a resourceful tool and an effective first line of defense against claims of discrimination and other wrongful conduct. Not yet convinced? Let’s bust a few common myths. Myth #1: When it comes to employee handbooks, one size fits all. Your company is unique, and your handbook should reflect that uniqueness. Using an “off the shelf ” handbook template may seem like the ideal time saving tool, but there are several ways it can also create liability. Standardized templates and policies lack the necessary customization needed to ensure compliance with not only federal, but state and local laws; rarely reflect actual company practices; and tend to be poorly written. All of this can lead to increased liability. Myth #2: Having an employee handbook gives my employees a roadmap on how to sue me. Some employers feel that an informed employee is something to be feared; that an employee handbook is nothing more than a roadmap to litigation. Let’s flip that perspective for
a moment. Employees who understand the law—what it requires of employers and employees—are in a better position to understand the employer’s actions and are less likely to resent or mistrust an employer who follows the law. Opening the lines of communication with employees (e.g., engaging with them during training sessions or when rolling out an updated handbook) is a great way to build trust and encourage employees to communicate with the employer when there is a problem. Building trust with employees is also a great risk mitigation tool. Having a strong rapport with employees increases the likelihood that when confrontation occurs, they will turn to the employer for answers or solutions as opposed to someone outside the organization. Myth #3: My operations are too small to warrant an employee handbook. Small employers may not be subject to certain state or federal laws, but they can still be liable for “bet the farm” violations relating to wage and hour laws and harassment based on protected classifications.* Having an
employee handbook is also an easy way to create a more professional image and make sure even a small number of employees understand what the company expects from them and how they can help guide company culture. The bottom line is a customized and legally compliant employee handbook, consistently enforced and updated, can be an invaluable resource for any business. Western Growers now offers a hands-on workshop to build out a completed and customized legally compliant employee handbook ready to distribute to your organization’s employees. For more information about our workshops, please contact Teresa McQueen at tmqueen@wga.com. * All employers are subject to state and federal wage and hours laws. In California, all employment provisions of the Fair Employment and Housing Act’s (FEHA) anti-discrimination provisions apply to all employers with five or more full-time or part-time employees. In addition, FEHA’s anti-harassment provisions apply to employers with just one employee.
We proudly support Western Grower & Shipper
Jackson Lewis supports Western Grower & Shipper’s commitment to water conservation, quality and sustainability. Focused on labor and employment law since 1958, Jackson Lewis’ 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business.
Jonathan A. Siegel Orange County Office (949) 885-1360 Jonathan.Siegel@jacksonlewis.com
Adam Y. Siegel Los Angeles Office (213) 630-8241 Adam.Siegel@jacksonlewis.com
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