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No policies are specifically required by state or federal law, although many are recommended. A few regulations may imply that a policy is required, or the requirement to develop a policy may be condition. For example, employers with government contracts may need an equal employment policy. However, in most cases where a state or federal agency wants to make employees aware of something, the agency will require a poster instead mandating that an employer develop a policy. Most employers have posters on workplace safety, workers’ compensation, equal employment, and so on.
As an example, the federal FMLA regulations require a poster, but also require that the same information be given to employees. Employers commonly include that information in an employee handbook, but it could simply be handed to the employee upon hire, or could even be posted on an intranet site (see §825.300(a)(3)).
Similarly, neither state or federal law specifically requires employers to have a sexual harassment policy. However, California does require sexual harassment training for supervisors, and says that supervisors must be given a copy of the employer’s sexual harassment policy (which implies that such a policy exists, and is therefore required).
What policies should we have?
In addition to policies on discrimination and harassment, which are strongly recommended by the EEOC, employers should have policies for the various types of leave available to employees under state or federal laws (see Prospera's Leave topic for state information). Employers should also have policies for mandatory breaks under state or federal laws, such as meals, rest periods, and lactation accommodation. Finally, the Department of Labor recommends having a payroll integrity policy to ensure that all hours worked are properly recorded.
Other recommended policies include substance abuse and drug testing for reasonable suspicion, solicitation in the workplace (which can be applied to also prohibit union solicitation), and searches or inspections of work areas (to remove the expectation of privacy, since the employer may eventually need to search for drugs, weapons, stolen property, or for other reasons).
Most employers are now adopting a social networking (or social media) policy to help define employee activity or postings on websites like Facebook, since employees tend to talk about work matters on these sites. Along those lines, employers may want a policy on use of company email and internet, or using other company equipment or property. Finally, employers may want policies on dress codes, workplace conduct, and other work rules that employees need to know.