Employee Handbooks - Work Rules - Employee Conduct
Page Contents
- Federal
- Summary
- Guidelines for Employee Handbooks, Work Rules and Policies
- Communicating Work Rules
- Policies
- Procedures
- Work Rules
- Implementing Policies, Procedures and Work Rules
- Purpose of Employee Handbook
- Types of Workplace Rules
- Attendance and Tardiness Policies
- Employee Rights and Responsibilities
- Management Rights and Responsibilities
- Employer Work Rules and Policies
- Harassment Policies
- Nondiscrimination and Affirmative Action Policies
- Benefits Policies
- Family and Medical Leave Act (FMLA) Policy
- Wage and Hour and Compensation Policies
- Policies Regarding Temporary Leaves
- USERRA and Military Leave Policies
- Consolidated Omnibus Budget Reconciliation Act (COBRA) Policy
- Privacy Policies
- Electronic Monitoring Policies
- Smoking Policies
- Solicitation Policy
- Disciplinary Policies
- Policies on Drugs and Alcohol
- Policies on Safety and Workers' Compensation
- Policies on Education or Tuition Reimbursement
- Credit Union Participation Policy
- Code of Ethics
- Policies on Competition, Confidentiality and Intellectual Property
- Policies Regulating Employee Dress, Grooming and Personal Appearance
- Work Rules Concerning Political and Charitable Activity and Employee Expression of Views
- Political Activity
- Constitutional Protections
- Lobbying and Political Campaigning at Work
- Charitable Activity
- Employer Sponsorship of Charity
- Employee Support for Charity
- Solicitation and Distribution
- Union Activities
- Work Rules Concerning Employee Codes of Conduct, Ethics and Conflicts of Interest
- Employee Codes of Conduct
- What the Code of Conduct Should Include
- To Whom the Code of Conduct Should Apply
- Who Administers the Code of Conduct
- Focus on Legal Compliance and Avoidance of Criminal Conduct
- Ethical Conduct and Legal Compliance
- Conflicts of Interest
- Protecting Employer Assets and Confidential and Proprietary Information
- Promoting Ethical Behavior
- Work Rules Concerning Personal Relationships and Personal Activities
- Dating and Romantic Relationships
- Enacting Dating and Fraternization Policies
- Love Contracts
- Nepotism and Employment of Relatives
- Visitors in the Workplace
- Office Parties and Work Related Social Functions
- Celebrating Employee Birthdays
- Employee Decorations in Office/Cubicle Areas
- Work Rules Concerning Smoking, Alcohol and Drug Use
- Smoking
- Alcohol and Drug Use
- Drug-Free Workplace
- Recognizing Substance Abuse
- Counseling and Employee Assistance Programs
- Drug Testing
- Medical Use of Drugs
- Work Rules and Policies Addressing Workplace Violence
- Reasons for Having an Effective Workplace Violence Prevention Policy
- OSHA's General Duty Clause and Requirements Concerning Workplace Violence
- OSHA's Inaugural Written Enforcement Directive
- Common Law Claims of Negligent Hiring/Supervising/Retention
- Defining Workplace Violence
- Victims of Workplace Violence
- Minimizing Employer Liability Through Workplace Violence Prevention Programs
- Engineering Controls
- Administrative Controls
- Threat Assessment Team
- Implementing an Effective Workplace Violence Prevention Policy
- Employer Response to Incidents of Workplace Violence
- Work Rules and Policies Regarding Horseplay
- Policies Addressing Horseplay and Altercations
- Disciplining Employees for Horseplay
- Work Rules Concerning Bullying and Harassment
- Risks of Workplace Bullying and Harassment
- Employer Liability for Workplace Bullying and Harassment
- Minimizing Employer Liability for Bullying or Harassment
- Work Rules Regarding Use of Employer Equipment, Vehicles and Communication Systems
- Proper Use
- Distinguishing Between Working Time and Nonworking Time
- Penalties and Discipline
- Safety Considerations
- Employer Right to Monitor Use of Employer Property
- Equipment and Communications Systems
- Employer-Provided Vehicles
- Privacy and Security Considerations
- Bring Your Own Device (BYOD)
- Prohibited Conduct
- Sleeping and Loafing
- Incompetence and Negligence
- Insubordination, Discourteous and Disrespectful Conduct
- Fraud and Falsifying Documents
- Theft
- Gambling
- Work Rules Regarding Off Duty Conduct
- Types of Off Duty Conduct
- Arrest or Conviction of Crime
- Drug and Alcohol Use
- Moonlighting and Outside Employment
- Offensive Behavior
- Discipline
- Restrictions on Discipline
- Work Rules Regulating Employee Dress, Grooming and Personal Appearance
- Appearance Expectations and Standards
- Types of Dress Code Policies
- Uniformed Workforce
- Strategies for Dealing With Dress Code Violations
- Employer Considerations
- Gender
- Religion
- Disability
- Sexual Orientation
- Work Rules Regarding Employee Work Schedules and Shifts
- Work Hours and Workweek
- Regular Work Hours Versus On Call Hours
- Break Times and Meal Times
- Regular Payday
- Work Rules Regarding Attendance, Tardiness and Timekeeping
- Laws Affecting Absenteeism and Attendance
- Family and Medical Leave Act (FMLA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Americans with Disabilities Act (ADA)
- Title VII of the Civil Rights Act of 1964
- State Workers' Compensation Statutes
- Jury Duty and Court Appearances
- Arrests and Imprisonment
- Causes of Absenteeism
- Sickness
- Occurrences Versus Days
- Presenteeism
- Lateness
- Employer Policies
- Monitoring Employee Attendance and Timekeeping
- Attendance Policies
- Communication of Policy to All Employees
- Dealing With Habitually Absent or Habitually Late Employees
- Recognizing Protected Absences for Disabilities or Other Conditions
- Attendance Incentive Programs
- Warning
- Future Developments
- Additional Resources
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Federal
Theresa Donahue Egler, Jennifer Rygiel-Boyd and Ryan T. Warden, Ogletree Deakins; (Work Rules Concerning Employee Codes of Conduct, Ethics and Conflicts of Interest; Work Rules and Policies Addressing Workplace Violence; Work Rules and Policies Regarding Horseplay; Work Rules Concerning Bullying and Harassment).
