by Jacqueline Hopkins, 12.4.2023

It’s that time of year again when companies review their employee handbooks and begin making updates that will be effective in the new year. Throughout this week, we are highlighting reasons you should probably contact a lawyer when it’s time to review your handbook.

Some companies update their handbooks annually while others only do it when necessary to reflect changes in employment law, or to address pain points the company dealt with during the year. Regardless of the reasons, if your company’s handbook is more than five years old, it is probably outdated.

Employment laws are always evolving. For instance, this year, the National Labor Relations Board (NLRB) significantly narrowed the definition of an independent contractor which, in turn, broadened the circumstances in which a contract worker might be considered an employee. The NLRB also issued a final rule that expands the factors used to determine joint employer status, thus creating employer relationships that previously would not have existed. The Consumer Financial Protection Bureau (CFPB) released an updated “Summary of Your Rights Under the Fair Credit Reporting Act” notice that employers are required to use before conducting background checks. The new notice must be provided to applicants and employees when conducting background checks and before taking an adverse employment action in response to a background check. An attorney will understand the implications of these changes and ensure that your company’s handbook, policies, and contracts are updated accordingly.

If you know that an update for your company’s handbook is past due or you have to wipe the dust off the one on your shelf, or you can’t find the one that was on your shelf, we can help.