This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.
Employee Handbook Legal Requirements In Wake
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Multi-State
County:
Wake
Control #:
US-002HB
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FAQ
Generally speaking, an employee handbook is not a legally binding contract unless it explicitly states that it is. However, certain statements in the handbook can be interpreted as contractual promises if they are specific enough and imply mutual obligations between employer and employee.
Employee handbook: The intended audience is the employee, and it serves as a valuable resource to inform, empower, and protect. Policy manual: The intended audience is a supervisor or HR professional, and it's used when more information is needed to understand rules or processes in greater detail.
Generally speaking, an employee handbook is not a legally binding contract unless it explicitly states that it is. However, certain statements in the handbook can be interpreted as contractual promises if they are specific enough and imply mutual obligations between employer and employee.
Most employers are surprised to learn that California does not require companies to have an employee handbook. However, the Fair Employment and Housing Act (FEHA) requires that California employers with at least five employees distribute written harassment, discrimination, and retaliation prevention policies.
While there is no specific law on the federal level that requires employers to create an employee handbook, certain labor regulations may apply if you choose to create one.
Employee handbooks are not confidential. The National Labor Relations Board has provided guidance regarding “confidential” handbooks: they can be considered part of an employee's working conditions, which employees are generally entitled to discuss with third parties under federal labor laws.
This can be quite frustrating for employees, and unfair, as employees rely on the handbook to follow procedure and expect the employer to similarly follow the handbook rules. Unfortunately, with only extremely rare exceptions, it is not illegal for an employer to violate their own handbook policies.
There is no federal law requiring employers to have an employee handbook, but many states do require them or have laws that affect what must be included in one.
Most employers are surprised to learn that California does not require companies to have an employee handbook. However, the Fair Employment and Housing Act (FEHA) requires that California employers with at least five employees distribute written harassment, discrimination, and retaliation prevention policies.