Every organization should have an employee handbook because they outline expectations, terms and conditions of employment, and, most importantly, minimize legal risk. However, a handbook is of little value if it is not regularly updated to comply with changes in the law or the ever-evolving world. In addition to standard employee policies, employers should consider including the following to reflect the current state of the workplace.

Remote work and flex-time policies

As a result of the pandemic, we are seeing three types of work coexist: remote work, hybrid work, flexible hours. It is imperative that a company has policies to govern these work structures, including outlining the following:

• Parameters of employee eligibility and frequency, including how remote and in-office work will be monitored.
• That remote work is a privilege, not a right.
• Attendance and availability expectations—clarify that remote work does not mean flexible hours.
• Requirements for exempt and nonexempt employees for timekeeping reasons.
• Security requirements of remote work.
• What remote office materials and expenses the company will cover, if any. This may be governed by state law depending on employee location(s).
• That all company policies apply even when working remotely.

Additionally, the old 9-to-5 schedule no longer works for many employees who are demanding flexible working hours. Employers accommodating flexible work schedules should have a policy explaining who is eligible, attendance expectations, how time will be tracked, when breaks can be taken, and how overtime will be compensated.

Dress code, grooming and appearance policies

After working for several years in pajamas, many employees are resistant to returning to business attire. As a result, many forward-thinking businesses have adopted a casual wear policy. Less restrictive dress code policies may also help attract new talent.

Related: 5 common employee handbook mistakes and how to fix them

Additionally, employers should review their policies to ensure they do not lead to discrimination claims. Indeed, several states, including New Jersey, implemented laws to protect certain hairstyles, such as braids, locks, twists and knots, that are historically associated with race. Policies should also be reviewed to ensure they are inclusive of the LGBTQ+ community.

Security and privacy issues

Employers should update security policies and establish procedures that apply when working in the office as well as remotely. For example:

• Require employees to use antivirus programs and secure Wi-Fi networks.
• Require employees to use passwords and shut down computers at the end of the day or when away from their computer.
• Outline the danger of using laptops in public and require use of privacy mode when so doing.
• Have a clean desk policy requiring that employees remove confidential information from their workspace when unoccupied and at the end of the workday, and, ideally, place such documents in a locked location.
• Require that passwords be changed frequently and not be left near a computer or in an accessible location.
• Require shredding of confidential information.
• Have rules in place for videoconferencing such as: blurred backgrounds or cleaned desks; be in a quiet space, or if in public, requiring headphones; be careful to not share the wrong screen.
• Advise that chats/comments in videoconferencing platforms are recoverable so employees must be extra cautious when utilizing them. These "chats" are serving as evidence in employment litigations.

Social media policies should be updated to similarly address privacy concerns and confidential information

Communicable disease policies/COVID-19 policies

During the pandemic, many companies implemented policies related to staying home if sick, wearing masks, vaccinations, social distancing, testing, and other safety and health regulations. Employers may need to revise these policies so that they are not COVID specific but can instead address any communicable disease and viruses.

Paid time off

Many employers are moving toward an "unlimited" or "managed" time off policy rather than a set number of days. One reason for this is some states have laws requiring all accrued and unused vacation time to be paid out at the end of employment. A work around this is to have unlimited vacation or a take what you need policy—where no amount of time is actually promised, so there is nothing to pay out.

State supplements

During the pandemic, many employees relocated, and remote employees were hired. Because employees are protected by the employment laws of the state in which they work, employers must have a state-specific handbook supplement for every state in which they have an employee.

Diversity equity and inclusion

Employers can highlight their commitment to DEI by incorporating a DEI mission statement in their handbook and may refer to separate plans and programs the company is implementing to address DEI issues in the workplace.