Q: When should I update an employee handbook and how?
 
A: An updated employee handbook is crucial for employees in setting expectations and ensuring compliance with continuously changing laws. The handbook and its revisions should be clear and concise for employees, comprehensive in scope to address common workplace issues and inquiries, and remain in line with the company’s mission and goals. 

Conduct a Regular Review
A full review of the policies on a regular basis can ensure that they remain updated and compliant with federal and state laws. Review may need to be more frequent in cases where a new law takes effect on a certain date that requires a policy change. Laws and regulations surrounding these policies continue to change. For example, if an employer has employees performing work in more than one state – which includes remote work – the handbook’s policies should comply with each state’s requirements. 

Expand Review Beyond the Legal Requirements
While certain employment and labor laws are applicable across most organizations, employers should review for other considerations and policies as well. A savvy employer can minimize recurring issues.

Many employers are looking to refine their remote and/or hybrid work policies as employees either confirm their current remote/hybrid schedules or begin a return to the office. Setting clear parameters is essential for employers to enforce expectations. 

Additionally, employers should consider clear policies on Artificial Intelligence (AI). Even if an employer has not adopted a specific AI program for use, employees may be using AI to perform their work duties. Even employers who are cautious in adopting AI policies should clearly state their position in the handbook, including any restrictions on an employee’s use of AI in the performance of their duties. 

Draft Clearly and Concisely
If an employee is expected to understand the rules and policies in the handbook, the policies should be drafted clearly and concisely so that employees can understand the employer’s expectations. Overly complicated or ambiguous policies can lead to potential confusion among employees or, in extreme circumstances, a court finding that a provision is unenforceable against the employee. 

Distinguish Versions of the Handbook
The handbook should make clear the date of revision. Noting the version in the document is also helpful, as it helps further identify the track of changes and the most recent handbook. 

Require Written Acknowledgment of Employee’s Receipt
Policies in a handbook may not be enforceable if an employer cannot prove that an employee received or was aware of such policy. Employers should keep a signed acknowledgment by the employee that they received and read the handbook. 

New employees generally receive a copy of the handbook during the onboarding and orientation process. During training, an employee should receive a copy of the handbook with an acknowledgment form to return and add to their personnel file.

Current employees also should receive updates in the form of the full handbook, with changes highlighted for their review. Ask employees to note the changes and sign and date the acknowledgment form to be returned and added to their personnel file. Stand-alone addendums are generally not recommended, as they provide an opportunity for issues when employees need to cross-reference addendum changes with the original language in the handbook. A new handbook ensures that employees have the most up-to-date version of all policies in one place.

Train Management on Handbook Policies 
A handbook cannot simply be a reference after issues arise. Management must be familiar with the policies in the handbook and well-trained on how to apply them consistently and fairly. Providing regular training ensures that management has knowledge of the employer’s policies and relevant laws that impact their employees. 

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Consulting with an employment and labor attorney is considered best practice to ensure that a handbook is in compliance with all relevant federal, state, and local laws where employees are located.