Addressing the Challenge of Keeping HR Policies Compliant [Webinar Recap]

The first thing to do when it comes to compliance, according to Clear Law Institute’s Michael Johnson, is to figure out where you actually have employees living and working. It’s a common misperception that you only have to comply with state law where you’re headquartered — the truth is: you have to comply with the law where all of your employees are located, and keep a pulse on all policy changes in those relevant areas. Michael breaks down the six steps to staying up-to-date on managing HR policies below: 

1. Identify all the required policies in the states where you have employees (Don’t forget about remote employees!) 
2. Draft policies, ensuring that the language of the policies is compliant 
3. Monitor the law in all states for legal changes
4. Make the required changes to your policies as laws change
5. Provide policies upon hire and ensure employee acknowledgment
6. Require annual employee certification

“You can spend a significant amount of time drafting a policy only to have it change. That’s why it’s critical to set up a system to make sure that you’re monitoring policy changes in all states where you have employees. A best practice is to give a handbook to employees and have them acknowledge it on an annual basis.” – Michael Johnson, CEO of Clear Law Institute

It’s a challenge for employers not only to keep policies up to date, but also to ensure that the policies, as drafted, include all of the required content, which can vary by state. 

“Some states have very specific policy requirements. And if you end up in the middle of a lawsuit, the first thing they’re going to be looking to see is whether you have all of the content requirements and recommendations.” – Michael Johnson, CEO of Clear Law Institute

Some examples of HR policies required at the federal and state levels include: 

• Sexual Harassment and EEO Policies (protected characteristics)
• Accommodations
• Wage and Hour (including overtime and meal & rest breaks)

For example, New York recently revealed a new workplace sexual harassment hotline for support and guidance — a shift that will require employers to update their policies to include that resource. Washington, DC, on the other hand, recently passed a policy update that impacts only tipped employees. 

Another large topic of conversation is leave laws. Employers need to be aware of nuances in the required leave accommodations in each state, including details surrounding vacation or sick leave. For example, there are new bereavement laws in Illinois and Washington to cover cases of child loss and parental leave. Other cases to keep an eye on include: 

• Family and medical leave and state-paid FMLA
• Vacation and sick leave 
• Voting and election official leave
• Domestic violence leave
• Crime victim and witness duty leave
• Jury duty leave
• Parental leave
• Organ, bone marrow, and blood donor leave
• School activities leave
• Military leave
• Volunteer civil service and emergency responder leave

So, how do today’s organizations oversee and manage their policy updates? According to our live webinar survey:

• 60% of attendees are still using manual processes 
• 15% have implemented automation 

The number of companies leveraging technology to manage policy updates is expected to increase — especially in the face of remote and hybrid work. 

Ensuring that HR policies are up to date and your employee handbook is current and compliant presents a significant challenge for many organizations.

To help, Clear Law Institute and Mitratech’s PolicyHub have partnered to provide a service that simplifies the considerable complexities of managing and communicating HR policies and procedures. Through our partnership, Clear Law Institute and Mitratech will provide a one-stop service where HR and Compliance professionals can outsource all their policy and handbook processes – from creation to delivery.

Are you a current customer of Mitratech and would like to learn more about our partnership with Clear Law? Reach out to your dedicated account manager, or contact us here. 

Interested in becoming part of the Mitratech family and learning how PolicyHub and Clear Law can support your HR processes? Book a demo with an expert here.