2015 GNYADA MEMBERSHIP DIRECTORY

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2015 GNYADA Membership Directory

EMPLOYEE HANDBOOKS: ESSENTIAL TOOL FOR DEALERS

At one time, labor lawyers opposed the use of employee handbooks. However, considering the evolution of

state and federal laws and court decisions regarding discrimination and harassment, the prevailing sense

today is that employee handbooks are essential and provide very specific benefits, allowing businesses to

provide:

•

Guidance to employees about your policies,

•

A defense to some legal claims, and

•

Legally required written notices of policies to your employees

Guidance:

Employers can address a variety of subjects in an employee handbook, and should include a

description of the business’ policies concerning its non-discrimination and sexual harassment policies,

vacations, holidays, overtime pay, 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 an 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.

So, 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 privilege of membership and

are entitled to discounted customized employee

handbooks. Call Susan Bieber, Esq. at GNYADA for

more information about ERP.