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Employee Handbooks › Disclaimers

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 -
Bradley Arant Boult Cummings LLP

The Handbook Tale: Beware the Importance of Your Paperwork

Bradley Arant Boult Cummings LLP on

Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for what employers expect...more

Miller Canfield

Michigan Court of Appeals Decision Cautions Need for Review of Arbitration Agreements in Employee Handbooks

Miller Canfield on

​​​​​​​On June 23, 2022, the Michigan Court of Appeals ruled that an arbitration agreement contained in a personnel manual was not enforceable because the associated disclaimer indicated that the manual did not create a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Employer’s Handbook Disclaimer Fails on PTO Policy Under Wage Payment Statute

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Minnesota employers will be heading back to the drawing board to revise their handbook disclaimers. The Minnesota Supreme Court now requires specific language in policies that set out the terms and conditions for payment of...more

Jackson Lewis P.C.

Minnesota Supreme Court Holds General Contract Disclaimer In Employee Handbook May Not Prevent Creating Contractual Obligations To...

Jackson Lewis P.C. on

Fourteen years ago, in Lee v. Fresenius Med. Care, 741 N.W.2d 117 (Minn. 2007), the Minnesota Supreme Court held that an employer’s obligation to pay out unused paid time off (PTO) to an employee at termination depends on...more

Littler

Is Your PTO Policy a Contract? Minnesota Supreme Court Finds General Handbook Disclaimer Does Not Necessarily Disclaim PTO...

Littler on

On February 3, 2021, the Minnesota Supreme Court held in Hall v. City of Plainview that a general disclaimer that a handbook should not be construed as a contract may not be effective to prevent a paid time off (PTO) policy...more

Dorsey & Whitney LLP

Employee Handbooks (and Policies): Make Sure that the Policies and Disclaimer Accomplish their Purpose

Dorsey & Whitney LLP on

On February 3, 2021, in Hall v. City of Plainview, A19-0606, the Minnesota Supreme Court gave something to employees and employers alike when it addressed the issue of whether a handbook policy can create a unilateral...more

Jaburg Wilk

Top 10 Mistakes in Arizona Employee Handbooks

Jaburg Wilk on

As an employment law attorney, I am frequently asked to review or prepare employer handbooks. Some of the most common mistakes or omissions that I see can create real problems for Arizona employers. The following are the top...more

Burr & Forman

The state of at-will employment in South Carolina

Burr & Forman on

My articles usually analyze a particular case and the impact of the court's decision on the relationship between employers and employees. With the release of a number of decisions addressing employment at will earlier this...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Enforceability of Arbitration Agreement in Employee Handbook

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a court's decision finding an arbitration agreement is valid and enforceable even when located in an employee handbook containing a general disclaimer that the handbook is...more

Zelle LLP

Enforceable Promises

Zelle LLP on

The very first item on our list of rules for employers is this: don’t make promises to your employees that you can’t or won’t keep. Employers’ promises include those set out in employment contracts, of course, but there are...more

Genova Burns LLC

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

Genova Burns LLC on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Appellate Court Rules Arbitration Agreement in Employee Handbook Unenforceable

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Mandatory Arbitration Agreement in Employee Handbook is Unenforceable

Parker Poe Adams & Bernstein LLP on

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

Jaburg Wilk

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

Jaburg Wilk on

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

Dorsey & Whitney LLP

Utah Supreme Court Confirms Employee Handbook Disclaimer Can Protect Utah Companies from Implied Contractual Claims

Dorsey & Whitney LLP on

A recent Utah Supreme Court decision drives home to companies with employees in Utah that a clear and conspicuous disclaimer in a prominent point of an employee handbook goes a long way to protecting the company from any...more

Parker Poe Adams & Bernstein LLP

NLRB Discounts Use of Handbook Disclaimers to Avoid Interference Claims

Parker Poe Adams & Bernstein LLP on

Over the past year, EmployNews has reported a growing series of decisions by the National Labor Relations Board calling into question the use of common employee handbook policies by non-unionized employers. These decisions...more

Foley & Lardner LLP

NLRB Offers Advice on At-Will Employment Handbook Language

Foley & Lardner LLP on

It is a good, standard practice for employers to include a provision in their employee handbooks, where applicable, to clarify that the terms of employment in the handbook do not alter the at-will status of the employer’s...more

McNees Wallace & Nurick LLC

NLRB Provides New Guidance on At-Will Employment Provisions

McNees Wallace & Nurick LLC on

On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the...more

Ballard Spahr LLP

NLRB Provides Guidance on At-Will Employment Disclaimers

Ballard Spahr LLP on

At-will employment clauses in two employee handbooks did not violate employees’ rights under the National Labor Relations Act, according to advice memoranda issued last week by the National Labor Relations Board’s Acting...more

Fisher Phillips

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

Fisher Phillips on

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

FordHarrison

Snap Back to Reality: NLRB Steps Back from the Ledge on Employment At Will

FordHarrison on

Executive Summary: Following recent attacks on the employment at-will doctrine by one of the NLRB's Regions, the Board has stepped its position back somewhat, issuing two Advice Memorandums through its Associate General...more

Constangy, Brooks, Smith & Prophete, LLP

A Halloween Treat for Employers? – NLRB's Acting General Counsel Issues Advice on At-Will Employment Statements

Constangy, Brooks, Smith & Prophete, LLP on

On Halloween, Lafe Solomon, Acting General Counsel for the National Labor Relations Board, issued two Advice Memoranda addressing whether employment-at-will statements in two employee handbooks violated Section 7 of the...more

Proskauer - Labor Relations

NLRB Division, Some “At-Will” Clauses Ok

Proskauer - Labor Relations on

The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies....more

Morgan Lewis

NLRB’s Division of Advice Finds Two At-Will Employment Policies Lawful

Morgan Lewis on

Advice memoranda describe limits of potential challenges to at-will employment policies under the NLRA. On October 31, the National Labor Relations Board's (NLRB's or Board's) Division of Advice issued two memoranda...more

FordHarrison

NLRB Takes on At-Will Employment

FordHarrison on

Executive Summary: During the past year, the National Labor Relations Board has begun chipping away at the employment at-will doctrine. Based on the activities of one of its regional offices, the Board appears intent on...more

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