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HOT TOPICS
2017
MEMBERSHIP
DIRECTORY
72
EMPLOYEE HANDBOOKS: ESSENTIAL TOOL FOR DEALERS
Considering the evolution of state and federal laws and court decisions regarding discrimination and harassment,
employee handbooks are essential and allow businesses to provide:
•
Guidance to employees about dealership policies;
•
The written notice that some policies legally require; and
•
A defense to some legal claims.
Guidance:
Employers can address a variety of subjects in an employee handbook. Handbooks should include a
description of the business’ policies concerning non-discrimination and sexual harassment; vacations; holidays;
overtime; equal opportunity; company email, telephone, and computer usage; smoking policy; and health
insurance information, among other things. Handbooks should be tailored to your business by using a customized
list of policies that meets your individual business needs.
The Best Defense:
Handbooks have taken on additional importance as a result of rulings by the Supreme Court
concerning discrimination and harassment. The Court said that if a business has policies against discrimination
and harassment and creates procedures to file complaints, it may be able to defeat a claim by an employee who
fails to follow those procedures.
Labor Law Requirements:
New York law requires some disclosures to employees to be in writing. For example,
a notice of the employer’s policy concerning unused vacation pay should be included in an employee handbook,
thus satisfying the state law and providing guidance to employees.
Note:
This item is intended to provide general
information and is not a substitute for consulting
with your attorney. Members of GNYADA’s Employee
Relations Plan (ERP) have access to legal advice
and guidance as a benefit of membership and
are entitled to discounted customized employee
handbooks. Contact GNYADA for more information
about joining ERP.