An employee handbook should do more than simply spell out rules. When done right, it should capture the company's culture, frame legal compliance, and set clear expectations for every member of the company. As the current administration changes rules established only recently in the former administration, the ground under employment law keeps shifting. A handbook that felt solid three years ago now risks serious exposure from non-compliance.
The checklist below can help bring your handbook up to date.
- Build a disciplined review cycle. Start with structure, not content. Put the handbook on an annual or semi-annual calendar and trigger an out-of-cycle review whenever a major federal or state change are announced. Form a multidisciplinary team that includes HR, legal, payroll, safety, and information technology so each policy owner reviews relevant sections. Track revisions with version control and gather acknowledgments from employees.
- Tackle federal updates first. Confirm that your equal employment opportunity statement covers sexual orientation and gender identity, update pregnancy accommodation language to reflect the Pregnant Workers Fairness Act (PWFA) and check that employees may discuss wages and working conditions consistent with National Labor Relations Act protections. Revise nondisclosure clauses so they are line with the Speak Out Act. Wage and hour policies need updating. The Department of Labor's 2024 rule raised the salary threshold for overtime exemption, and the PUMP Act expanded lactation-break coverage. Leave sections should coordinate Family and Medical Leave Act language with the PWFA for pregnancy related limitations and with any state paid-leave programs. Other topics include noncompete agreements (many states now prohibit them) and confidentiality rules that could chill concerted activity under the National Labor Relations Board's Stericycle.
- Map state and local requirements. Once federal language is clean, layer in state and local mandates. Consider local laws, including pay-transparency and salary-history bans, paid family, medical and sick leave rules. Consider adding an appendix that lists jurisdictions where you employ even a single remote worker. Cannabis laws complicate drug testing. Connecticut and New York restrict action against off-duty use while Ohio still permits zero-tolerance. Expense reimbursement statutes in California and Illinois require clear definitions of "necessary" costs for remote employees. Consider New York City's Local Law 144 bias audit for hiring algorithms, Illinois' Biometric Information Privacy Act, and consumer privacy statutes such as the California Privacy Rights Act, all of which can apply to employee data. Predictive scheduling ordinances in Oregon, Chicago and Seattle affect retail and hospitality sites, and fair-chance hiring laws dictate the timing of background checks.
- Revisit special policy areas most likely need updating. Remote-work eligibility, social-media rules or cybersecurity standards have likely changed since the last update. Tighten remote-work sections to cover equipment care, data security, and expense treatment. Rewrite social-media guidance so it draws a clear line between protected personal speech about working conditions and the improper disclosure of confidential business information. Cybersecurity clauses should include protections like password rotation and incident reporting. Workplace violence and weapons policies may need renewed attention as more states expand concealed-carry rights. Diversity statements must reflect recent Supreme Court's decisions.
- Draft in plain English and avoid accidental contracts. Legal jargon invites confusion and sometimes litigation. Use concrete language. Open the handbook with a conspicuous disclaimer that it is not a contract and that the company may change policies at any time. Reaffirm employment at will and state that only a specific executive, identified by title, can alter that status in writing. Cross reference detailed procedures rather than repeating them to reduce future edits and avoid internal conflicts.
- Launch with intent and train managers. Release the updated handbook through a live town hall or recorded video, circulate a concise FAQ and supply translated copies where needed. Require supervisors to complete brief training on the National Labor Relations Act, pregnancy and disability accommodations, wage and hour basics, and new rules on cannabis testing. Store acknowledgment forms for at least the statute of limitations on relevant claims, often four years.
- Audit continuously, not just annually. Schedule mini audits each quarter to catch emerging laws, confirm overtime calculations and verify paid time off accruals. Keep a running list of pending regulations so you can revise quickly. Document the business reason for any policy that restricts speech or conduct. This record will be vital if you need to defend a rule under the Stericycle balancing test.
A modern handbook is a living compliance tool, not a binder on a shelf. By combining a disciplined review process with plain language and targeted training, you transform the document into a reliable shield against litigation and regulatory risk. The investment is modest compared with the cost of an unfair labor practice charge, a wage and hour class action or a social-media misfire. Begin with the federal baseline, layer in state specifics, close gaps in high-risk areas and tell employees exactly where to find help. With this process, your handbook will keep pace with the law.
