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.

Pull last year's HR Acuity (or equivalent) ER cases and ask people managers where the handbook left them guessing. Recurring themes — remote-work expectations, dress code ambiguity, social-media gray areas — are signals for redrafting, not just clarifying.

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.

Spell out how an employee requests accommodation, who handles the interactive process, and the documentation expectation. PWFA pregnancy accommodations follow a similar interactive process and should be referenced explicitly rather than buried under general ADA language.

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.

CO, WA, NY, CA, IL, MD, RI, MA, MN, NJ require pay ranges in postings; some require benefits descriptions and bonus eligibility. Update the recruiting and compensation sections so the handbook matches what TA is actually doing in the ATS — Greenhouse and Lever both flag missing ranges, but only after a violation.

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.

State final-pay timing varies — CA requires same-day for involuntary separations and 72 hours for resignations; most other states default to next regular payday. COBRA notice deadline is 14 days from qualifying event (44 days when employer is plan administrator). Confirm references match current payroll and benefits-admin procedure.

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.

Publish the new version through the HRIS (BambooHR, Rippling, Workday) with a required acknowledgment task and a 14-day completion deadline. Track completion by manager and escalate non-acks at day 10 — unsigned acknowledgments weaken enforcement of any policy in the handbook.