Are employee handbooks required by law in California?

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.

What should an employee handbook contain in California?

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.

What policies does California handbook need?

Certain policies are mandatory and must be included in your employee handbook. For example, California employers must have a written harassment, discrimination and retaliation prevention policy. Including these policies clarifies for employees their rights and obligations, and protects you from potential liability.

Are handbooks legally binding?

Employee handbooks are also used as a way to protect the employer against certain claims, such as unfair treatment claims. Unless the text of an employee handbook clearly indicates otherwise, an employee handbook can be considered a legally binding document between an employer and their employees.

Is an employee handbook requirement?

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.

What are my employee rights in California?

The right to be paid fair wages for the work that is performed. The right to a work environment that is free of harassment and discrimination of all types. The right to not be retaliated against for filing a complaint against an employer.

What is required to be in an employee handbook?

The topics included in the employee handbook should cover the employer’s mission statement, equal employment opportunity statement, contractual disclaimer and at-will employment statement (where allowed), purpose of the employee handbook, and background information on the company.

Why should you have an employee handbook?

In a nutshell, it sets clear expectations for your employees while also stating your legal obligations and defining employee rights. The employee handbook can help protect your business against employee lawsuits and claims, such as wrongful termination, harassment and discrimination.

Why is a staff handbook important?

Communicates to employees The handbook outlines an employee’s general responsibilities regarding safety, reporting and timekeeping. It acts as a compass for the company’s policies and procedures. It will explain all the details about whom employees must contact when they have unscheduled absences and the timing.

Is a policy manual a contract?

The answer might surprise you! Virtually all employee handbooks contain the statement, “This handbook is not a contract.” Most employers assume with this contract disclaimer none of the policies and provisions in their employee handbook constitute a contract.

Are employee handbooks meant to deal with contractual or legal employee privileges?

An employee handbook isn’t a contract, nor is it a legally binding document. But in a legal proceeding, it helps to have one. Take, for instance, the case of an employee suing a company for allowing a culture of sexual harassment — a particularly timely example.

Do all companies have to have an employee handbook?