Among all of the steps a business owner will make, hiring employees can be one of the biggest, especially for those doing business in Massachusetts. As a small law firm that helps families and business owners alike in wealth succession and asset management, we know this from practical experience. For the sole proprietor especially, hiring an employee not only means creating a payroll and withholding taxes, but also laying a foundation for consistent company policy. This, in addition to shielding the business from liability, is why an employee handbook can be so important. Below we have listed some considerations that Massachusetts employers often consider.
Employee Definitions
At the outset, each employee should know who he or she is with respect to your business. Distinctions must be made between permanent and contract employees, for example, to set expectations on benefits etc. Likewise, the differences between full and part time employees may affect the benefits due under Massachusetts law. Whatever needs a business may have in terms of a workforce, those employees also have a need to know what their status is within the company.
Define the Work Week
On a similar note, employees should have as concrete a definition as possible regarding what the typical operating hours of a business will be. They need to know what shifts they will be called upon to work, whether they need to arrive early, and policies about arriving late. Other subjects covered include compensation related to overtime, whether flexible work hours are available, and vacation and sick day policies. The point of all this is to make sure the business owner has enough employee coverage at all times, and that each employee understands his or her obligation related to that employer’s needs.
Employee use of email and internet
As with many different policies included in a Massachusetts employee handbook, this one serves the employer in at least two ways. Employee productivity is probably the most obvious under this provision, since access to the internet is often part of the employee’s job, and it is very difficult for the employer to monitor and differentiate work-related activities from personal activities, especially with respect to inappropriate content. Informing the employee of his or her burdent to adhere to such a policy, along with the potential consequences of a violation is therefore usually a wise decision.
Another part of this policy listed in the employee handbook will be related to the liability of the employer with respect to an employee’s communications, and disclaimers contained on each email. The employer should also clearly alert all employees to the fact that all communications made using business resources are the property of the business, and that there should be no expectation of privacy.
Dress Codes, Hygiene and Appearance
Particularly in a customer service or client-centered business, clothing worn by employees have a major impact on the success of the business. In a professional office, businesses want employees to be clean shaven and dressed in business attire to instill confidence that the office is respectable and competent to clients. In other service oriented companies, a particular uniform may also convey professionalism to customers, but also will help customers identify who is working in the establishment at all!
Lastly, setting guidelines for the appearance of employees helps to set the stage for the employees’ working environment altogether. Proper dress and hygiene ensure a certain level of professionalism, and may help individuals relate to one another as team members trying to accomplish a common goal.
Substance and Alcohol Abuse
Listing policies related to drugs and alcohol may seem unnecessary or redundant, but they are actually very important provisions. Firstly, the employee’s expectations may not be up to the employer’s standards and such guidelines ensure both are on the same page. Too many late nights, for example, will often lead to as many unproductive mornings. And while many employers would hate to insert themselves in employees’ private lives outside of work, they should nevertheless ensure that this doesn’t affect their lives inside of work.
A substance and alcohol abuse policy can also work to protect the business from Massachusetts employer liability suits. This would come into play if an employee, for example, injured someone or himself in an accident while intoxicated on company time. As a first line of defense the employer could present a clearly defined policy against such behavior, signed by the employee.
Crafting a Handbook for Your Massachusetts Business
As Cape Cod business law attorneys we have dealt with all kinds of businesses ranging from trades like landscaping and construction, to services like restaurants and retail, to technology. An employee handbook in Massachusetts will depend not only on the type of business, but its size. Call us for a free consultation at 508-888-8100 or send an inquiry at our contact us page for more information.
