Brendan Feheley and Timothy Gallagher presented "Updating Your Employee Handbook in 2015" on October 20, 2015. The presentation discussed the importance of having an updated employee handbook with present-day regulations. Topics included modern issues like social media, sexual orientation and gender identity, bringing your own devices (BYOD) and medical marijuana.

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HANDBOOK
OVERVIEW

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Why
Handbooks?

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EFFECTIVE WAY TO
COMMUNICATE
POLICIES VALUESSTANDARDS
OF CONDUCT

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control the message

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HANDBOOKS
COMMUNICATE

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HANDBOOKS
SET POLICY

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HANDBOOKS
DEFINE STANDARDS

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PURPOSE
OF OUR
PRESENTATION

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INCREASE
AWARENESS

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IDENTIFY RECENT
LANDSCAPE
CHANGES
WARRANT
REVIEW?

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IDENTIFY RECENT
LANDSCAPE
CHANGES
WARRANT
REVIEW?
NEED TO
UPDATE?

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HELP HR
PROFESSIONALS
UNDERSTAND
HOW TO
ANALYZE
POLICIES

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POLICIES
THAT MAY BE
OUTDATED

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No one wants
to be behind
the times.

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Being behind the times
with your wardrobe can
be embarrassing.

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But being behind the
times with your
handbook can make you
run afoul of the law.

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Do you have any of
these policies in your
company handbook?

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“Do not discuss
customer or employee
information outside of
work, including phone
numbers and
addresses.”

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“Your
employment
is at-will.”

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“Do not make fun of,
denigrate, or defame
your co-workers,
customers, franchisees,
suppliers, the company,
or our competitors.”

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“Avoid the use of
offensive, derogatory
or prejudicial
comments online.”

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“Associates are not
authorized to answer
questions from the news
media. If approached by the
news media, you should
refer the person to the
company’s Media Relations
Department.

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“Taking
unauthorized
pictures or videos on
company property is
prohibited.”

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“Failure to report
to your scheduled
shift without prior
authorization is
prohibited.”

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“You may not make
false or misleading
representations about
your credentials or
work.”

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“You may not use a
personal electronic
device for anything
other than work
purposes during your
working hours.”

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“No part of this
handbook may be
reproduced or
transmitted in any form
without the express
written consent of the
company.”

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Do you have any of
these policies in your
company handbook?you need to update
your handbook

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NLRB
RULES

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CHILLING
EFFECT ON
SPEECH
CHILLING
EFFECT ON
PROTECTED
ACTIVITY

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As recently as
MARCH
2015 “several handbook
policies considered
unlawful”

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Even policies that have
a mere maintenance
intent can be
considered unlawful.

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will fuel
disgruntled
employees

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“Employee
at will.”

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We DO NOT advise you
to remove the at-will
employment language
from your handbook.
It remains critically
important language
for employers.

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MODERN
ISSUES

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Confidentiality

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Social Media

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Employee Devices

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Protected Class

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Who constitutes
protected class?

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Same-Sex
Couples

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Same-Sex
Couple
ISSUES

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1 Benefits?
2 Harassment?
3 FMLA Protections?

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Transgender
ISSUES

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1 Accommodations?
2 Harassment?
3 FMLA Protections for Surgeries?
4 Gender Discrimination Claims?

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Safety Reporting

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WHAT DOES
THIS MEAN
FOR YOU?

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LOWER
COSTS

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LOWER
COSTS
BUT CAN
CREATE
PROBLEMS

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CHANGES +
ENFORCE-
MENT

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CHANGES +
ENFORCE-
MENT
CAN PUT
YOU AT
RISK

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NLRB cracking
down on even the
most harmless
seeming of policies

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could provide
fodder for
disgruntled
employees

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Decide what is
best for your
company

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ANALYZE +
SELF-AUDIT

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Change What You Can

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Thank You!
Brendan Feheley
Labor + Employment Co-Chair
bfeheley@keglerbrown.com
614.462.5482
Timothy J. Gallagher
Associate
tgallagher@keglerbrown.com
216.586.6784