Essential Employee Handbook Updates to Make in 2022 | AllBusiness.com

March 17, 2022March 15, 2022 ~ knjohn ~ Leave a comment

An employee handbook is one of the most important components employment attorneys advise companies to have and update regularly. The reasons for this are simple: employee handbooks not only formalize guidelines, expectations, and terms and conditions of employment, but, more important, they can also help provide a layer of protection against employee claims and lawsuits.

A thorough and detailed employee handbook, reviewed and signed by the employee, establishes that both company and employee are aware of the employee and company’s legal rights and obligations. In addition, should the business ever face an employee claim or lawsuit, the handbook also serves as a helpful legal defense by demonstrating that the company strives to operate in compliance with all relevant federal, state, and local laws.

Employers Beware: Your Employee Handbook’s Arbitration Clause May Not be Enforceable | Michel and Associates, P.C.

August 20, 2015August 19, 2015 ~ knjohn ~ Leave a comment

Upon hiring a new employee, it is a common practice for most employers to provide the new employee with an employee handbook stating the general policies and procedures of the employer. Sometimes employers will have an arbitration clause within the employee handbook, and thereby attempt to impose binding arbitration on the parties for any disputes between the employer and employee. Most employers are also advised to have their new employees sign an acknowledgment which indicates that the employee read the handbook, understands its contents, and agrees to its terms.

Most employers assume, or are told, that receipt of the signed acknowledgment form ensures that the employee is bound by the handbook’s provisions, including the requirement that the employee arbitrate any employment-related disputes. But, according to a recent California Court of Appeal, most employers are wrong. Employers should not rely upon an arbitration clause in a prolix employment handbook unless the handbook is carefully crafted to ensure the arbitration clause’s enforceability.

Top 5 Most Common Errors in Small Business Employee Handbooks | SOOFI

July 28, 2015 ~ knjohn ~ Leave a comment

Employee Handbooks are an integral part of every small business’s “CYA” arsenal. They are intended to provide objective standards for employee conduct, expectations, and disciplinary procedures.

However, the overwhelming majority of small businesses tend to rely on publicly available online forms or policies borrowed from fellow business owners to prepare their employee handbooks, whether out of necessity, preference, or convenience.

In states like California where employment and labor laws are constantly being added or amended, it is worthwhile to review your company’s employee handbook from time to time to assess whether they are adequate or create unnecessary risk that, with a few tweaks and modifications, could be mitigated. Complying with labor laws is a lot like keeping good dental hygiene: an unpleasant and frequent annoyance but one for which an once of prevention is worth a thousand pounds of cure. Here is some guidance on the most common errors or mistakes in small business employee handbooks: