, 4/5 workers’ compensation, 8/10–11 See also Health care benefits Employee classifications, 5/1–5 benefits and, 5/1, 5/4 exempt and nonexempt employees, 5/5 part-time and full-time employees, 5/4 temporary employees, 5/2–3 Employee handbook acknowledgment of receipt, 2/6–8, 4/7 attorney review, H/6 distributing, H/7 formatting, H/6 as implied contract, 1/3, 1/8 purpose statement, 1/8–9 revising/updating, H/6–7 steps to create, H/4–6 using CD-ROM files, Appendix B/2–5 Employee records, 16/1–12 access to, state laws, 16/5, 16/9–12 confidentiality, 16/3 inspection of personnel records, 16/5–6 medical records, 16/8 personal information changes, 16/4 personnel records, 16/2 work eligibility records, 16/7 Employee referral bonus policy, 3/5, 3/7–8 Employee Retirement Income Security Act (ERISA), 8/4, 21/4 Employment contracts, 2/1, 2/3 implied, cautions about, 1/3, 1/8, 2/2, 4/3 Employment discrimination See Discrimination Employment eligibility See Work eligibility Ending employment See Termination of employment Equal Employment Opportunity Commission (EEOC), contact listing, Appendix A/6 Equal opportunity statements, 3/2–3, 19/2–5 I/ Equal Pay Act, 19/4 ERISA (Employee Retirement Income Security Act), 8/4, 21/4 Evacuation plans, 13/7 Evaluations See Job performance Exempt employees, 5/5 overtime policy, 6/7 Exit interviews, 21/9–10 Expense reimbursement form, 7/21–22 handbook policy, 7/17–20 F Family and medical leave, 10/14–18 state laws, 10/14–15, 10/28–32 Family and Medical Leave Act (FMLA), 10/14–15, 10/17, 10/18 Family members bereavement leave, 10/19 nepotism policy, 3/9–11 See also Family and medical leave Family status discrimination, 3/9, 3/11 Federal law Americans With Disabilities Act (ADA), 13/10, 16/8, 19/4 antidiscrimination laws, 19/3, 19/4, 19/8 breaks, 6/6 Consolidated Omnibus Budget Reconciliation Act (COBRA), 21/6–8 Drug-Free Workplace Act of 1988, 17/3, 17/5 ERISA (Employee Retirement Income Security Act), 8/4, 21/4 Family and Medical Leave Act (FMLA), 10/14–15, 10/17, 10/18 minimum wage, 7/7 Occupational Safety and Health Act (OSHA), 13/2, 13/10, 13/17 overtime pay, 6/8, 6/9, 6/10 payroll deductions to repay advances, 7/7 telephone monitoring, 14/5, 14/6 Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 10/20, 10/21, 10/22 Fighting, 12/14 Final paychecks, 21/2–3 garnishment to pay for company property, 9/6 state laws, 21/13–16 I/4 CREATE YOUR OWN EMPLOYEE HANDBOOK Fire drills, 13/7 Flexible scheduling, 6/4–5 Floating holidays, 10/6 FMLA (Family and Medical Leave Act), 10/14–15, 10/17, 10/18 Formatting handbook, H/7 Form I-9, 4/6–7, 4/9, 16/7 Form W-4, 4/7 Fringe benefits See Employee benefits; Health care benefits Full-time employees, 5/4 paydays on, 7/3 premium pay for, 6/10 time off for, 10/5–6 Horseplay, 12/13 Hours, 6/1–19 flexible scheduling, 6/4–5 hours of work policy, 6/2–3 meal and rest breaks, 6/6, 6/12–15 part-time and full-time employees, 5/4 time cards, 7/4 See also Overtime pay G I Garnishments, 7/16, 9/6 Grooming standards, 12/7–10 I-9 form, 4/6–7, 4/9, 16/7 Immigration Reform and Control Act (IRCA), 4/6, 4/9, 19/4 Implied contracts, cautions about, 1/3, 1/8, 2/2, 4/3 Independent contractors, 5/3 Injury prevention See Health and safety Inspection of personnel records, 16/5–6 state access laws, 16/5, 16/9–12 Inspections to enforce drug/alcohol policy, 17/7 See also Searches Insubordination, 12/17 Insurance state disability insurance, 7/9, 7/10–11 unemployment insurance, 8/12 workers’ compensation, 8/10–11 See also Health care benefits Internal application policy, 3/4–5, 3/6 Internal Revenue