Authors: Jason Habinsky, Hughes, Hubbard & Reed LLP; (Guidelines for Employee Handbooks, Work Rules and Policies; Work Rules Concerning Political and Charitable Activity and Employee Expression of Views; Work Rules Regarding Use of Employer Equipment, Vehicles and Communication Systems; Prohibited Conduct; Work Rules Regarding Off Duty Conduct; Work Rules Regulating Employee Dress; Grooming and Personal Appearance; Work Rules Regarding Employee Work Schedules and Shifts; Work Rules Regarding Attendance, Tardiness and Timekeeping).Summary
- Employers should develop employee handbooks to notify employees of workplace rules, policies and procedures, which set expectations for employee conduct. Handbooks should be written in simple language, kept up-to-date, modified to reflect variations among different employees and universally distributed to all employees. There are a variety of different workplace rules, policies and procedures that should be included in an employee handbook. See Guidelines for Employee Handbooks, Work Rules and Policies.
- It is important for employers to develop a code of conduct, also called a code of business conduct or code of ethics, which is applicable to all employees. Codes of conduct serve to promote an organization culture encouraging ethical conduct and a commitment to compliance with the law by defining standards of behavior expected of employees. Employees should be encouraged to report actual or suspected violations without fear of retaliation, and individuals who violate the code may be subject to discipline. See Work Rules Concerning Employee Codes of Conduct, Ethics and Conflicts of Interest.
- Employers should plan for potential conflicts of interest among employees, customers and clients. In doing so, employers should develop confidentiality, ethics and whistleblowing policies. See Work Rules Concerning Employee Codes of Conduct, Ethics and Conflicts of Interest.
- Employees will inevitably form personal relationships in the workplace. While not illegal, personal relationships can be problematic and give rise to employer liability. Accordingly, employers should establish work rules to ensure that all employees adhere to the same standards and engage in appropriate conduct at work. See Employee Dating and Romantic Relationships.
- Personal relationships that should be addressed by work rules range from dating and romantic relationships among co-workers to employing family members as co-workers. See Employee Dating and Romantic Relationships.
- Employers should also establish work rules and policies regarding employees personal activities, such as having visitors in the workplace, celebrating birthdays and other milestones at work, requiring appropriate conduct at work functions and parties, and using employer time and/or equipment for personal reasons. See Work Rules Concerning Personal Relationships and Personal Activities; Work Rules Regarding Use of Employer Equipment, Vehicles and Communication Systems.
- It is important for an employer to implement policies and work rules designed to minimize the risk of, protect employees from and ensure the employer's proper response to incidents of workplace violence. See Work Rules and Policies Addressing Workplace Violence.
- To ensure employee safety and to avoid liability, employers should implement work rules and policies addressing horseplay, bullying and harassment. See Work Rules Regarding Workplace Violence, Horseplay and Harassment.
- Employers may limit employee use of employer equipment, vehicles and communications to proper business purposes for both privacy and security reasons. See Work Rules Regarding Use of Employer Equipment, Vehicles and Communication Systems.
- Generally, employers should detail and publish what type of conduct will and will not be permitted in the workplace and outside of work, so that employees can comply with these requirements. See Work Rules Regarding Off Duty Conduct; Prohibited Conduct.
- Employers may institute policies regulating employee dress, grooming and personal appearance and develop standards that apply equally to all employees. See Work Rules Regulating Employee Dress, Grooming and Personal Appearance.
- Employers should also ensure conformance with federal guidelines regarding work schedules. See Work Rules Regarding Employee Work Schedules and Shifts.
- Some federal statutes explicitly regulate employee absenteeism and attendance. Employers should develop policies to address employee tardiness and timekeeping. See Laws Affecting Absenteeism and Attendance.
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The following states have additional requirements for this topic under applicable state law.
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