Tag: laws

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Employment Laws: Part Three

employee handbook disclaimers

To complete our Employee Handbook series, we conclude by covering handbook disclaimers. Read on to learn more about the At-Will and NLRA-Protected Activity Disclaimers.

At-Will Disclaimer

Disclaimers are important. A great disclaimer to start with is the disclaimer that the intent of the handbook is not to be an employee contract.

Another disclaimer to include is the at-will disclaimer. Every state assumes private employment is at-will. (In some states however, employees are at-will for only the first six-months). Therefore, your handbook should include an at-will disclaimer that hits on the below points:

  • Employment is at-will and may be terminated any time for any legal reason. This applies to both the employee and the employer.
  • The intention of the employee handbook is not to be a contract of employment.
  • The at-will nature of employment may not be modified by any oral or written statement made before or after employment.
  • The company reserves the right to amend or change the policies at its discretion with or without notice to employees.

NLRA Protected Activity Disclaimer

The purpose of the National Labor Relations Act is to protect collective bargaining rights of employees. This disclaimer can get tricky, but the main thing to remember is this disclaimer can help clarify that nothing in the handbook restricts employees from discussing their wages, hours, or other working conditions.

In summary, the most important thing about a handbook is to keep it current. A fabulous resource is the Society for Human Resource Management, specifically their resource library on HR law.

Inspiration for this post came from “Employee Handbook 2.0: Aligning Your Policies With Employment Laws,” by Melisa Morrison, published in the April 2022 issue of American Quilt Retailer.

If you’re looking for more information to guide you in owning a retail business, subscribe to American Quilt Retailer today. Already a subscriber? No worries—join our Facebook group for insights and dialogue from industry specialists like you. And don’t forget, you can always purchase single issues if you prefer that instead.

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Employment Laws

Equal Opportunity Employment Laws

Several weeks ago we covered how to write an employee handbook. In our next series, we outline the local, state, and federal laws that you should include in your employee handbook.

Equal Employment

Equal Employment Opportunity prohibits unlawful discrimination based on age, race, color, sex, national origin, religion, disability, and genetic information. This also prohibits employers from retaliating against employees who file discrimination complaints.

On top of this, many states and localities have added additional antidiscrimation laws such as health disabilities, gender equality, diversity, and inclusion. Be sure to firstly check what your state and city’s entitlements are and secondly, include them in your employee handbook.

Leave of Absence Laws

Some leave of absence policies, such as personal time off, are based off employer discretion. Others are governed by state and federal laws. Some examples include medical, military, and jury duty leave.

Additional obligations to consider include:

  • FMLA: The Federal Family and Medical Leave Act (for employers with 50 or more employees)
  • USERRA: The Uniformed Services Employment and Reemployment Rights Act
  • ADA: The Americans with Disabilities Act (for employers with 15 or more employees)

As you can see, number of employees influence some of these entitlements as well as location. Another growing trend is paid sick leave. This varies greatly from state to state, so we recommend checking your own locations state and local laws.

This week was just the beginning of Employee Handbook obligations. Stay tuned for next week where we cover wages and drug testing.

Inspiration for this post came from “Employee Handbook 2.0: Aligning Your Policies With Employment Laws,” by Melisa Morrison, published in the April 2022 issue of American Quilt Retailer.

If you’re looking for more information to guide you in owning a retail business, subscribe to American Quilt Retailer today. Already a subscriber? No worries—join our Facebook group for insights and dialogue from industry specialists like you. And don’t forget, you can always purchase single issues if you prefer that instead.