Service See IRS Internet use, 15/10–14 policy acknowledgment form, 15/15–16 Introductory statements, 1/1–11 bulletin board, 1/10–11 company history, 1/6–7 company introduction, 1/4–5 employee benefits introductory statement, 8/3–4 handbook purpose, 1/8–9 welcome statement, 1/2–3 IRCA (Immigration Reform and Control Act), 4/6, 4/9, 19/4 IRS (Internal Revenue Service) Form W-4, 4/7 mileage reimbursement rate, 7/19 H Handbook acknowledgment form, 2/6–8, 4/7 Harassment, 12/10, 19/1, 19/6–8, 20/1 Health and safety, 13/1–26 emergency procedures and supplies, 13/7–8 employees’ right to refuse to work in unsafe conditions, 12/17 safety-related dress/grooming standards, 12/9 sleeping as safety hazard, 12/16 smoking, 13/9–12 state smoking laws, 13/9, 13/10, 13/18–26 violence, 13/13–17 workplace safety policy, 13/2–3 workplace security, 13/4–6 Health care benefits, 8/7–8 health insurance continuation, state laws, 21/6, 21/17–24 health insurance continuation policy, 21/6–8 health insurance continuation while on leave, 10/17–18, 10/22 smoking cessation programs, 13/11 waiting period for new employees, 4/5 Hiring policies, 3/1–11 employee referral bonus program, 3/7–8 equal opportunity statement, 3/2–3 internal application process, 3/6 nepotism, 3/9–11 recruitment, 3/4–5 See also New employees Holidays floating holidays, 10/6 INDEX J Job performance, 11/1–3 performance expectations, 11/2 performance reviews, 11/3 progressive discipline and, 12/18 Jokes and pranks, 12/11 Jury duty, time off for, 10/25–27, 10/41–46 state laws, 10/25, 10/41–46 L Language threatening, abusive, or vulgar, 12/12 verbal fighting, 12/14 Lawyers, handbook review by, H/6 Layoff policies, 21/3 Leave and time off, 10/1–46 bereavement leave, 10/19 drug/alcohol rehabilitation leave, 17/10–13 early paycheck distribution, 7/7–8 family and medical leave, 10/14–18, 10/28–32 flextime policy, 6/4–5 health insurance continuance, 10/17–18, 10/22 jury duty, 10/25–27, 10/41–46 military leave, 10/20–23, 10/33–37 paid time off (PTO) policy, 10/10–13 paid time off, overtime pay and, 6/9–10 prorated, 5/4 sick leave, 4/5, 10/7–9, 21/3 state laws, 10/28–46 voting, 10/23–24, 10/38–40 See also Holidays; Vacation Loans to employees See Advances M Marital status discrimination, 3/9, 3/11 Meal and rest breaks, 6/6 state laws, 6/12–15 Medical and family leave, 10/14–18 state laws, 10/14–15, 10/28–32 Medical records, 16/8 Meetings, new employee orientation, 4/2, 4/7 Mileage reimbursement, 7/19–20 Military leave, 10/20–23 state laws, 10/20, 10/33–37 Minimum wage federal law, 7/7 state laws, 7/23–26 I/ tip credits and, 7/11 Monitoring email, 15/2, 15/6–8, 15/15–16 Internet use, 15/10–12, 15/15–16 telephone use, 14/5–6 Montana employers, cautions for, 2/1, 3/9, 4/3 N National Labor Relations Board, opinion on personal email prohibitions, 15/6 National origin discrimination, 19/4 Negligent retention, 12/12 Nepotism, 3/9–11 New employees, 4/1–9 child support reporting requirements, 4/8–9 legal rights, 4/4 new employee orientation, 4/2 orientation period, 4/3–5 waiting periods for benefits, 4/3, 4/4, 4/5 work eligibility, 4/6–7, 4/9 New hire interviews See Orientation meetings New hire reporting, 4/8, 4/9 Noncitizens, proof of work eligibility, 4/7 Noncompete agreements, 18/5 Nondisclosure agreements, 18/2 Nonexempt employees, 5/5 overtime policy, 6/7 Notices to employees, bulletin boards for, 1/10–11 O Occupational Safety and Health Act (OSHA), 13/2, 13/10, 13/17 Open-door policy, 20/4–5 Oral contracts, 2/1–2 Orientation meetings, 4/2, 4/7 Orientation policies new employee orientation policy, 