Overview: In order to effectively manage employees and supervisors, employers should develop a set of work rules to govern conduct at work. These work rules can be conveyed in an employee handbook or personnel manual as well as through memos to employees and supervisors and other forms of communication. Work rules may address attendance and tardiness, dress codes, grooming and personal appearance, workplace violence, political activity, gambling, workplace dating and nepotism, the use of employer provided equipment and vehicles, monitoring of electronic communications and social media use, harassment, prohibited conduct, moonlighting and off duty conduct, and leaves and time off from work. It is necessary for employers to institute rules to ensure that employees and supervisors receive fair and consistent treatment in frequently encountered situations. Employers should make sure that employees have a clear understanding of the work rules and expectations of behavior as this will serve as a defense for the employer if issues arise.
Trends: Employers should understand that certain work rules are required based on federal, state or local law. For example, it is generally advisable and in some states even required for employers to institute a work rule that harassment is strictly prohibited. Further, the Occupational Safety and Health Act (OSH Act) as well as complementary state law require that employers implement work rules that will address employee safety and security as well as workplace violence. Employers should be aware of these requirements and make sure to comply with their legal obligations.
Author: Beth P. Zoller, JD, Legal Editor
Updated to include forthcoming amendments to lactation law.
Updated to reflect forthcoming amendments to confidentiality and settlement agreement requirements.
Updated to reflect a forthcoming amendment to the state paid family leave law.
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As mandated by the New Jersey Department of Labor and Workforce Development, covered employers must post the New Jersey Earned Sick Leave Poster.
Updated to include New Jersey Department of Labor and Workforce Development notice-posting requirement.
As recommended by the New York Department of Labor and Division of Human Rights, all New York employers should post the New York Sexual Harassment Prevention Poster.
Updated to include New York Department of Labor and Division of Human Rights notice-posting recommendation.
Updated to reflect final version of the resource following a public comment period.
HR guidance on implementing work rules that effectively address employer objectives and provide employees and supervisors with guidance as to acceptable and unacceptable workplace conduct.