Table Of Contents
PREFACE
CHAPTER 1 INTRODUCTION
1.1 GENERAL SCOPE
1.2 ADVANTAGES AND DISADVANTAGES OF HANDBOOKS
1.3 FORMAT AND STYLE OF HANDBOOKS
1.4 ESSENTIAL PERSONNEL POLICIES
1.5 USE OF DISCLAIMERS
1.6 REVIEW BY LEGAL COUNSEL
1.7 ABBREVIATIONS AND LEGAL CITATIONS
CHAPTER 2 STATE AND FEDERAL REQUIREMENTS
2.1 OVERVIEW
2.2 APPLICABLE LABOR RELATIONS LAWS
2.3 RELATIONSHIP OF OTHER LAWS
CHAPTER 3 HANDBOOK AND POLICIES CHECKLISTS
3.1 SCOPE OF CHAPTER
3.2 SUBJECT CHECKLIST
3.3 LEGAL CHECKLIST
3.4 CHECKLIST ON FORMAT AND STYLE
CHAPTER 4 EMPLOYEE CLASSIFICATIONS
4.1 GENERALLY
4.2 COMMON CLASSIFICATIONS
4.3 ADDITIONAL CLASSIFICATIONS
4.4 PROBATIONARY AND INTRODUCTORY EMPLOYEES
4.5 PERMANENT EMPLOYEES
4.6 REGULAR EMPLOYEES
4.7 FULL-TIME EMPLOYEES
4.8 PART-TIME EMPLOYEES
4.9 TEMPORARY EMPLOYEES
4.10 PER-DIEM (“NON-BENEFIT”) EMPLOYEES
4.11 SEASONAL EMPLOYEES
4.12 ON-CALL (“STANDBY”) EMPLOYEES
4.13 EXEMPT AND NONEXEMPT EMPLOYEES
4.14 ANNIVERSARY DATES
4.15 BENEFIT CONSIDERATIONS
CHAPTER 5 COMPENSATION AND PAYROLL PRACTICES
5.1 GENERALLY
5.2 EXEMPT AND NONEXEMPT CLASSIFICATIONS
5.3 OVERTIME POLICIES
5.4 TIMEKEEPING PRACTICES
5.5 OFFICE AND WORK SCHEDULES
5.6 MEAL AND REST PERIODS
5.7 ATTENDANCE AT LECTURES, MEETINGS, AND TRAINING PROGRAMS
5.8 REPORTING-TIME PAY (SHOW-UP PAY)
5.9 MEAL, LODGING, AND TIP CREDITS
5.10 UNIFORMS, TOOLS, EQUIPMENT, AND EXPENSES
5.11 COMPENSATORY TIME OFF PRACTICES
5.12 SHIFT AND WEEKEND DIFFERENTIALS
5.13 EMPLOYEES PAID COMMISSIONS
5.14 PIECEWORKERS
5.15 WAGE AND SALARY REVIEWS
5.16 PAYROLL DEDUCTIONS
5.17 ADVANCES
5.18 DEPOSITS
5.19 GRATUITIES
5.20 WAGE GARNISHMENTS
5.21 PAYROLL PERIODS
5.22 PAYDAYS
5.23 SALARY BASIS POLICY
5.24 SEVERANCE PAY AND PAY IN LIEU OF NOTICE
5.25 PAY SCALES AND EQUAL PAY POLICIES
CHAPTER 6 EMPLOYEE BENEFITS
6.1 INTRODUCTION
6.2 ERISA AND OTHER BENEFIT LAWS
6.3 DRAFTING CONSIDERATIONS
6.4 SPECIFIC TYPES OF DISCRETIONARY BENEFITS
6.5 LEGISLATED BENEFITS
6.6 COBRA – HEALTH INSURANCE CONTINUATION RULES
CHAPTER 7 LEAVES OF ABSENCE
7.1 INTRODUCTION
7.2 PERSONAL LEAVES OF ABSENCE
7.3 MEDICAL LEAVES OF ABSENCE
7.4 NON-MEDICAL LEAVE AND TIME OFF PROTECTIONS
7.5 FAMILY AND MEDICAL LEAVES
7.6 CALIFORNIA’S PAID FAMILY LEAVE LAW
7.7 ALCOHOL AND DRUG REHABILITATION LEAVES
7.8 SPOUSAL MILITARY LEAVES
7.9 ADDITIONAL LEAVES OF ABSENCE CONSIDERATIONS
CHAPTER 8 PERFORMANCE, DISCIPLINE, AND GRIEVANCES
8.1 GENERALLY
8.2 STANDARDS OF PERFORMANCE AND CONDUCT
8.3 SAMPLES OF COMPANY RULES
8.4 PROGRESSIVE DISCIPLINE
8.5 DOCUMENTATION OF DISCIPLINARY ACTION
8.6 PERFORMANCE EVALUATION SYSTEMS
8.7 SECOND-TIER REVIEWS
8.8 GRIEVANCE AND OTHER DISPUTE RESOLUTION PROCEDURES
8.9 EXIT INTERVIEWS
8.10 INSPECTION OF PERSONNEL FILES
8.11 JOB REFERENCES
8.12 NOTICE OF RESIGNATION POLICIES
CHAPTER 9 LAYOFF AND STAFF REDUCTION POLICIES
9.1 INTRODUCTION
9.2 FORMAL VS. INFORMAL POLICIES
9.3 DEFINITION OF LAYOFF
9.4 CIRCUMSTANCES THAT GIVE RISE TO LAYOFFS
9.5 JOB PRESERVATION FACTORS
9.6 BENEFIT ISSUES
9.7 WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT
9.8 ADDITIONAL CONSIDERATIONS
CHAPTER 10 SAFETY, EFFICIENCY, AND SUBSTANCE ABUSE
10.1 INTRODUCTION
10.2 THE PROHIBITION OF SUBSTANCE ABUSE
10.3 DRUG-FREE WORKPLACE ACT OF 1988
10.4 DEFENSE CONTRACTORS
10.5 DEPARTMENT OF TRANSPORTATION REGULATIONS
10.6 OTHER FEDERAL REGULATIONS
10.7 CALIFORNIA DRUG-FREE WORKPLACE ACT OF 1990
10.8 DRAFTING CONSIDERATIONS REGARDING DRUG AND ALCOHOL POLICIES
10.9 IMPLICATIONS OF DISABILITY DISCRIMINATION LAWS
10.10 SMOKING IN THE WORKPLACE
CHAPTER 11 SAMPLE PERSONNEL POLICIES
11.1 OVERVIEW
11.2 INTRODUCTORY AND GENERAL INFORMATION POLICIES
11.3 EMPLOYEE ACKNOWLEDGEMENT FORMS
11.4 EMPLOYEE CLASSIFICATIONS
11.5 ORIENTATION, TRANSFER, AND PROMOTION POLICIES
11.6 PAYROLL, SCHEDULING, AND OVERTIME PRACTICES
11.7 BENEFITS
11.8 LEAVE OF ABSENCE POLICIES
11.9 PERFORMANCE, DISCIPLINE, AND GRIEVANCE POLICIES
11.10 LAYOFF POLICIES
11.11 SAFETY, HEALTH, AND SUBSTANCE ABUSE POLICIES
CASE TABLE
SUBJECT INDEX
About The Author
Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.
Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.
