Carol Morris

HR in the Windy City

Employee Policies Are Important and Enhance the Business Brand

 

Oh, if someone could simply wave a wand and say, “Abracadabra,” to make employee policies magically appear, most employers would rush to be first in line. As it is, there are numerous complicated state and federal laws and regulations that directly impact, if not dictate, how an employer interacts with its employees. On top of that, once employee policies are in place, employers must keep them updated to reflect current law. 

This topic follows my previous HRTools.com Insight titled, “Developing and Maintaining Employee Policies.” To give you an idea of just a few of the federal laws and regulations that can impact employers and their employees, you may want to start by reviewing the partial list below. Employers should also keep in mind that some states have their own worker protection laws and regulations, which can often overlap and/or interact with federal law. 

• U.S. employers with 50 or more employees must comply with the Family and Medical Leave Act, also known as the FMLA. The FMLA was amended in January of 2008, and final regulations were issued in November of 2008. Employers should become familiar with the final regulations, which can be accessed online at http://www.dol.gov/esa/whd/fmla/finalrule.htm.
• The Americans with Disabilities Act of 1990 (ADA) is another very important piece of federal legislation that has been amended. Its amendments took effect on January 1, 2009  To date, no regulations have been issued. Information about the ADA and its amendments can be found online at http://www.ada.gov/pubs/ada.htm
• Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination based on race, color, religion, sex or national origin. The U.S. Equal Employment Opportunity Commission (EEOC) handles complaints related to workplace discrimination. To learn more about Title VII and other antidiscrimination laws, employers can contact the EEOC online at http://www.eeoc.gov, or by phone at 1-800-669-4000. Basically, employers will want their employees and customers to know that they are responsible for having a workplace that is free from discrimination and harassment. 

Again, the above is just a sampling, or partial list, of the worker protection laws, regulations and concerns that employers need to be aware of, and is intended to give employers a general idea of where to start when developing employee policies. As always, employers are encouraged to consult with an employment attorney when developing employee policies. 

This step is very important because without employee policies in place and distributed, employers are setting themselves up for potential lawsuits and other types of liability issues. While that is a compelling reason, in and of itself, you will find that employee policies serve in other ways, such as: 

1. To help employers remain in compliance with federal, state and local laws, regulations and ordinances.
2. To enhance your business’s brand image with employee policies that help set the tone for attracting business (i.e., you are proactive and you care about your employees and customers enough to develop these policies in the first place). Having employee policies in place makes you look more professional and helps establish your reputation.
3. To help communicate guidelines for how you expect employees to behave and treat one another in the workplace and what consequences employees can face if certain policies are violated. If employees know ahead of time what is expected of them, employers are less likely to have co-workers mistreating others and potentially causing the suffering, stress and pain that can result from harassment or discrimination, for example. And your employee policies can also include information about general codes of conduct, as well. 

Obviously, employers have to be on their toes to keep up with all the laws that affect employee policies. As stated before, employers are encouraged to seek legal counsel when developing or revising employee policies.

The information contained in this document is for general, informational purposes only and is not intended to be legal advice. This information is not a substitute for the guidance of a professional and should not be relied upon in reference to any specific situation without first seeking the advice of a qualified HR professional and/or legal counsel regarding applicable federal, state or local laws. HRTools, Insperity and their respective employees make no warranties, express or implied, and make no judgments regarding the accuracy of this content and/or its applicability to a specific situation. A reference or link to another website is not an endorsement of that site or service.