Personnel Policies and Practices FAQ

Any organization’s effective operation and governance rely on clear personnel policies and practices. Employment policies are guidelines that define employer-employee relations. Moreover, it ensures compliance with the legal mandates, promotes fairness and fosters employee relations, and ensures uniformity and consistency at the workplace. The answers to commonly asked questions below about personnel, policy, and practices provide insights that guide the development of effective workplace policies.

This resource is a valuable starting point. However, certain situations could require expert legal counsel. If you want further legal guidance on personnel policies and practices for your San Diego company, call Empower Sexual Harassment Attorneys for assistance.

Why Are Written Personnel Policies Non-Negotiable for California Businesses, and What Are the Risks of Neglecting Them?

Although California law does not require businesses to have written personnel policies, these policies are necessary for compliance and legal protection. Without these, compliance issues can arise. They should be tailored to meet the company’s needs and help reduce risk. Verbal agreements can be open to interpretation and difficult to prove. On the other hand, written policies provide a clear and defensible framework for the employer-employee relationship, a crucial component in a state with complex and employee-friendly laws. A business can be sued and fined heavily for not having well-written policies. Your business policies serve an important function. Policies are imperative for almost every business, especially those with employees. They help ensure compliance and minimize areas of legal risk.

Personnel policies refer to the terms and conditions of employment. In many companies, these policies are compiled in an employee handbook. These guides present the fundamental blueprint for how an organization manages its employees. It defines:

• The conditions and terms of employment
• Rules of conduct
• The company’s expectations
• Employment benefits and procedures

The difference between written and oral policies is significant. It is challenging to prove verbal promises because they are inherently ambiguous. A written policy that is well-drafted and acknowledged will serve as tangible evidence of what someone conveyed and agreed to. This is essential for building legal defenses against employee claims. Courts often review written policies to determine the employer’s intentions and the employment terms. Without this documentation, businesses will find it almost impossible to defend their actions.

Establishing written policies also promotes equity and fairness in the workplace. Having clear rules for workplace conduct helps to enhance worker morale. It helps to ensure that all employees know and are on board with the same rules and expectations. It also helps to reduce perceptions of and actual instances of arbitrary or discriminatory treatment. This consistency benefits employee morale and is a good defense against unfair practices.

Not having written personnel policies can be costly to the bottom line and damage your reputation. Moreover, you could face additional risks, including:

• Lawsuit risk — Without any policy regarding these issues, like salary and hours, leaves, discrimination, and harassment, businesses could face larger lawsuits. When employees misunderstand their rights or what their employers expect, they often sue. Wage and hour claims are especially prevalent and expensive.
• Exposure to PAGA Actions — Employees could file suit on behalf of the state for Labor Code violations under the Private Attorneys General Act (PAGA). Without documented evidence, companies without policies and procedures expose themselves to potentially huge PAGA penalties with no cap, ranging from $100 to $1,000 per employee for each pay violation.
• Difficulty in legal defense — Having no written policy makes defending against employee claims or allegations difficult. Without adequate documentation to support any decision or action taken, as an employer, you will be hard-pressed to disprove claims of wrongful termination, discrimination prohibited under California’s Fair Employment and Housing Act (FEHA), and other labor law violations.
• Inconsistency in application — This occurs when no written documents exist. Thus, managers and supervisors use them differently. Without clear workplace policies, pay, or promotions can result in unfair treatment and discrimination claims.
• Lower employee morale and increased turnover — One significant disadvantage of having unclear company policies is that it can lead to lower employee morale and increased turnover. When issues are not distinctly decided, it creates confusion, frustration, and a sense of unfairness among the employees.

It is smart for a business to have its personnel policy written and updated regularly. It provides a good defense if a legal challenge is made and helps create a more predictable, even-handed workplace.

What Key Compliance Areas are Legally Required in Employee Handbooks?

Employers need to have employee handbooks that carefully cover basic compliance areas so they can comply with the state’s strict laws. There is a legal need and strong defense requirement for clearly defined at-will, equal employment opportunity (EEO), anti-harassment, and complaint procedures policies.

The statement on at-will employment in the handbook must make clear that the employee is employed for no specified term and may be terminated at any time, with or without cause or notice, by either the employee or the employer. The statement should be qualified because of judicial and legislative exceptions, like implied contracts, public policy violations, and anti-discrimination or retaliation laws. This clarifies that the at-will nature does not supersede written agreements or employees’ rights established in state or federal law.

