Employee Handbook Annual Review

Retrieve the current published handbook from the HRIS document library along with the redline log from the prior annual review. Confirm the effective date and the last counsel-approved revision; any uncontrolled edits since then need to surface during this review.

Pull a current headcount-by-state report (and city, where local ordinances apply — NYC, Philadelphia, Chicago, San Francisco, Seattle). Remote hires often add jurisdictions that the prior handbook didn't cover. Flag CA, NY, IL, CT, CO, WA, and MA specifically — those drive the most policy variance.

Note developments since last review: PWFA and PUMP Act final regulations, FLSA salary-threshold rulings, FTC non-compete litigation status, NLRB handbook-rule decisions (Stericycle standard), and any EEOC enforcement guidance updates. SHRM and Littler year-end roundups are useful starting points.

Confirm the at-will statement is conspicuous and not contradicted by progressive-discipline language. Verify any arbitration agreement carve-outs for sexual-harassment and assault claims (EFAA, 2022) and check state-level bans on mandatory arbitration in CA and NY.

Confirm protected-class list reflects post-Bostock sexual orientation and gender identity, plus state additions (CA, NY add caregiver status, prior arrest, reproductive health decisions). Reporting channels need at least two named recipients so an employee isn't forced to report to their harasser.

Apply the Stericycle (2023) standard to confidentiality, social-media, civility, and recording-in-the-workplace clauses. Overbroad language that a reasonable employee could read as restricting Section 7 concerted-activity rights is unenforceable — and increasingly cited in unfair-labor-practice charges at non-union employers.

Confirm the salary threshold and duties test referenced in the handbook reflect the current federal rule and any higher state threshold (CA, NY, WA). Review titles flagged as exempt that don't actually meet the duties test — "manager" titles for individual contributors are the most common misclassification trap.

State paid sick leave and PFML programs change every cycle — CA, NY, NJ, MA, CT, CO, OR, WA, MN, IL each have separate accrual rules, carryover caps, and payout-on-separation rules. Build a state-by-state addendum rather than burying differences in the main text. Confirm bereavement, jury duty, and military leave references are current.

FMLA eligibility (12 months service, 1,250 hours, 50 employees within 75 miles) and intermittent-leave handling. Add explicit PWFA accommodation language and PUMP Act break-time and private-space requirements — newer statutes that older handbooks rarely cover correctly.

Cover outside employment, board service, vendor gifts, and personal relationships in the chain of command. Disclosure mechanism should name the recipient (HR, ethics committee) and the cadence — annual recertification at a minimum.

Reconcile the handbook with current carrier SBCs and the SPD. Confirm waiting periods comply with the 90-day ACA limit. Reference COBRA continuation, HSA/FSA eligibility, and 401(k) auto-enrollment per the current plan documents — handbook references that contradict the SPD create ERISA exposure.

Determine whether the company has any remote, hybrid, or work-from-anywhere employees. Even a handful of remote workers in additional states triggers nexus, withholding, and handbook-coverage obligations the prior version may not address.

Address expense reimbursement (CA Labor Code 2802 requires necessary-expense reimbursement for remote workers), home-office ergonomics, data security on personal devices, and work-hours expectations across time zones. BYOD section should reference the acceptable-use policy and remote-wipe consent.

Package the redline against the prior approved version with a summary memo explaining material changes and the underlying regulatory drivers. Counsel review of clean text without context typically returns slower and with more questions.

Record counsel approval and any conditions or caveats in writing. Sign-off should reference the specific document version (filename and revision date) so the published handbook traces back to a reviewed artifact.