This article originally appeared as a Gavel to Gavel guest column in the Journal Record on September 28, 2025.
By: Stassi M. Vullo
Stassi M. Vullo
It’s no secret that employers are busy. From managing rising costs to ensuring supply chain continuity, it takes a lot to make a business run. While these tasks must be managed to keep the business running smoothly, other less obvious responsibilities may not be receiving adequate attention, such as maintaining an employee handbook. Many employers either operate without an employee handbook or fail to consistently follow the policies they have put in place. In either scenario, employers may be exposing their business to unnecessary legal and operational risks.
A well-drafted handbook serves as more than a collection of workplace rules. It establishes expectations, communicates important employment policies, provides guidance on key issues such as complaints, accommodations, and leave requests, as well as helping demonstrate consistent treatment of employees when disputes arise.
An employee handbook can serve as critical evidence of an employer’s intent to follow the law in an employment dispute. If an employee files a charge with the Equal Employment Opportunity Commission, a wage and hour complaint, or another employment-related action, one of the first documents requested by the overseeing government agency is the employer’s handbook and written policies. An up-to-date handbook allows an employer to preserve certain defenses before government agencies or the courts as well as show the rules, expectations, and procedures at the time of the alleged conduct, demonstrating that employees were informed of workplace policies and reporting procedures.
Additionally, a handbook can provide employees with a clear process for reporting concerns such as potential harassment. Well-drafted policies identify where employees should go to report complaints or request legally mandated accommodations. Providing multiple reporting avenues encourages employees to bring concerns forward internally, which allows the employer an opportunity to investigate and address issues before they escalate. When employees know how to report concerns, workplace issues can often be resolved more efficiently and effectively.
Furthermore, handbooks reinforce important employment principles, including at-will employment, the principle that ensures the employer or employee can terminate the employment relationship for any legal purpose at any time with or without cause. Clear handbook language reduces misunderstandings regarding workplace expectations, disciplinary procedures, and the nature of the employment relationship.
Just as important as having a handbook is keeping it current. Employment laws change frequently, and policies that were compliant several years ago may no longer satisfy current legal requirements. Conducting an annual handbook review helps employers identify necessary updates and ensure policies remain aligned with applicable laws. An up-to-date handbook also helps managers and supervisors understand procedures when issues related to accommodations for disability, pregnancy, or religion under the Americans with Disabilities Act (ADA), the Pregnant Workers Fairness Act (PWFA), and Title VII, as well as employee leave and other anti-discrimination obligations, arise. For example, a handbook could highlight important differences between accommodation obligations under the ADA and the PWFA to ensure that requests are handled appropriately and consistently.
An employment lawyer is uniquely positioned to provide a framework for compliance with state and federal employment laws. Employers should consult an employment attorney familiar with the laws in their state when drafting or revising a handbook, since state laws vary greatly from state to state and are often more protective or generous to employees than federal laws. For example, some states expand family medical leave to employers with as few as one employee, while the comparable federal law on the Family Medical Leave Act does not apply until an employer reaches a 50-employee threshold.
While not a cure-all, a well-drafted, regularly updated, and thoroughly distributed handbook reduces legal risk, promotes consistency, and provides a stronger foundation for managing workplace issues as they arise. Don’t be caught off guard. State and Federal posters are not always enough.
About the author:
Stassi M. Vullo is an attorney who represents individuals and both privately held and public companies in a wide range of business law, real estate, and employment matters.
CONTACT: smvullo@phillipsmurrah.com | 405.606.4782
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