As 2010 begins, now is a good time to review and update your employment policies and to ensure managers and employees are following them. More changes in workplace law occurred in 2009 than in the last ten years combined, so it is crucial that you and an employment law advisor review and revise your compliance procedures and formal employee manuals to reflect the changes.

Document Everything
When it comes to employees, make sure that everything is clearly spelled-out in a detailed employee handbook. Ensure that your employees understand what you expect of them, the rewards for success and the consequences of failure. Your up-to-date employee handbook should contain a clear disciplinary procedure that is administered fairly across the entire company.

Also, make sure you document everything relating to your employees. Every business, regardless of its size, should keep accurate and complete records regarding its employees from the date of the employee’s application for employment through the employee’s termination and afterward for at least the statute of limitations period in your state. It will make things much easier for you if you have to go to court after firing someone.

New Employment Provisions
Here is a sampling of a few new employment law provisions enacted in 2009:

Family and Medical Leave Act Amendments
Employees who have family members serving in the armed forces now have expanded rights under the federal Family and Medical Leave Act (“FMLA”). In October 2009, federal legislation changed the definition of which service members are covered under the qualifying exigency category. Employees are now entitled to qualifying exigency leave when a family member who is in the regular armed forces is deployed to a foreign country. Previously, this leave was only available when a family member was called to active duty in the National Guard or military reserves.

Qualifying exigency leave allows an employee to take up to 12 weeks of leave per year to deal with specified issues related to overseas military service by a family member (defined as a spouse, son, daughter, or parent). Examples include arranging for child care, making financial and legal arrangements, and counseling. In addition, federal legislation has also expanded the right of employees to take up to 26 weeks of leave per year to care for a family member with a serious injury or illness incurred as a result of military service.

Employers that are covered by the FMLA should notify employees of the changes, and revise their policies and procedures to ensure that they are in compliance with the new requirements.

New Form I-9, Employment Eligibility Verification
The federal government issued a new Form I-9, Employment Eligibility Verification, on August 7, 2009. The new Form I-9 contains an updated list of acceptable documents employees must present upon hiring. Employers must complete and retain a Form I-9 for each individual they hire for employment in the United States and should immediately stop using all previous versions of the Form I-9. A copy of the new edition of the form can be found on the IRS website here.

Easier for Employees to Unionize
The federal Employee Free Choice Act will virtually eliminate secret ballot elections, allow signed union authorization cards to determine whether an employer must accept a union, and compel employers to arbitrate their terms and conditions of employment if an agreement with the union is not reached within a certain amount of time. Avoid the mistake of failing to educate employees on the burdens of unionization now – long before authorization cards are signed.

The Tip
Update your employee handbooks and policies. The deluge of employment law changes this year compel a review and revision of your written employment policies. It’s much better to take the time now to address these issues than to be surprised in 2010 or beyond by a disgruntled employee.