By Teresa McQueen, Western Growers Corporate Counsel Agricultural employers, in addition to all the other tools needed to assist in running their businesses, need a written employee handbook to protect their company from legal risks, set forth policies and procedures to guide employees and supervisors, and provide information on company benefits. Does Your Company Need an Employer Handbook? Spoiler Alert: Yes, it Does!
Why Does an Employer Need an Employee Handbook? While state and federal law do not require businesses to create or distribute employee handbooks, the law does require every business to memorialize certain workplace policies in writing. For example, the California Fair Employment and Housing Act (FEHA) requires that employers with at least five employees distribute written harassment, discrimination and retaliation prevention policies. As a risk management tool, the employee handbook can be an effective first line of defense against claims of discrimination and other wrongful conduct. Laws continue to change, placing more and more responsibility on employers. Having an employee handbook and reviewing it for updated legal compliance is critical for employers. Employee handbooks typically provide an overview of personnel procedures, work rules and fringe benefits. Handbooks help with orienting and training new employees; create a legal document which can be used to defend the employer; increase consistent treatment of employees and help avoid favoritism or discrimination; as well as guide the actions of management and supervisory personnel. With more focus on promoting equal opportunity, diversity and inclusion, it is more important than ever that employers understand and follow state, federal and local equal employment laws. As a resource tool the employee handbook serves as a one-stop shop for information on all the business’ most important policies and procedures. A place where employees can quickly find information about employer expectations, benefits, employee rights and learn about the consequences for failing to adhere to company policies/procedures. When Should a Business Create an Employee Handbook? The ideal time to create and implement an employee handbook is pre-employment or at the inception of the organization. But it’s never too late to introduce an employee handbook into an existing organizational structure. An employee handbook is integral to human resources operations—an often-overlooked aspect of business operations—and creation and maintenance of the company’s unique culture.
When rolling out a new employee handbook—or updating an existing handbook—employers should keep the following tips in mind: • Determine the most effective method of distribution. For example, when introducing a new employee handbook, a company-wide meeting might be most effective. For introducing an updated handbook or updated policy perhaps email communications might work best. • If the organization has been operating without a handbook, explaining which policies may differ from current practices will be important. • Whether introducing a new or updated handbook, employers will want to be sure to require all employees to sign an acknowledgment attesting to receipt of the new or updated handbook. • Never think of a handbook as something stagnant. Because employment laws are continually changing, the company’s employee handbook should be reviewed on an annual basis and updated as necessary. Annual reviews should include, among other areas, an overall review of the following areas: • Cultural changes within the company • Technical changes or updated protocols • Changes in the law • Changes necessary due to company growth Implementing and Enforcing Handbook Policies/ Procedures Generally, an employer may implement and enforce its lawful policies/procedures so long as application or enforcement does not unlawfully discriminate or negatively impact any one employee or group of employees based on a protected classification (e.g., race, religion, sex, national origin). Employers with unionized employees must also be careful that the policies reflected in their handbooks are consistent with any collective bargaining agreement(s) in effect. Employers should also be aware of the potential impact of the National Labor Relation Act and the Agricultural Labor Relations Act on various employee policies. Busting Common Employee Handbook Myths As discussed above, an employee handbook can be
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MARCH | APRIL 2022
Western Grower & Shipper | www.wga.com
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