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California Employee Handbook Toolkit
Practical Law Toolkit w-016-1464 (Approx. 18 pages)
California Employee Handbook Toolkit
by Practical Law Labor & Employment
| Maintained • California |
Resources to help California employers create, maintain, and distribute employee handbooks or manuals for their California employees.
An employee handbook serves several important functions, including:
- Explaining an employer's workplace expectations and potential consequences for failure to comply with the employer's policies and procedures.
- Demonstrating an employer's compliance with employment laws.
- Answering common employee questions such as how mandatory paid sick leave is granted, vacation time is accrued, and when employees are paid.
- Minimizing the risk of legal claims by encouraging resolution of workplace issues through internal complaint procedures.
Employers must take steps to ensure their handbooks are well-drafted, as a poorly drafted handbook can increase an employer's financial and legal exposure. For example, both unionized and nonunionized employers can violate Section 8(a)(1) of the National Labor Relations Act (NLRA) by maintaining a policy that would "reasonably tend to chill" employees from exercising their rights under the NLRA. In addition, a court may view overly rigid disciplinary procedures as creating a contractual obligation on the part of the employer to only terminate an employee after following each step in the disciplinary process.
To create a legally compliant handbook, employers should:
- Understand which federal, California, and local employment laws apply to them.
- Know how to draft written policies in compliance with applicable laws.
In addition, employers should adopt best practices related to maintenance and distribution of their handbooks to ensure employees are informed of the most current policies.
The California Employee Handbook Toolkit provides numerous resources California employers can use to create, maintain, and distribute employee handbooks for their California employees. It includes model policies that have integrated notes with important explanations and drafting tips. The model policies are organized like a typical handbook with suggested headings. For more information on organizing an Employee Handbook, see Reviewing Employee Handbooks Checklist (CA) and Practice Note, Employee Handbooks: Best Practices: Tips for Organizing a Handbook.
For jurisdiction neutral versions of Employee Handbook policies, see Employee Handbook Toolkit. For other state handbook resources, see State Employee Handbook Toolkit.
Standard Documents
The following Standard Documents and Standard Clauses are typically included in an employee handbook.