Electronic Employee Handbooks: Turn Paper into Pixels and Reduce Risk. Anniken Davenport, Esq., Davenport Communications.

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1 Electronic Employee Handbooks: Turn Paper into Pixels and Reduce Risk Anniken Davenport, Esq., Davenport Communications Paper Handbooks Printed handbooks are: Expensive Wasteful not at all green Difficult to update Largely ignored 1

2 Electronic Handbooks Green Easy to update Employee friendly and easy to use Access can be tracked The Tracking Advantage With an e-handbook, you can track who sees what and when they did. Assign unique username and ID for every employee (or use existing log on for those who already have them) Log-in can capture acknowledgment at first access and with each and every update. Knowing who read what and when is crucialduring litigation if you are to take advantage of legal defenses involving required reporting. 2

3 Making the Conversion Locate latest version of paper handbook Create conversion team ohead of HR o Management representative ohead of IT Making the Conversion Distribute definitive handbook version to team Have team create comprehensive conversion plan Assign tasks oteam members can delegate functions, but must remain accountable for final product 3

4 Making the Conversion Role of HR team: o Determine updates needed New federal laws and guidelines New state and local ordinances New policy directives New wording to comply with NLRB directives Making the Conversion Management representative role: o Input on current employee handbook usage o Input on changes needed: Discipline Attendance Hiring and promotion Reporting harassment, discrimination, etc. 4

5 Making the Conversion IT role in conversion o Determine logistics on conversion o Assess accessibility o Design sign-in process o Design update process o Test ADA compliance on accessibility o Maximize access by employees at all levels o Recommend alternative access (paper, designated computer station, etc.) for special employee subgroups Essential Updates Before Conversion This is the perfect time to update your handbook. Be sure to include these revisions: oat-will statement that complies with the NLRB s latest pronouncements. ocivility statement that complies with the NLRB s latest pronouncements. odress policy that complies with complies with the NLRB s latest pronouncements and most recent EEOC religious garb guidance 5

6 Essential Updates I further agree that the at-will employment relationship cannot be amended, modified or altered in any way. DO NOT USE SUCH A STATEMENT!!!! Essential Updates USE THIS ONE No manager, supervisor or employee has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment other than at-will. Only the president of the company has the authority to make any such agreement and then only in writing. 6

7 Essential Updates Do you have a rule like this? We do not allow negative comments about our fellow team members including coworkers and managers. Employees will not engage in or listen to negativity or gossip and will represent the company in the community in a positive and professional manner in every opportunity. DO NOT USE SUCH A STATEMENT! Essential Updates TRY THIS We expect all our employees to treat each other and our customers with dignity and respect. That means that we do not use words that could be construed as harassing, degrading or offensive. If you have any questions about what is appropriate and what is not, please consult with an HR representative. 7

8 Essential Updates Common Dress Policy Employees are expected to dress professionally and consistent with their position with the company. Men must be clean-shaven and have their hair no longer than the collar. Women must wear their hair in a professional style consistent with their position. No cornrows, braids or other distracting styles allowed. Employees may not wear any company or other logos (other than the company s) Do not use Essential Updates BETTER DRESS POLICY All employees must dress professionally for their position and must be clean, neat in appearance and free of any distractions that may impair health or safety in the workplace. Employees with questions about what is acceptable may contact the HR office for guidance. Our company remains committed to supporting our employees religious and cultural beliefs and will modify the dress code accordingly. 8

9 Distributing the Handbook Based on IT recommendations for your specific computer system, make sure that your electronic handbook: Is password protected and requires an employee to sign in with his or her name and password Has a click on acknowledgment (radio button) for initial and access Captures that acknowledgment and generates a report for HR showing each individual acknowledgment, including date and time Distributing the Handbook Based on IT recommendations for your specific computer system, make sure that your electronic handbook: Has a separate acknowledgment for any arbitration agreement if you use one that acknowledges the agreement is a contractual one. Captures both the invitation to acknowledge receipt and initial (and subsequent) access. 9

10 Distributing the Handbook Instruct IT to make sure the electronic handbook is only accessible to employees. DO NOT PLACE THE HANDBOOK ON THE WEB IN A WAY THAT MAKES IT ACCESSIBLE TO THE GENERAL PUBLIC! Because the rules are always changing, lawyers looking for a class action and others interested in making waves look for employer violations. Don t make it easy. The Case for Testing With an e-handbook, you can track who sees what and when they did. Consider adding required quizzes on elements of the handbook. Crucial for defenses against sexual harassment or other charges you have a hostile work environment. Defense available is that employer had a clear antiharassment policy it communicated to employees that was designed to prevent harassment and stop it if it occurred. 10

11 The Case for Testing Harassment policy must be known; Employer must show employee knew but didn t report the problem. How do you prove? You could check hotline, , voice mail to see if he or she reported any problems and You could show the court that on a certain date, the employee clicked through to read the handbook section on harassment and You could show court her quiz score on How to report sexual or other harassment. The Case for Testing Adding testing may be the best thing you ever do. Consider how and when to Quiz: Deadline works best Make it mandatory Have system run reports and reminders Require retaking until score is 100% 11

12 The Case for Testing When to quiz? Determine what you want to test. Set priorities on roll-out. Consider how to schedule quizzing Remember hourly employees will need to be paid for taking the quiz if they do so off the clock Possible tests include: Possible quizzes oharassment and hostile work environment knowledge that is, what is harassment, what is a hostile work environment. 12

13 Possible tests include: Possible quizzes oada and disability including how and when to ask for reasonable accommodations Possible tests include: Possible quizzes ofmlabasics including how leave is calculated, how to ask for leave and how to determine how much leave is available. 13

14 Possible tests include: Possible quizzes oany whistleblowing or ethics reporting your state requires for a defense (many states won t let employees file a whistleblower lawsuit unless they show that they first reported the alleged wrongdoing and quizzing on reporting shows you told them how to report wrongdoing. Possible tests include: Possible quizzes oreligious accommodations when dress codes are modified and how to request time off for religious practices as an accommodation. 14

15 Possible tests include: Possible quizzes Distracted driving and hand-held devices rules Provides powerful defense if the employee doesn t follow rules and has an accident while on company business. Final Considerations Determine that all employees in all positions have received the handbook. Make provisions for a computer station for regular access for those who don t have computer access at work. Have a few paper copies available for inspection in the HR office. Schedule an annual review after launch. 15

16 Resources Security Standard is DOLguidelines for pension and benefit records (ERISA) at Web Accessibility for the disabled o o 16