Important HR Policies to Have in Writing

Employers are not required to publish employee handbooks with all the company human resources policies. Rather, it is up to each employer to decide whether and when to create one. Typically, a company will consider publishing a handbook by the time it has 25 or more employees. But regardless of whether your organization has a formal handbook, there are certain HR policies that are required by law and others that would be extremely wise to have in written form.

If a policy is well developed and clearly written, it will enhance communications with employees, clarify expectations, and assist with consistency of application. These are all important factors in creating a desirable culture for your company and minimizing legal risk.

So what are some of the policies that every employer should consider?

To begin with, there are several states (including California) that require employers to have a written policy prohibiting sexual harassment. And the law goes so far as to include some of the required content of the policy, along with information about how and when it must be distributed to employees.

From a legal perspective, it is important to comply with this sexual harassment law. But even in those states where a written sexual harassment policy is not required, it is a good idea to have one anyway. If it is written and distributed properly, the policy helps set expectations for professional behavior at work and provides a process for the company to learn about conduct that may not be consistent with your conduct standards. In the end, it will help you reduce legal risk.

It's also a good idea to have a written "at will" policy (if you claim to be an "at will" employer). Without a written policy to that effect, it can be difficult to prove "at will" employment status if you are sued for wrongful termination. If you are going to write an "at will" policy, be sure that the definition of "at will employment" is very clear and unambiguous. There are thousands of court cases that resulted from incomplete or inaccurate definitions.

Another policy you'll want to consider is an Equal Employment Opportunity (EEO) policy. This is where you state your commitment not to discriminate against applicants, employees, and former employees in the terms and conditions of employment on the basis of being a member of a legally protected group (i.e., race, sex, age, disability, etc.). A good EEO policy also includes a prohibition against harassment based on any protected category. And you would also include information about how an employee can report any suspected discrimination or harassment to the company. Finally, it is an appropriate place to include your company's commitment to providing reasonable accommodations to employees and applicants under the Americans with Disabilities Act.

It's a good idea to have a policy that defines the employer's workweek and workday (for everyone or for each job category). That's because the workweek and workday help determine an employer's obligations to pay overtime wages.