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back to index backAMERItalk April,  2012


U.S. Employee Handbooks: Best Practices

To ensure compliance with applicable laws and to help protect themselves in the event of employment-related litigation, private employers should ensure that they apply best practices when creating and maintaining an employee handbook. PLC Labor & Employment examines the main practical and legal considerations.

How can multistate employers ensure their employee handbooks comply with each state’s laws?

It can be challenging for multistate employers to implement a handbook that complies with the laws of each state where they have employees, particularly if the employer has just a few employees in numerous states. There is no single “right” approach. For example, depending on the employer’s company headquarters, industry, type of workers, and locations of critical mass, an employer may either:

- Implement specific handbooks for each state where it has employees.

- Have a single handbook that complies with the laws of the most employee-protective state and make informed decisions to either apply state protections outside of that state or to identify in the handbook that certain provisions only apply to employees in a particular state. Increasingly, however, the most common approach — and one that works well for employers with strong, centralized legal and human resources functions — is the “handbook and addendum” approach.

This involves:

- Drafting a handbook that is compliant with US federal law.

- Preparing addendums for each state where the employer has employees.

To download 3-page Expert article, please click here.

Source: Baker & McKenzie - GAI





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