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An employee handbook should include your business's policies, your expectations of your employees, and what your employees can expect from your business. It should lay out your legal obligations as an employer and your employees' rights.
California does not view employee handbooks as contracts under most circumstances, but other states do allow handbooks to substitute for contracts. For example, in Arizona, the state supreme court ruled that employers cannot change the employee handbook without the agreement of the employees.
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.
There is no law that requires your company to have an employee handbook. There are, however, federal and state laws that you need to follow, and the best way to demonstrate that you're following them is with policies in an employee handbook. In addition, your employees should be able to easily access those guidelines.
Are employee handbooks a legal requirement? Employee handbooks are not a legal requirement on their own. However, it is a legal requirement for employees to be made aware of all company policies, and handbooks are one of the easiest ways to achieve this.
While the law in California does not require businesses to create or distribute employee handbooks, the law does require every business to memorialize certain workplace policies in writing.
An employee handbook can be a valuable communication resource for both the employer and the employee. It provides guidance and information related to the organization's history, mission, values, policies, procedures and benefits in a written format.
Failing to have a manual and HR policies is not illegal it's just irresponsible. If your employer does not provide you with clear-cut employment policies, ask what is expected of you. Record any wrongdoing within the company.
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.
At a minimum, your employee handbook should contain:Set expectations about employee behavior in the workplace, including conduct that supports EEOC rules.An anti-sexual harassment statement and processes to file complaints about sexual harassment.Leaves of absence/sick leave rules.Incentive and bonus policies.More items...?