An employee handbook is key for setting workplace expectations and staying compliant. Outdated policies can create legal and operational risk. With evolving compliance requirements in the form of new laws and revised regulations, employers need to keep a watchful eye on their handbook policies to make sure they stay compliant. They should also be sure that the “oldies but goodies” – like harassment prevention and conduct guidelines are up to snuff. If you pulled a template for one of these off the internet in 2007, it’s almost guaranteed to need a refresh.
Using outdated policies can lead to confusion, operational disorder,and potential legal exposure. Here are some key end-of-year activities to make sure you start the new year off right: year:
1. Keep Up with State Leave Laws
State leave laws of all kinds have been trending for years now from paid family leave, to bereavement, to sick and safe leave. If you haven’t had expert help with your handbook policies, there’s a good chance you’re missing key details. For instance:
- California requires accrued paid sick leave with specific accrual caps and revises its law at least some part of that law on an almost yearly basis.
- Many states, including Massachusetts, New York, New Jersey, Washington, and Illinois have paid family and medical leave programs that offer job protection
- Colorado (and a handful of other states) have expanded their paid sick leave to cover public health emergencies
Why it matters: Multi-state employers face a patchwork of rules. Ignoring them can result in fines, penalties, and disputes.
Action for Employers: Audit leave policies against the laws and rules in each state and locality where you have employees. Clearly outline eligibility, accrual, carryover, duration, and payout provisions to avoid disputes.
2. If Your Discrimination, Harassment, and Complaint Policies Feel Outdated, They Probably Are
Your employee handbook should create a safe and inclusive workplace. But many organizations are still relying on policies written years ago that don’t reflect current laws or best practices.
Common gaps include:
- Outdated lists of protected classes that omit new state or federal protections.
- Limited examples of unacceptable behavior.
- Insufficient or unclear complaint procedures.
- Not having specific language or contact information required by state law.
Action for Employers: Refresh anti-harassment, discrimination, and complaint policies to include any and all information required by state law, clear reporting procedures, and protections against retaliation. Pair handbook policies with mandatory training to reinforce expectations.
3. Review Your Workplace Conduct and Social Media Policies
Although employers have a lot of latitude to dictate employee behavior, the National Labor Relations Act does create some limits, several of which you might find surprising. (If you don’t have union activity, you might be surprised to find that this law applies to you at all!) For instance, you can’t prevent employees from complaining about their working conditions or discussing their wages.
Things to check for in your written and unwritten policies:
- Prohibiting Wage Conversations: Even a word-of-mouth rule against wage discussions is problematic. Make sure your managers understand this and that rules again such discussions haven’t found their way into offer letters or handbooks.
- Rules Against Speaking Up or Having a “Bad Attitude”: Rules like this can crop up in many places, including your policy that covers standards of conduct. While you can certainly try to enforce decorum and respectful behavior in the workplace, the devil is in the details, and you need to be careful about over-restricting employee behavior.
- Social Media Limitations: You can certainly restrict social media use during work hours, but generally you can’t stop employees from discussing their employment conditions online (e.g., wages, hours, safety issues, bad management). Unfortunately for employers, there’s a lot of nuance in this area of law.
Action for Employers: Make sure your handbooks policies–and even unwritten practices–don’t run afoul of the National Labor Relations Act.
4. Ensure Handbook Distribution and Acknowledgment
A great handbook is only effective if employees receive it, read it, and acknowledge it. Too often, employers update policies but fail to track distribution or obtain acknowledgments, leaving them unprotected in a dispute.
Best practices include:
- Communicating changes clearly to avoid misunderstandings. If you’ve made big changes to your handbook, point those out when distributing new copies.
- Requiring signed acknowledgment forms or e-signatures from every employee.
- Storing acknowledgments in a secure and easily accessible format.
- If distributing updated handbooks digitally, also have a print version available in an easily accessible location in the workplace.
Action for Employers: Make handbook acknowledgment part of your compliance checklist every year. Ensure everyone receives important updates promptly.
Why Updating Your Employee Handbook Before 2026 Matters
Updating your employee handbook is not just about avoiding penalties. It helps create a compliant, transparent, and inclusive workplace that builds trust and engagement. Employers with up-to-date handbooks will enter 2026 ready to adapt to new laws, strengthen employee relationships, and reduce compliance risk.
By Brian Costello
Originally posted on Mineral