In yesterday’s CED, we offered tips for managing the basics of HR legal issues. Today, the rest of the tips and an introduction to a California-specific resource for your employee handbook policies.
Once again, a tip of the CED hat to attorneys John K. Skousen and Christopher J. Boman, partners at the Irvine office of employment law firm Fisher & Phillips LLP.
6. Timekeeping
It’s the employer’s obligation to track hours worked, and these records are imperative to an employer’s compliance with wage/hour laws, say Skousen and Boman. Employers should document employees’ meal and rest periods in writing each day, including when they were taken, how long they lasted, whether they were waived, and if so, why they were waived.
One prominent problem facing companies is employees refusing to take their meal period. Despite the California Supreme Court’s recent ruling in Brinker, you should still do your best to ensure that employees are taking and documenting the proper breaks to avoid class action lawsuits that can reach millions of dollars in settlements.
At the end of every pay period, the total hours worked for each employee should be verified. “Stolen” hours from manipulated time cards is outright theft, and dishonest employees will take advantage if employers are not watchful. Create timekeeping documents that are irrefutable in court, Skousen and Boman say.
Dozens of in-depth policies, specifically for California employers. Learn more.
7. State and Federal Wage/Hour Laws
Although both state and federal wage/hour laws are operating simultaneously, the most favorable one to the employee always applies. Employers must understand the interaction between state and federal laws, and know when to refer to which rule. (In California, it’s nearly always the state law that’s more employee-friendly.)
8. Compensation Plans
Every employee who begins work for an employer has an implied contract for compensation. Employers must share the compensation rate before employees start working. Employee compensation plans, which detail specific information, must be in writing to be binding.
In particular, companies operating with sales positions or other roles where commission or bonuses may be offered must have clear compensation plans presented to employees.
Top Goal
The number-one goal for every employer should be to eliminate repetitive practices that could be found unlawful and give rise to a class action lawsuit, say Skousen and Boman.
A comprehensive, updated employee handbook is one of the best ways to lay out your expectations and policies for both managers and employees alike. Fortunately, we’ve got you covered.
Our fully updated HR Management & Compliance Report, the California Employee Handbook Template, includes 101 vital policies—written specifically for employers in California—including:
- At-Will Employment
- Employee Classifications
- Social Media Code of Conduct
- Right to Observe Employees
- Voicemail, Email, Electronic and Computer Files, and Usage
- Appearance and Courtesy; Uniforms
- Equal Employment Opportunity
- Harassment Prohibited
- Retaliation Prohibited
- Bullying Prohibited
- Accommodation of Disabilities
- Zero Tolerance for Drugs or Alcohol in the Workplace
- Terminations
- Final Pay
- Progressive Discipline
- Rest Periods
- Meal Periods—fully updated following the California Supreme Court’s decision in Brinker!
- Overtime Pay, Authorization, and Mandatory Overtime
- Payroll Deductions
- Travel Time Pay
- Bereavement Leave
- COBRA Coverage for Health Insurance
- And 79 more!
Click here for a full Table of Contents.
All of the policies are fully editable and customizable—when you order, you’ll get a link to editable Word versions of all 101 policies.
All of the policies in the California Employee Handbook Template have been drafted by an experienced California employment lawyer. Plus, we’ve provided practical information for every single policy on:
- Which employers the policy applies to
- Which employees the policy applies to
- Whether the policy is required or optional
- Special considerations
It’s like having a California employment lawyer on call, working on your handbook 24/7, at a fraction of the cost!
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