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Employee Handbook Best Practices in 2024 and Beyond: Recent Rulings, Laws, and Enforcement Trends

Social Media Policies, Leave Updates, Confidentiality Provisions, and Other Recent Developments

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 24, 2024

Recorded event now available

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This CLE webinar will guide employment counsel on drafting or revising employee handbooks. Many topics contained in employee handbooks--such as employee leave, discrimination, sexual harassment, technology and social media, company confidentiality, employee privacy, and whistleblower/retaliation protection--have been the subject of recent legal, regulatory, and judicial developments, as well as the need to account for changes due to hybrid or fully remote work arrangements. Failure to take these and other recent changes into account can expose a company to liability. The panel will address recent developments in federal and state law that should be considered when drafting or revising employee handbooks.

Description

Employment law is continually changing, so employers (and their counsel) must regularly review and update their employee handbooks. An employer is not protected by handbook provisions that courts have struck down and regulators have nullified. This webinar will discuss recent federal and state employment law developments of which practitioners should be aware to mitigate their clients' risk.

Long-used handbook provisions have become the target of increased government scrutiny. The NLRB has challenged at-will disclaimers, confidentiality and noncompetition provisions, social media policies, abusive electronic monitoring, ambiguous and misleading language, and certain restrictions on employee communications and activity. The SEC has also implemented regulations that, in effect, discard certain confidentiality and nondisclosure provisions.

With a thorough understanding of the latest legal developments impacting employee handbooks, along with careful and strategic drafting, employment counsel can help ensure that employee handbooks legally and effectively address complex and evolving workplace issues.

Employers must also consider intersecting leave issues related to state and federal regulations, especially given the increased number of states requiring paid leave, and clarify their policies and requirements for use.

Listen as our authoritative panel provides legal and practical guidance for employment counsel to structure employee handbooks--including multistate, nationwide, and global handbooks--that minimize liability risks for the employer based on the current legal climate.

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Outline

  1. Recent developments impacting employee handbooks and policies
    1. Federal updates
    2. Notable state developments
  2. Best practices for drafting employee handbooks
  3. Special issues for multistate, nationwide, and global employers

Benefits

The panel will review these and other key issues:

  • What are the most common handbook provisions being challenged by employees and government agencies, including the NLRB and EEOC?
  • What types of prohibitions on employee communications in employee handbooks run afoul of the NLRA?
  • What challenges arise for counsel and their clients related to leave policies given the increase in state legislation requiring paid leave? How may leave best be addressed in handbooks, especially for multistate employers?
  • What are best practices for drafting handbook provisions to mitigate unintended legal liability?
  • What are unique drafting challenges for multistate and global employers? How can these be addressed by counsel when advising their clients?

Faculty

Chase-Sosnoff, Emily
Emily Chase-Sosnoff

Partner
FordHarrison

Ms. Chase-Sosnoff focuses her legal practice on providing counsel and representation to management clients in matters...  |  Read More

Turner, Sarah
Sarah N. Turner

Partner
Gordon Rees Scully Mansukhani

Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment,...  |  Read More

Walker, Renate
Renate M. Walker

Attorney
Seyfarth Shaw

Clients look to Ms. Walker for practical guidance to implement effective strategies and resolve the legal and...  |  Read More

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