The Fair Employment and Housing Act (FEHA) requires a complete EEO and anti-discrimination policy. This policy should express the employer’s commitment to equal employment opportunities and prohibit discrimination and harassment based on all protected characteristics recognized by FEHA. These characteristics include, but are not limited to:

• Race
• Colour
• National origin
• Ancestry
• Religion
• Creed
• Age (40 and over)
• Physical disability
• Mental disability
• Medical condition
• Genetic information
• Marital status
• Sex
• Gender
• Military and veteran status
• Requests for protected leaves

The policy must be clear and straightforward and should be circulated to all employees.

The required Anti-Harassment Policy under FEHA must appear in a separate section. It has to describe prohibited harassment, including sexual harassment and abusive conduct, and define all protected categories. It must clearly outline an internal complaint procedure, encouraging employees to lodge complaints freely. The policy should state that punishments will be meted out for interfering with the reporting or investigating of the harassment. It should also refer to the mandatory harassment prevention training provided by the employer.

Furthermore, the handbook must include complaint and investigation procedures. This section should provide step-by-step guidance on how employees can report violations of EEO, anti-discrimination, and anti-harassment policies, including multiple reporting avenues like supervisors, HR, and designated third parties. It must indicate that all complaints will be taken seriously, investigated promptly and thoroughly, and handled with confidentiality. A vital step to ensure that issues are fixed quickly and to reduce liability is to have an established and well-defined process.

What are California Employers’ Obligations Regarding Employee Accommodations and Leave of Absence?

Employers are required, both under federal and state law, most notably the Fair Employment and Housing Act (FEHA), to accommodate employees and provide them with a leave of absence. Employee handbooks should provide detailed, accurate policies to help navigate complexities and minimize legal risks.

Under the FEHA and the Americans with Disabilities Act (ADA), employers must reasonably accommodate qualified applicants and employees with physical or mental disabilities and those with sincerely held religious beliefs, unless doing so would impose an undue hardship. When the employee requests a disability accommodation, an obligation arises for the employer to engage in the interactive process. This is a dialogue between the employer and employee, which is timely and in good faith. Through this, the employer and employee can find effective accommodation promptly to allow the employee to perform the essential functions of their job. It is vital to document each step taken from the request to the decision and implementation of the measure. This documentation could help establish that steps were taken in compliance with the law and defend against claims of failure to accommodate.

Employers must provide several types of leaves of absence mandated by California law, and detailed policies explaining these entitlements are key. Key leave laws include:

• California Family Rights Act (CFRA) — This law gives an eligible employee the right to take up to 12 workweeks of job-protected leave over 12 months for his/her serious health condition, to care for a family member’s serious health condition, or to bond with a new child. To be eligible, the employee must have worked for the employer for 12 months and 1,250 hours in the prior year, so long as the employer has five or more employees.
• Pregnancy disability leave (PDL) — This applies to employers with five or more employees and provides up to four months of leave to people disabled by pregnancy, childbirth, or related medical conditions. PDL and CFRA leave are two different benefits. Personnel can take them one after the other, but not simultaneously.
• Paid sick leave — Employers have to provide paid sick time to employees for use in their illness or the illness of a family member, often referred to as kin care. Kin care allows using some employees’ accrued sick leave for family members. Workers are generally entitled to at least 40 hours, or five days, of paid sick leave per year. However, under local ordinances, workers may be eligible for more.
• Other leaves — California law also addresses other leaves, including jury duty, witness duty, and leave for victims of crime.

The handbook policies describing each applicable leave must state:

• The eligibility criteria for leave
• The period of leave available
• The notice that employees must give and
• What the employer must do in terms of job protection and benefit continuation

Due to the complexities and possible overlap between state and federal leave laws like the FMLA, the language on policies must be precise to avoid confusion. Employers who do not adequately address accommodation and leave obligations in their written policies become significantly more vulnerable to audits, administrative claims, and lawsuits.

How Can Policies Guarantee Adherence to California Wage-Hour Requirements and Various Other Operational Expectations?

Businesses need detailed policies to help them meet the state’s requirements to operate, particularly regarding wage and hour laws, workplace safety, employee behavior, and technology use. When your policies set expectations, they provide substantial proof of your commitment to compliance with the legal requirements, as well as helping you reduce the risk of an expensive Private Attorneys General Act (PAGA) action.