4/2 orientation period, 4/3–5 OSHA (Occupational Safety and Health Act), 13/2, 13/10, 13/17 Overtime pay calculating rate, 6/8 choosing employees for, 6/10–11 exempt and nonexempt employee classifications, 5/5 handbook policy, 6/7–11 holiday premium, 6/10 state laws, 6/16–19 I/6 CREATE YOUR OWN EMPLOYEE HANDBOOK P Paid time off PTO policies, 10/10–13 See also Holidays; Leave and time off; Vacation Part-time employees, 5/1, 5/4 Paychecks final paychecks, 9/6, 21/2–3, 21/13–16 frequency and distribution, 7/2–4, 7/7–8 Payday policy, 7/2–4 Pay policies, 7/1–26 advances, 7/5–10 expense reimbursement, 7/17–22 final paychecks, 21/2–3, 21/13–16 payday, 7/2–4 payroll deductions, 7/15 severance pay, 21/4–5 shift premiums, 7/14 state minimum wage laws, 7/23–26 tip credits, 7/11 tip pooling, 7/12–13 wage garnishments, 7/16 See also Bonuses; Overtime pay Payroll deductions authorization form, 7/9–10 handbook policy explaining, 7/15 to repay advances, 7/6–7, 7/9–10 state disability insurance, 7/9, 7/10–11 wage garnishments, 7/16 Performance See Job performance Personal hygiene, 12/7–10 Personal property of employees, searches of, 14/2–3, 17/1, 17/7 Personnel records, 16/2 confidentiality, 16/3 inspection of, 16/5–6 personal information changes, 16/4 state access laws, 16/5, 16/9–12 work eligibility records, 16/7 Posting requirements, bulletin boards, 1/10–11 Pranks and practical jokes, 12/11 Premium pay holiday premiums, 6/10 shift premiums, 6/8, 7/14 See also Overtime pay Privacy, 14/1–6 conduct outside of work and, 12/3 drug testing and, 17/8 email use/monitoring, 15/2–9, 15/15–16 Internet use/monitoring, 15/10–14, 15/15–16 personnel and medical records, 16/1, 16/3, 16/5, 16/7, 16/8 searches and, 14/1, 14/2, 14/4, 17/1, 17/7 telephone monitoring, 14/5–6 workplace privacy policy, 14/2–4 Probationary period (orientation period), 4/3–5 Professional conduct, 12/2–4 Progressive discipline, 12/18–20 Proof of voting, 10/24 PTO (paid time off) policies, 10/10–13 Punctuality, 12/5–6 Purpose statement, 1/8–9 R Race discrimination, 12/10, 19/4 Recruitment policy, 3/4–5 References policy, 21/11–12 Referral bonus policy, 3/5, 3/7–8 Rehabilitation (drugs/alcohol), 17/10–13 Relatives See Family entries Religious discrimination, 12/10, 19/4 Rest and meal breaks, 6/6, 6/12–15 Retirement benefits See Employee benefits Return of company property, 9/6 Revising/updating handbook, H/6–7 S Safety See Health and safety Schedules See Hours; Overtime pay Searches, 14/1, 14/2–4 to enforce drug/alcohol policy, 17/1, 17/7 Security security devices, 14/4 workplace security policy, 13/4–6 Severance pay, 21/3, 21/4–5 Sex discrimination, 12/10, 19/4 Sexual harassment, 12/10, 19/1, 19/6–8, 20/1 Shift scheduling, 6/3 shift premiums, 6/8, 7/14 Sick leave, 10/7–9 during orientation period, 4/5 unused, at termination, 21/3 See also Leave and time off Sleeping on the job, 12/15–17 INDEX Smoking, 13/9–12 state laws, 13/9, 13/10, 13/18–26 Smoking cessation programs, 13/11–12 Software use/downloading, 15/11, 15/12, 15/13, 15/17–18 Split shifts, 7/14 State agencies antidiscrimination enforcement agencies, Appendix A/6–9 labor department contact listings, Appendix A/2–5 State disability insurance, 7/9, 7/10–11 State laws antidiscrimination laws, 19/3, 19/9–13 drug and alcohol testing, 17/8, 17/14–20 family and medical leave, 10/14–15, 10/28–32 final paychecks, 21/13–16 health insurance continuation, 21/6, 21/17–24 meal and rest breaks, 6/12–15 military leave, 10/20, 10/33–37 minimum wage, 7/23–26 overtime pay, 6/16–19 payday requirements, 7/2 personnel records access, 16/5, 