Every Team Needs a Playbook: Why Every New Jersey Business Should have an Employee Handbook, and What Should Be in It.
Posted July 19, 2024
The key to any successful mission is communication. Running a business is no different. New Jersey employers should communicate their expectations to their employees and have clear and comprehensive policies for how their harmonious and legally compliant workplace will function. An employee handbook or policy manual is an essential tool that not only sets the tone for workplace culture, but also helps mitigate legal risks.
Applicable State and federal law underscore the importance of having a well-drafted employee handbook. The National Labor Relations Act (NLRA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the New Jersey Law Against Discrimination (NJLAD) are just a few examples. These laws mandate certain employer obligations and employee rights that should be clearly communicated to avoid potential disputes and litigation over claims such as wrongful termination, discrimination, or harassment. Many workplace disputes arise out of a misunderstanding or misinterpretation of such requirements, so having an experienced employment attorney review your employee handbook is crucial.
An employee handbook should, at a minimum, clearly outline policies related to anti-discrimination, harassment, wage and hour regulations, leave entitlements, code of conduct, disciplinary procedures, and use of technology and privacy policies. This not only demonstrates the employer’s commitment to legal compliance and the fostering of a fair and equitable workplace, but it also serves as protection from potential lawsuits.
A well-crafted handbook should set clear expectations for employees regarding their roles, responsibilities, and behavior. The handbook should make it clear what behavior is expected, what behavior won’t be tolerated, and actionable consequences for noncompliance. This clarity can prevent misunderstandings and conflicts, foster a more productive and positive work environment, and provide management with a roadmap for dispute resolution. All policies should be compliant with State and federal law, which grants employees rights in dispute resolution independent of employer policies.
A handbook provides a consistent framework for addressing workplace issues by having established “goalposts” for everyone. Having standardized procedures puts everyone on notice and empowers employers to ensure fair and uniform treatment of all employees. An employee handbook is not just a formality, but a vital document that supports legal compliance, clarifies expectations, fosters consistent policy enforcement, and protects against legal claims. By carefully crafting and maintaining an up-to-date handbook, employers can create a fair, safe, and productive workplace while minimizing legal risks.
Employers should periodically engage the services of an experienced employment attorney to review and update their handbooks, ensuring they reflect current laws and best practices, this being one of the employment law services that I provide.
About the Author
Robert Devaney, an associate with the firm, concentrates his practice in labor & employment law, education & school law, and family law. Robert focuses a large part of his practice on working with Military Veterans with their labor, employment, and family law matters. Having served in the United States Marine Corps for nine years before receiving his Honorable Discharge, Robert has a unique understanding of the issues that Veterans face in these areas. For example, he serves as legal counsel to the New Jersey Veterans Network.
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