New York State employers with small workforces often ask us whether they need to have an employee handbook. Technically, there is no legal requirement for a formal bound handbook. However, there are many laws, rules, and policies NYS employers must communicate to their employees in a conspicuous area as well as online. Additionally, both employers and employees find employee handbooks can be effective in:
- Clearly communicating work expectations, from attendance and benefits to safety and performance
- Fostering positive work environments
- Mitigating legal risks for everyone in the workplace
If employment is a partnership, the employee handbook can be the partnership agreement.
Complying with Legal Mandates
NYS employers have some flexibility in the ways they format, compile, and post legally-mandated policies, such as equal employment opportunity and sexual harassment prevention. Including them in a comprehensive handbook is a matter of choice.
Early in my law career, most clients with one to five employees chose to let the mandatory federal and state postings serve as their “employee handbooks.” Opting to save the money they would have spent for someone to write a formal handbook, they relied on employees to view the postings and ask questions as needed. Later, it became easy for employers to find employee handbook templates online, and many learned during litigation that those templates included unlawful or unenforceable provisions.
In recent years, employers have started to recognize the value of a well-written employee handbook, especially in light of:
- Changes in the technology we use for work
- The increase in remote work
- Cost-effective tools for creating effective handbooks
Communicating Expectations Clearly
An employee handbook can be a powerful tool to define the parameters of the employment partnership. When integrated with our proprietary KARR Method of teaching adult learners, it can create sustainable workplaces that continue to attract–and keep–top talent.
Beyond legal compliance, here are some of the elements we can help employer clients with:
- A vision to live into. Generating profits is required for a business’ survival, but most people need more than that to inspire them and keep them engaged. We help employers translate their missions and values into language their employees understand, so they too can see the future that inspired the founders.
- The devil in the details. It’s not always easy to define roles, responsibilities, and performance standards in the ways employees and their managers need to understand them, much less in ways that align with relevant laws. We use our litigation and legal counsel experience to help you align all the competing interests into an intelligible guide.
- Awareness. Most employees expect harassment, discrimination, and workplace violence to be prohibited at work. However, they do not always know how to recognize it or what to do if they witness it. We aide employers in developing procedures that ensure they discover and resolve workplace issues quickly.
Reinforcing the Employment Partnership
Understanding the nuances of employee handbooks can be a game-changer for businesses, managers, and employees. By investing in a well-crafted handbook, employers can create a workplace that is both legally compliant and sustainable.