The Special Case of California Employee Handbooks Presented by: Chris Cobey and Ben Emmert Littler...
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The Special Case of California Employee Handbooks Presented by: Chris Cobey and Ben Emmert Littler Mendelson, P.C. – San Jose, CA May 13, 2015
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Transcript of The Special Case of California Employee Handbooks Presented by: Chris Cobey and Ben Emmert Littler...
The Special Case of CaliforniaEmployee Handbooks
Presented by:Chris Cobey and Ben Emmert
Littler Mendelson, P.C. – San Jose, CA
May 13, 2015
Presented by:
Christopher E. CobeyKnowledge Management Counsel
Littler | San Jose Office408.795.3425
Benjamin A. EmmertAssociate
Littler | San Jose Office408.795.3496
The Significance and Value of Employee Handbooks
• A source for desired and acceptable conduct• A statement of the company's values and culture• Courts and agencies will look at
the content
The Dangers of Employee Handbooks
• Is it a contract?• Is it a promise?• Is it a commitment?• Are your standards higher than
the law requires?• “Zero tolerance”: a useful
standard, or not?• Evidence in wage and hour
class actions
The Form of California Employee Handbooks
• Do you need a paper employee handbook anymore?
The Musts and Shoulds of California Employee Handbooks' Contents
• Policies that must be included• Policies that should be included• Policies that might be included• The messy situation of local ordinances
– Counties, cities, special districts– Minimum wage; paid sick and other leaves; health
insurance; public transit; work schedules
• The differences between an employee handbook and the policy manual
When to Update Your Employee Handbook
• Every presidential election year?• Annually?• More frequently?
Sources for Updating Your Employee Handbook
• XpertHR• Littler Mendelson, P.C.• California statutes• California regulations• California case law
The Common Pitfalls in Drafting and Updating CA Employee Handbooks
• At-will disclaimers• Arbitration agreements• Leaves of absence• Lack of signed and retained acknowledgement• Lack of employee review
The Common Pitfalls in Drafting and Updating CA Employee Handbooks
• Inconsistent provisions• Meal/rest periods• Overtime• Expenses / BYOD• Social media• Absolute prohibitions
When Drafting’s Done, All’s Well, Right?
• Promulgation• Alerting the troops• Training the supervisors
Do You Need to Worry About the NLRB in Drafting Your Policies?
• NLRB has targeted policies in employee handbooks concerning subjects such as:– Profanity– Confidentiality– Social media– Other communications– At-will employment– Complaint procedures
Do You Need to Worry About the NLRB in Drafting Your Policies?
– Non-disparagement/false statements/conflict of interest
– Non-solicitation– Usage of company resources– Uniform/dress code/logos– Discipline/dispute resolution– Email organizing (Purple Communications)– Leaving work areas
Do You Need to Worry About the SEC in Drafting Your Policies?
“Put a sock in it about the Company’s policies” may not be a great statement in your employee handbook…
Questions?
The Special Case of California
Employee Handbooks
Christopher E. CobeyKnowledge Management Counsel
Littler | San Jose Office408.795.3425
Benjamin A. EmmertAssociate
Littler | San Jose Office408.795.3496
