Employee Handbooks

Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both... more +
Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -
News & Analysis as of

Plaintiff Lacks Control of Employees’ Personal Accounts, Motion to Compel Denied (California)

Matthew Enter. v. Chrysler Grp., 2015 WL 8482256 (N.D. Cal. Dec. 10, 2015) - In this case, the defendant moved to compel additional ESI, including emails from employees’ corporate Gmail accounts and financial documents....more

NJ Employers May Need to Revisit Arbitration Clauses Following Appellate Division Ruling

On January 7, 2016, the New Jersey Appellate Division found that an arbitration provision contained in an Employee Handbook was unenforceable. This decision is of critical importance to New Jersey employers when it comes to...more

Do Your Employees Hate Trump? Comb-over Your Social Media Policy before the Caucus

The media is buzzing about presidential candidates, and it is only revving up as the Iowa caucuses—the first to be held in the country each year—draw near on February 1st. Following closely on Iowa’s heels will be New...more

Employers Should Not Rely on Employer Handbooks to Create Enforceable Arbitration Agreements

In a recent published opinion, the New Jersey Appellate Division held that an arbitration clause in an employee handbook was unenforceable because the handbook also contained standard disclaimer language stating that the...more

California’s New Fair Pay Act: Practical Recommendations for Employers

As of January 1, 2016, employers need to adapt to California’s new Fair Pay Act (SB 358). Previously, the law prohibited employers from paying lower wages to employees of opposite gender when they performed equal work that...more

Guns at Work: Is Your Employment Handbook Loaded to Fire?

Guns seem to always be in the spotlight, or at least in the legal stage’s side light. Proponents of gun safety or regulation clash with those who believe everyone of sound mind has the right to bear arms. There are extremists...more

Reminder: OFCCP Pay Transparency Rule Takes Effect Monday!

The OFCCP’s Final Rule prohibiting federal contractors from discriminating against employees and applicants who ask about or discuss compensation goes into effect this Monday, January 11...more

The NLRB Finds Whole Foods’ No-Recording Policy Unlawful

In Whole Foods Market, Inc., the National Labor Relations Board, in a 2-1 decision, held that Whole Foods’ rules prohibiting the recording of conversations in the workplace violated Section 8(a)(1) of the National Labor...more

NLRB Invalidates Employer's "No Recording" Policies, Bolstering Employees' Ability to Record in the Workplace

Christmas came a day early for labor unions. On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision that invalidated two employee handbook policies prohibiting employees from recording...more

Employment Law Commentary, December 2015

New Year, Revised Handbook - Now that you know all about the new employment laws in California for 2016—see our Employment Law Commentary from last month—it’s time to think about revising your employee handbooks and...more

Top Ten Labor & Employment New Year's Resolutions For 2016

Sure, you’ve probably made a list of a few resolutions for 2016 already. Maybe you’re going to dust off that gym membership, cut back on junk food, clean out the garage, save more money, or visit some far off locale in the...more

New Jersey Appellate Court Rules Arbitration Agreement in Employee Handbook Unenforceable

In C.M. v. Maiden Re Insurance Services, LLC, No. L-3622-13 (App. Div. Sept. 18, 2015), the New Jersey Appellate Division held that an employee was not compelled to arbitrate her employment discrimination claims,...more

Happy New Year (to California Employees)

The year-end holidays tend to be a time when employers and employees are either winding down for the year or making one last big push to close the year strongly. California employers should make time this week, though, to...more

Why do employers need employee handbooks?

Our company CEO told me not to worry about drafting an employee handbook. What can I say to change his mind and convince him it’s a good idea to have a handbook? There are many reasons why you should have an employee...more

NLRB, Social Media, and Employee Handbooks

Would your company’s employee handbook pass a National Labor Relations Board (NLRB) social media review and investigation? The U.S. Chamber of Commerce highlighted some troubling notions in a report issued last week:...more

Fourth Circuit Says Mandatory Arbitration Agreement in Employee Handbook is Unenforceable

Employers seeking to avoid disputes in court with employees increasingly seek to use mandatory arbitration agreements. Typically, these agreements take the form of stand-alone written documents, signed by both parties....more

By The Book: Transforming Handbooks Into Contracts In Langenkamp V. Olson

A recent summary order from the United States Court of Appeals for the Second Circuit – which exercises federal appellate jurisdiction over New York, Connecticut and Vermont — serves as a reminder that an employer’s reliance...more

New Year's Resolution for Employers: Review Employee Handbooks and Agreements

A Nov. 24, 2015, decision from the U.S. Court of Appeals for the Fourth Circuit, which has jurisdiction over the Carolinas, about an arbitration provision included in an employee handbook serves as a warning to employers to...more

Accessing Employee Social Media Accounts a No-No in Connecticut

We’ve got nearly a sold-out crowd for this Friday’s joint program on Data Privacy and Noteworthy Human Resources Issues produced by my firm, Shipman & Goodwin, and the Connecticut chapter of SHRM. I’ll be moderating the...more

Employment Law Navigator – Week in Review: December 7, 2015

‘Tis the season for holiday cheer and employer-sponsored celebrations. It’s a good time to heed the words of sage employment lawyers who want to help you avoid celebration-related complaints, charges and lawsuits. Last...more

Three Things To Do: End-Of-The-Year Labor And Employment Checklist For 2015

What better way to prepare for the new year than to review the biggest developments in the world of labor and employment law that took place over the past 12 months? Presenting Fisher & Phillips’ annual end-of-the-year...more

Handbook Is No Arb. Agreement

In Lorenzo v. Prime Communications, L.P., No. 14-1727 (4th Cir. Nov. 24, 2015), Lorenzo sued her former employer, Prime Communications, L.P. (“Prime”), for minimum wage and overtime violations. Prime tried to compel...more

Avoid Potential Traps When Updating Employment Terms in Your Key Documents

There is little debate that best practices for employers include periodically refreshing the company’s key employment documents like personnel policies, confidentiality and nondisclosure agreements. Quite often, there are...more

National Labor Relations Board Continues to Limit Handbook Rules

The National Labor Relations Board has been increasingly active in reviewing rules for employee conduct described in personnel policy manuals and handbooks. The NLRB focuses on Section 7 of the National Labor Relations Act,...more

Words Matter: D.C. Circuit Upholds (in part) NLRB's Ruling on Hyundai Handbook Policies

A recent opinion from the D.C. Circuit Court of Appeals, Hyundai Am. Shipping Agency, Inc. v. NLRB, illustrates the importance of word choice in handbook policies under the watchful eye of the National Labor Relations Board...more

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