It is vital to comply with California’s strict wage and hour laws. The handbook must specify the meal and rest break policies. The timing and lengths must be confirmed. Specifically:

• A 30-minute unpaid meal break must be provided for any shift over five hours, beginning before the end of the fifth hour of work.
• Should the shift exceed 10 hours, a second 30-minute unpaid meal break shall be provided no later than the end of each 10-hour work period.
• Every employee working more than two hours a day must get a policy-allocated paid rest break of 10 minutes after every four hours.

Policies should state whether missed breaks earn premium pay and under what conditions meal breaks may be waived. Every employer’s overtime policies must state the applicable rate or rates for all hours worked more than eight in a day or 40 in a week and for hours worked on the seventh consecutive workday. For employers to determine the proper pay and hours their employees record, they must have accurate timekeeping policies. These policies will provide details on recording all hours worked, including starting and quitting times. Policies must provide compliant wage statements that state the itemized information required by the Labor Code and the Division of Labor Standards Enforcement (DLSE). Employers face heavy liability and PAGA penalties for any failure in these areas.

Under Cal/OSHA, California mandates a comprehensive workplace safety policy. This is usually done via the Injury and Illness Prevention Program (IIPP). The policy should state the employer’s commitment to safety, assign responsibilities, identify and correct hazards, cover accident investigation, and ensure effective employee training on safety practices applicable to their jobs.

Clearly defined employee conduct and discipline policies ensure a good working environment. These guidelines should:

• Lay out expected conduct
• Reiterate EEO policies and prohibited conduct, for example, harassment and discrimination, and
• Outline the disciplinary process

Even with employment-at-will, the policies could describe a progressive discipline system, and the goal is to promote fairness and consistency and ensure thorough documentation of performance issues or misconduct and the resulting corrective actions.

Due to increasing technology use, all organizations must have technology use and privacy policies. The measures should cover the acceptable use of the company’s equipment and network, and what data may or may not be private. For example, the Consumer Privacy Act (CCPA) provides employees certain rights concerning their data, monitoring of employees, with appropriate notice, and handling confidential data.

Given the changing laws regarding employee privacy and surveillance, these policies should be implemented after careful consideration.

How Can Employers Properly Implement, Communicate, and Enforce Compliant Personnel Policies?

California employers face a monumental task of effectively administering, communicating, and enforcing a compliant personnel policy. Due to the state’s ever-changing and often complicated nature of employment law, proactive and diligent efforts are not only best practice but a must.

Customize Your Employee Handbook

Employers must make several decisions during business, and one of those decisions is how to draft their employee handbook and policies. Although do-it-yourself templates and online resources may appear cheaper, they pose significant risks. State laws are particular and change often. Thus, generic templates could already be out-of-date or non-compliant from the outset. You should engage experienced employment legal counsel to draft or thoroughly review your employee handbook and policies.

Attorneys can customize policies based on your business and compliance with all applicable federal, state, and local laws. This includes all nuances around wage and hour and leave laws and protected classifications. This initial investment can help you avoid costly lawsuits later.

Distribute the Handbook and Secure Acknowledgment

Once a handbook is drafted, you should distribute it effectively and obtain employee acknowledgment. Simply making the handbook available is often insufficient. Best practices for distribution include providing the handbook to all new employees at the time of onboarding and distributing updated versions to all employees whenever key changes are made. When possible, provide information in a range of formats. For example, hard copies and electronic versions are available by email, company intranet, or HR portal.

If sending electronically, be sure all employees have reliable access to it. Obtaining a signature on the acknowledgment form is important proof that the employee received a copy of the handbook, was able to read it, and understands their obligation to comply with the handbook. The acknowledgement form must state that the handbook is not a contract of employment and that employment is ‘at-will’ if applicable in your workplace. Keep a signed acknowledgment form in each employee’s personnel file. Obtain a signed acknowledgment if the handbook is updated.

Training for Employees and Managers

Companies must train certain employees and managers on important company policies to ensure the company runs smoothly. The law mandates that employers with five or more employees provide harassment prevention training to supervisory employees for two hours and to non-supervisory employees for one hour every two years. Newly hired and promoted supervisory employees must be trained within six months. The training must be interactive and cover specific topics related to harassment based on gender identity, gender expression, and sexual orientation, as well as preventing abusive conduct.

