1. At-Will Employment

  • Must include “no contract” language
  • Beware of state laws
  • True contracts should be maintained separately
  • Added language:
    • “No one is authorized to represent anything to the contrary, except in a formal written contract of employment signed by an authorized company representative”

2. EEO/Anti-Harassment/Anti-Discrimination

  • Include:
    • Catch-all for multiple states or cities with varying protections
    • Reporting scheme
    • No retaliation provision
    • Separate acknowledgment
  • Do not include:
    • Hard and fast investigation procedures
    • Promises of confidentiality

3. Time-Off

  • Jury Duty
    • Employers in MO and IL are prohibited from taking adverse actions against employees who respond to summonses
  • Witness Service
    • MO: Witness/crime victim leave
    • IL: VESSA
  • Voting Leave
    • Required in MO and IL


  • Eligibility Requirements
  • Leave Entitlements
    • Continuous and Intermittent
    • 12 weeks or 26 weeks
  • Notice Procedures
    • Medical Certification
  • Employer’s Obligations

5. Attendance/Tardiness

  • Policy reaffirms that attendance is an essential function
  • Explicit expectations especially for point-based systems
  • Call-in procedures
  • Outline potential disciplinary action

6. Behavior/Conduct

  • Outline levels of discipline or progressive discipline
  • Leave leeway for discretion
  • Any lists of prohibited conduct should be explicitly non-exhaustive

7. Computer, Technology & Communication

  • No expectation of privacy
  • Outline:
    • Expectations
    • Potential disciplinary action for (excessive) personal use
  • Can include social media
    • Separate policies can become complicated
    • Provide guidelines only

8. Solicitations

  • Prohibit employee solicitations in working areas on working time
  • Limit any solicitations to non-working, designated areas (e.g., bulletin boards)
  • Prohibit non-employees from soliciting on employer premises
  • Impact on union activity?

9. FLSA Safe Harbor

  • Must have if employ EXEMPT workers
  • If you impermissibly deduct, you will not lose the exemption if you:
    • Clearly communicate that improper deductions are prohibited
    • Reimburse employees
    • Comply in the future

10. Acknowledgment

  • Include key language
  • Employees should sign and date the Acknowledgment
  • Consider also:
    • Reiterating important policies:
      • At-will
      • Harassment reporting procedure
    • Providing contact information