Tips Regarding Employee Handbooks

It is important that your employee handbook is custom drafted so that the policies fit within your business goals and generally only include laws that apply to your business size.  Generally the employment laws that apply to your business is dependent oftentimes on the number of employees, your geographic location, the amount of revenue, and whether or not you are involved in interstate commerce. For example, most “small” businesses believe they are subject to the federal Family and Medical Leave Act (FMLA), but FMLA only applies to employers with fifty (50) or more employees.

Here are some quick tips:

Are you aware that you can inadvertently create a contract employee rather than an at-will employee through the wording in your employee handbook?  It is vital and prudent that you have an experienced business attorney review your employee handbook prior to providing it to your employees.

Are you aware that as a Minnesota employer, you are required to provide a job applicant upon hire written notice of his or her right’s and remedies regarding review and access to his or her personnel file?  Putting written notice in the employee handbook is one way to make certain that notice is provided (as an employee handbook needs to be provided immediately upon hire).

Are you aware that every Minnesota employer must generally provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child and the employer must make reasonable efforts that conforms to Minnesota law for the type of room/location the employee uses to express breast milk?  Several of Minnesota’s employee laws apply to employers with just one employee, and it is essential that your business is following Minnesota employment laws.

Are you aware of the strict laws regarding alcohol and drug testing of job applicants and employees? Providing written notice that is required to comply with alcohol and drug testing statutes in your employee handbook allows you to comply with the law.

Are you aware of the specific laws in Minnesota regarding leave, such as leave to attend military ceremonies, pregnancy and parenting leave, and school conference and activities leave? The laws regarding leave that apply to your company depends on several factors, which an experienced business attorney can help you determine the laws that apply to your business.

Spangler and de Stefano, PLLP are experienced business attorneys that can help your business with a well-drafted employee handbook.

The material contained herein is for informational purposes only, and is not intended to create or constitute an attorney-client relationship between Spangler and de Stefano, PLLP and the reader. The information contained herein is not offered as legal advice and should not be construed as legal advice.