16/9–12 PTO policies and, 10/10 smoking, 13/9, 13/10, 13/18–26 time off for jury duty, 10/25, 10/41–46 time off for voting, 10/23, 10/38–40 use it or lose it vacation policies, 10/4 workplace safety, 13/2, 13/17 State new hire reporting, 4/8, 4/9 Substance abuse See Drugs and alcohol Surveillance, 14/4 See also Monitoring T Taxes, payroll deductions for, 7/15 Telephone use, 9/5 monitoring policy, 14/5–6 Temporary employees, 5/2–3 vs independent contractors, 5/3 Termination of employment at-will protections, 2/1–8 exit interviews, 21/9–10 final paychecks, 9/6, 21/2–3, 21/13–16 health insurance continuation, 21/6–8, 21/17–24 layoff policies, 21/3 reasons for, in progressive discipline policy, 12/19 references, 21/11–12 I/ return of company property, 9/6 severance pay, 21/3, 21/4–5 unused vacation time, 10/4, 10/13, 21/2–3 See also At-will employment Threatening language, 12/12 Time cards, 7/4 Time off See Holidays; Leave and time off; Vacation Tip credits, 7/11 Tip pooling, 7/12–13 Title VII, 19/4 Trade secrets, 18/1–6 confidentiality and trade secrets, 18/2–4 conflicts of interest policy, 18/5–6 Travel expense reimbursement, 7/19 U Unemployment insurance, 8/12 Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 10/20, 10/21, 10/22 Uniforms, 12/7, 12/8 Unions, email discussions about, 15/6 U.S Department of Labor, contact information, Appendix A/2 U.S Department of Transportation drug testing requirements, 17/8–9 Updating/revising handbook, H/6–7 USERRA (Uniformed Services Employment and Reemployment Rights Act of 1994), 10/20, 10/21, 10/22 V Vacation, 10/2–4 accrual caps, 10/3–4 early paycheck distribution, 7/7–8 new employees, 4/5 prorated, 5/4 unused, at termination, 10/4, 10/13, 21/2–3 use it or lose it policies, 10/4 See also Leave and time off Vehicles company cars, 9/3–4 mileage reimbursement, 7/19–20 Violence, 13/13–17 Employee Assistance Programs (EAPs), 13/17 employer liability for, 12/12 threatening/abusive language and, 12/12 Visitors, escort/badge requirements, 13/5 I/8 CREATE YOUR OWN EMPLOYEE HANDBOOK Voting, time off for, 10/23–24, 10/38–40 Vulgar language, 12/12 W Wage discrimination, 19/4 Wage garnishments, 7/16, 9/6 Weapons, 13/14–15 Weekends, holidays on, 10/5 Welcome statement, 1/2–3 Work eligibility, 4/6–7, 4/9 records policy, 16/7 Worker’s compensation insurance, 8/10–11 Work hours See Hours; Overtime pay Workplace behavior, 12/1–20 dress, grooming, and personal hygiene, 12/7–10 fighting, 12/14 horseplay, 12/13 insubordination, 12/17 pranks and practical jokes, 12/11 professional conduct, 12/2–4 progressive discipline, 12/18–20 punctuality and attendance, 12/5–6 sleeping on the job, 12/15–17 threatening, abusive, or vulgar language, 12/12 See also Drugs and alcohol; Health and safety Workplace communications email, 15/2–9, 15/15–16 Internet use, 15/10–14, 15/15–16 telephone use, 9/5, 14/5–6 Workplace privacy See Privacy Workplace safety See Health and safety Written employment contracts, 2/1, 2/3 ■ ... as well as disclaimers that specifically state that employment relationships at your company are at will I/ I/4 CREATE YOUR OWN EMPLOYEE HANDBOOK What an Employee Handbook Is Not An employee handbook. .. Lisa 196 4Create your own employee handbook : a legal and practical guide/ by Lisa Guerin & Amy DelPo. 2nd ed p cm Accompanied by a CD-ROM ISBN 1-4133-0186-X Employee orientation Employees Training... I/5 I/2 CREATE YOUR OWN EMPLOYEE HANDBOOK A What an Employee Handbook Can Do for Your Organization Simply defined, an employee handbook is a written document describing the benefits and responsibilities