In a recent Law360 article, Kutak Rock partners Kasey Cappellano and Meaghan Gandy along with associate Laurel Stoncius stress the importance of maintaining an up-to-date employee handbook. In the article they explore how proactive updates can protect employers from costly litigation and support workplace policies with evolving legal standards.

The three authors discuss the implications of recent legal developments, including:

• Anti-Harassment Policies: Cases like Chapman v. Oakland Living Center and Trahanas v. Northwestern University illustrate how comprehensive anti-harassment policies can strengthen an employer’s defenses in discrimination lawsuits.
• Compliance with New Leave Laws: States such as Nebraska, Alaska, and Missouri have enacted new paid sick leave requirements, and the Pregnant Workers Fairness Act (PWFA) introduces additional obligations for reasonable accommodations. Employers must revise handbooks to address these changes.
• Remote Work Challenges: As remote work becomes more common, handbooks should include clear time-reporting and approval procedures to minimize wage-and-hour claims.
• Evolving Drug and Alcohol Policies: With the legalization of medical and recreational cannabis in various states, employers need to align workplace policies with state-specific regulations.
• Employee Dress Codes: Following the NLRB’s decision in Tesla Inc., employers must review dress code policies to ensure they do not interfere with employees’ rights to display union insignia.

The attorneys also highlight the value of conducting regular reviews to address changes in areas such as artificial intelligence in the workplace, safety-related policies, and information theft prevention. As noted in their article, the start of a new year is an ideal time for employers to revisit their handbooks and policies. By doing so, businesses can safeguard against litigation, support workplace equity, and remain compliant in an ever-changing legal landscape.

Read full article here. 

Kasey Cappellano is an accomplished employment litigator and has successfully defended clients in federal and state courts, including Nebraska, Iowa, Colorado, Texas and Tennessee. She has successfully defended employers against charges of discrimination, harassment and retaliation filed with federal, state and local administrative agencies as well as against charges filed with the National Labor Relations Board. Kasey also specializes in drafting, analyzing and litigating restrictive covenants related to employment and sales of businesses.

Meaghan Gandy represents employers in all stages of employment litigation in state and federal courts as well as in arbitration. She has a high degree of success in obtaining summary judgment, and has represented clients in courts across the country. Meaghan’s litigation experience includes matters asserted under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, as well as similar state laws.

Laurel Stoncius represents employers in a variety of employment-related matters, including risk management, compliance, and immigration. Laurel has also assisted in defending clients in wage and hour disputes, OSHA investigations, and charges of discrimination, harassment, and retaliation filed with federal and state administrative agencies. Bilingual in English and Spanish, Laurel has provided clients with comprehensive legal reviews of their Spanish-language policies, contracts, and workplace procedures to ensure compliance with relevant laws and mitigate potential risk associated with translation of complex legal language.