Moreover, employers need a workplace violence prevention plan and training for workers on this plan. While it might not always be required by law, training on other critical policies like wage and hour rules, leave policies, and workplace safety could prevent misunderstandings and compliance issues.

Ongoing Policy Review and Legal Updates

Always review and update your company’s policies to remain compliant with California’s employment regulations, which are regularly changing via new laws, judicial decisions, and regulatory changes. Failing to update your policies might put your business at risk of litigation. Your employee handbook and policies should be reviewed annually to address changes introduced in the last legislative session.

Moreover, revise and update your policies when significant changes occur with federal, state, or local employment laws affecting your workplace or when your business practices or benefits change. Inform employees about any changes in policy and give them written communication. Also, specify the shift and the reason for the change. It may be useful to convene meetings or provide training on any significant changes, particularly those impacting the rights or obligations of employees. Moreover, obtain signed acknowledgments of updated handbooks.

Use experienced HR practitioners and, most importantly, employment legal counsel. Their experience relating to the state-specific legal requirements is priceless. Whoever is involved in the development and delivery of your policies earns trust. You will receive legally sound policies that are easy to communicate, which drive a more compliant workplace.

What Are the Ultimate Benefits of Robust Personnel Policies for Employers?

For employers, well-written and consistently applied personnel policies are more than just bureaucratic formalities. They are tools that afford critical legal protections and help create a positive and productive workplace based on trust. Having these measures not only helps to comply but ultimately strengthens a company’s defense against litigation and attractiveness to future talent.

Employers that have well-written and consistently enforced personnel policies provide legal protections and create a culture of trust in the workplace. The final advantages go beyond meeting basic requirements. They can enhance a company’s litigation defenses and recruitment and retention practices. Since California’s employee-friendly laws expose employers to a greater risk of FEHA lawsuits for discrimination, PAGA lawsuits for wage and hour issues, and wrongful termination lawsuits, you may want legal help. Strong staff policies act as a critical front line of defense by:

• Demonstrating compliance — When you have written policies that reflect your commitment to equal employment opportunity or non-discrimination and proper wage and hour practices, these are demonstrable evidence of your intent to comply with the law.
• Setting expectations — Handbooks and policies communicate employees’ rights and obligations and the company’s procedures for addressing problems or reporting wrongdoing. Being able to capture this information can be integral in rebutting claims where a staff member alleges unawareness of policies or reporting mechanisms.
• Supporting employment decisions — Documented policies related to performance standards, discipline procedures, grounds for dismissals, and backup employment decisions. If executed correctly, the documentation would be a powerful defense against wrongful dismissal claims.
• Mitigating damages — Although no policy can stop all lawsuits, having a clear, compliant policy and being able to prove it could result in less liability and a lower damage award against an employer in litigation. Recent legislation regarding PAGA permits employers to reduce penalties if they show evidence of steps taken to ensure compliance with documented policy training.

In the courtroom, solid personnel policies have a far-reaching impact. They help create a suitable environment for the work and enhance productivity by:

• Promoting fairness and consistency — Policies and procedures are important to provide people with fairness and consistency. Everyone will know what to expect concerning the rules, individual expectations, and opportunities. It prevents favoritism and arbitrary decision-making.
• Building employee trust — When employees know the rules of engagement, believe the policies are being applied consistently, and understand the straightforward process to address any issues, there will be trust in leadership and the organization.
• Improving employee morale and engagement — Making sure that policies are transparent, fair, and applied consistently creates a workplace conducive to increased employee morale and engagement. Employees who feel respected and valued are more likely to be motivated and committed.
• Attracting and retaining talent — A company with transparent, fair, and comprehensive personnel policies attracts talent and is likely to keep them in a competitive job market.

Find a Harassment Attorney Near Me

Creating personnel policies that are clear, compliant, and cost-effective is a smart way to ensure security and trust among your workers. With workplace policies and procedures in place, you can protect yourself against legal claims and provide a fair workplace. Expert legal advice is critical, especially with California’s harassment prevention laws being so complex.

You should not leave your business defenseless. Proactive policy management is your best weapon. Make sure that your policies are airtight and your training is state-compliant. Contact Empower Sexual Harassment Attorneys today at 619-604-3027 to safeguard your workplace and foster a culture of respect.