Essential Employee Handbook Updates to Make in 2022

With COVID-19-related requirements and paid-leave obligations in seemingly constant flux, making regular updates to employee handbooks has never been more critical for business owners. As workplace laws are rapidly changing, handbook updates can ensure that employees are clear on the laws, policies, and procedures that govern their work.

Here are a few essential employee handbook updates needed to keep your business compliant in 2022. 

Remote Worker Policies and Requirements

Sparked by the COVID-19 pandemic, the U.S. has seen astonishing growth in the number of businesses now operating 100% remotely or under a hybrid model. Employers that plan to bring employees back into the office should prepare for pushback, as many workers have indicated a strong preference for flexible, remote-work options. Unsurprisingly, then, litigation involving returning to the office has boomed with many claims centering around discrimination in refusing to allow remote work.

Employers should update their employee handbooks to reflect their remote work policies as well as review their privacy and electronic device policies to ensure they still suffice given the shift towards remote work. Handbooks and other documentation should clearly explain why a physical presence is necessary for certain roles that will no longer allow for full remote work. 

Employers should also be sure to address requests for continued remote work, and, when possible, consider allowing employees to work from home as a reasonable accommodation for a disability. The reasons for rejected requests should be clearly documented, particularly when allowing some employees to work from home while requiring others to report to the office. 

COVID-19 Vaccination Mandates

It’s critical that employers understand the legal framework surrounding COVID-19 vaccination mandates in their states and ensure that the policies in their employee handbooks comply with those laws. Unfortunately, the laws on this issue differ widely between jurisdictions. In some cities and states, legislation requires COVID-19 vaccinations for some employees, while other state and local laws prohibit employers from mandating that their employees be vaccinated.

To further complicate the situation, a recent Supreme Court decision blocked the Biden administration’s vaccine-or-testing directive for large employers. However, by the time this decision was issued in January, many employers had already changed their policies and procedures to comply with the mandate. As a result, businesses will need to revisit these policies once again and decide whether to keep them in place. 

That being said, the Supreme Court’s ruling is far from the final word on the matter, and litigation involving state and federal vaccination mandates is ongoing. Employers should stay apprised of new developments and ensure that their COVID-19 policies remain compliant with any new decisions. 

In jurisdictions that require or allow vaccine mandates, employers that implement such directives need to account for reasonable accommodations to their policies based on medical or religious objections. Workers who will be responsible for evaluating accommodation requests should be given specialized training and clear written policies to ensure compliance with disability laws. You should also ensure that your employee handbook policies explain when an accommodation is warranted as well as the process for applying for an accommodation.

Wage, Hour, and Leave Regulations

Another area of law that has experienced a fair amount of change in the last few years is state-level wage, hour, and leave requirements. Many states have passed new minimum wage and overtime laws, which are often intertwined with federal regulations. 

Additionally, some states have expanded the availability of paid and unpaid leave, particularly for COVID-19 and other medical issues. Because this rapidly-changing area of law is highly state-specific, employers should ensure their employee handbooks are up-to-date on the most recent legislation in their jurisdiction.

As a business owner, staying compliant with employment laws is vital to your company’s success. However, keeping up with the latest rule changes can be challenging, especially in these turbulent times. For this reason, it is highly advisable to involve a local employment law attorney in the employee handbook update process to ensure that your business meets all of the applicable legal requirements.