Companies that hire or plan to hire employees need to consider the mechanics of the workplace in a comprehensive manner. This exercise not only lays out expectations for the workers at a company, but like estate planning, it forces the employer to organize his or her own expectations in an organized handbook format. Below are some more of the items an employer should expect to include in a typical Massachusetts employee handbook.
Discrimination Policy
Both the federal and Massachusetts state governments already have laws on the books regarding discrimination of certain classes, and employers need to familiarize themselves with these laws and regulations. In Massachusetts, these regulations are administered by the Massachusetts Commission Against Discrimination (“MCAD”), and the agency’s website offers training resources for that purpose.
But in addition to acquainting oneself with those laws, the employer needs to put together a clear policy for purposes of the Massachusetts employee handbook. A proper policy will state in no uncertain terms that the employer does not practice discrimination, and that employees alike are forbidden from the practices.
Of course as part of those rules there must be an understandable reporting policy, and procedures for handling grievances. It is also good practice to conduct a training for the purpose, and to have a separate signature page for each employee’s guarantee that he or she understands the rules, policies and procedures. Doing so guarantees not only that the workforce understands these rules, but that the employer has taken several preventative steps towards protecting his or her employees.
Sexual Harassment and Disciplinary Policies
While the Discrimination Policy should address disparate treatment of individuals based on races, gender, age or religion, the Sexual Harassment policy looks to quite different issues altogether and should not be confused with the former.
Sexual harassment in the workplace is something that can be particularly troublesome for employers because it is often difficult to ascertain where the lines are drawn. A normal office will employ several members from each sex that inevitably will become comfortable talking about with one another on subjects of a personal nature. Topics of family, and children and romantic interests will naturally arise.
But it is key for the employer to protect the employees in advance of potentially unwelcome communications. Mistakes will of course be made, but it is crucial to consider what happens when an employee feels offended. Who does he or she talk to? What can he or she expect to happen? Answering these questions in the employee handbook is essential for a Massachusetts business.
Occupational Use, Safety and Accident reporting.
Likewise, depending of course on the nature of the business, a Massachusetts employee handbook usually has some provisions related to safety procedures and how to report an accident. A manufacturing facility will obviously have a much thicker chapter on these policies, but even an office should outline procedures for the occurrence of unforeseen injuries, no matter how unlikely.
A typical employer will tell employees how to safely use any of the business’ equipment including anything from office machines to heavy machines. Some of these guidelines may aim at protecting business assets as well as the employees themselves. Listing correct operating procedures for driving a delivery vehicle, for example would achieve both objectives.
Speaking with our experienced Massachusetts business law attorneys about those issues inherent in a particular business can go a long way towards protecting the safety of employees, the safety of business equipment and even the safety of the business itself from liability!
Considerations of Privacy
Privacy protection provisions are probably the most overlooked and underused provisions in a Massachusetts employee handbook. But even in these times of rapid communications — in fact especially in these times of rapid communications — privacy is of the utmost importance to many individuals. And while employees are certainly free to share whatever they might volunteer with one another, the employer should take steps to protect everything possible.
Some of the most important and sensitive subjects that raise concerns for employees are facts that the employer becomes privy to in a management role. Age is obviously a big one. As are wages and salaries, since disparities in pay can frequently lead to discord between employees. Even very small differences in compensation can make a world of difference mentally between co-workers believe it or not! But a less frequently considered aspect of privacy might be a pregnancy, or perhaps a death in the family.
Not a Contract!
Lastly, a Massachusetts employee handbook should state at its conclusion or somewhere towards the end that it is simply a manual, not an agreement. An employee manual is simply a set of guidelines that the employee should know that he or she will be expected to follow while employed with the business. The contract or other arrangement between parties should be a separate document with consideration to each. Call us at 508-888-8100 to set up your Massachusetts employee guide, the employment contract and anything else your business needs to start or grow.
