Employment
Manuals
Why Do We Need One?
Each employer will need to decide
whether to have an employment handbook or manual, sometimes known as a human resources
policies and procedures manual. There
are substantial advantages to utilizing an employment manual. There
are also substantial risks when relying upon an improper employment
manual.
Differing state laws, business
types, number and type of employees, among other factors, will
significantly alter your risks and your employment manual.
A properly written employment manual
becomes necessary as the number of employees increases. From
the listing found at the end hereof, very significant employee
rights and employer liabilities begin at 15 employees, at which point the
Federal Civil Rights Act becomes applicable.
California laws are often
more
liberal than federal laws and may commence with even fewer employees, such
as the Fair Employment and Housing Act, which kicks in at 5 employees.
You may find an employment manual helpful beginning at 5 employees in
California.
Employment
manuals actually may
perform many functions, including to:
-
welcome
employees and relate firm history, missions, and reputation,
-
advise
general company information, such as working hours and dress code,
-
tell
your company’s benefits,
-
confirm
that the firm and its employees comply with all employment laws, such
as civil rights and harassment,
-
itemize
major violations and potential disciplinary options, including firing,
-
avoid
unintended contractual relationships with employees, and
-
arbitrate
employee claims.
When your business reaches the
following number of employees in the State of California, the following legal requirements and more
arise, necessitating greater knowledge, sophistication, training,
policies, procedures, and forms:
These laws may change,
sometimes faster than this website. Consult us or another attorney
for up-to-date advice.
One
Employee:
-
Federal
and State Wage and Hour
-
State
Harassment Prohibitions
-
Workers’
Compensation
-
Unemployment
Compensation
-
Immigration
and Child Labor Laws
-
Labor-Management
Relations
-
Occupational
Health and Safety (OSHA)
-
State
Disability Insurance
-
Paid
Family Leave
Five Employees:
Fifteen Employees:
Twenty Employees:
Twenty-Five Employees:
Fifty Employees:
Seventy-Five Employees:
One Hundred Employees:
Caveat:
I publish these descriptions for your interest and to provide information on
legal issues that may affect you. Although I use only reliable
sources for the contents, every case is different depending on its
particular facts. You should not take any action based only on the
advice herein. You should discuss any proposed reliance or
action based hereupon with me or another lawyer first.
