2014 Legal Changes Trigger Employee Handbook Updates

Author: Beth P. Zoller, XpertHR Legal Editor

January 9, 2014

Changes to federal, state and municipal employment laws that took effect on January 1, 2014 have altered employers' compliance obligations. In addition, emerging trends in the workplace may trigger the revision and review of key provisions in employee handbooks.

Employers should consider updating the following policies in 2014:

  • Compensation and overtime policies. Employers should ensure that employee handbooks comply with various changes to state minimum wage and overtime laws.
  • Healthcare and benefit policies. Employers may need to update their healthcare and benefit policies based on state laws permitting same-sex marriage and the US Supreme Court's decision in US v. Windsor.
  • Family and medical leave policies. Employers should comply with the most recent amendments to the federal Family and Medical Leave Act (FMLA), which expand the military family leave provisions and incorporate a special eligibility provision for airline flight crew employees.
  • Additional leave policies. Several states and municipalities have passed laws and ordinances that provide various leaves to employees, e.g., paid sick leave, bereavement leave, military leave, volunteer emergency responder leave and domestic violence leave.
  • Equal employment opportunity policies. Employers should ensure that internal equal employment opportunity policies reflect the latest state and municipal legal changes, including possible expanded protections to: lesbian, gay, bisexual and transgender (LGBT) individuals; the homeless; the unemployed; unpaid interns; and victims of domestic violence, sexual assault and stalking.

An employer may also wish to update or to implement internal policies based on workplace trends, such as those addressing:

  • Social media use;
  • Bring Your Own Device (BYOD) or employer-owned mobile devices;
  • Drug-free workplace or drug testing practices, perhaps specifically addressing medical marijuana;
  • Workplace violence and bullying;
  • Health and safety practices; and
  • Terms of employment, including at-will disclaimers.