In The News
The Press of Atlantic City: Attorney explains why employers need employee handbooks
By ERIK ORTIZ Staff Writer | Posted: Saturday, March 13, 2010
Some rules are obvious: Don’t use drugs or alcohol.
Others are occasionally broken: No personal cell phone calls. No using the Internet to check your Facebook page.
And some you wish you could change: You can’t wear jeans, T-shirts or distracting jewelry.
Ah, the employee handbook — packed with information and a lot of dos and don’ts that employees may not give much thought to after orientation at a new job. But, employers insist, it’s good to have a complete understanding about what the company requires.
And for employers, it is just as critical to keep the handbook up to date, attorneys and insurance specialists say.
At a related seminar this month at the Linwood Country Club, attorney Eileen Muskett explained the importance of the manuals and the legal troubles employers can find themselves in if they fail to include certain topics — or fail to have employee handbooks at all.
“In New Jersey, it’s not enough just to have a policy,” said Muskett, a partner with Cooper Levenson in Atlantic City who specializes in employment litigation and preventative maintenance. “You have to let employees understand it, you have to enforce it and you have to have an appropriate setting where employees can talk about it.”
So what’s at the top of Muskett’s must-address list for a handbook?
A section on harassment is necessary, she said, because it can lead to unwanted litigation, including against the employer. Handbooks need to not only explain that harassment is not tolerated in the workplace, particularly as it relates to discrimination, but also provide employees with the proper procedure to report it.
A close second are wage and hour rules, which should tell workers about their work schedules and when they get paid. Muskett said it also is essential to discuss break policies. There are instances when employees will clock out for lunch but end up eating at their desk and still doing work.
“They’re not supposed to be doing that,” she said, adding that she has seen an increase in fines of wage and hour violations brought against employers, some as high as $5,000.
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