EMPLOYEE HANDBOOK
of
[COMPANY NAME], a [corporation / LLC / other] organized under the laws of the State of [STATE] (the “Company”)
Effective Date: [MM/DD/YYYY]
Primary Work Location(s): [ADDRESS(ES)]
Governing Law: State of Delaware employment law and applicable U.S. federal law (collectively, “Applicable Law”)
RECITALS
WHEREAS, the Company desires to communicate, in one comprehensive document, the employment policies, work rules, benefits, and expectations that apply to all Employees (as defined below); and
WHEREAS, the Company intends that this Handbook comply with all Applicable Law, including but not limited to the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, and all Delaware wage‐and-hour, leave, and anti-discrimination statutes;
NOW, THEREFORE, the Company hereby adopts this Employee Handbook (the “Handbook”) effective as of the date set forth above.
[// GUIDANCE: Recitals are optional in a handbook, but including them reinforces consideration and context, aiding enforceability of certain acknowledgment clauses.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
A. Introduction & Scope
B. Equal Employment Opportunity & Anti-Harassment
C. Wage-and-Hour & Pay Practices
D. Work Schedules & Timekeeping
E. Employee Benefits
F. Leave Policies (Federal & Delaware-Specific)
G. Workplace Conduct & Ethics
H. Health, Safety & Security
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies (Discipline & Separation)
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (Employee Acknowledgment)
[// GUIDANCE: Add page numbers in final formatting for easy cross-reference.]
I. DOCUMENT HEADER
(See beginning of this template.)
II. DEFINITIONS
For purposes of this Handbook, the following capitalized terms shall have the meanings set forth below. Terms used, but not defined, have their plain-language meaning in context.
- “Applicable Law” – All U.S. federal, state, and local statutes, regulations, and ordinances that govern the employment relationship, including those expressly referenced in this Handbook.
- “At-Will Employment” – Employment that may be terminated by either the Company or the Employee at any time, with or without cause or notice, except as modified by a valid written agreement signed by the [CEO / President] and the Employee.
- “Employee” – Any individual classified by the Company as full-time, part-time, temporary, seasonal, or intern, whether exempt or non-exempt under the Fair Labor Standards Act.
- “Handbook” – This Employee Handbook, as amended from time to time.
- “Protected Class” – Any characteristic protected under Applicable Law, including race, color, religion, sex (including pregnancy, childbirth, breastfeeding, sexual orientation, and gender identity), national origin, age (40+), disability, genetic information, marital status, or any other status protected by Delaware law.
- “Working Time” – All hours during which an Employee is required to be on duty, on the Company’s premises, or at any prescribed workplace, as further defined in Section III.C.
[// GUIDANCE: Add or delete definitions to match Company terminology; maintain alphabetical order.]
III. OPERATIVE PROVISIONS
A. Introduction & Scope
3.A.1 Purpose. This Handbook sets forth guidelines and policies for all Employees. It does not create a contractual promise of employment, benefits, or any specific term, and it may be modified, amended, or rescinded by the Company at any time, in its sole discretion, subject to Applicable Law.
3.A.2 Supersession. Where this Handbook conflicts with Applicable Law, the law controls. Where it conflicts with a valid individual employment agreement or a collective bargaining agreement, that agreement controls for the covered Employee(s).
3.A.3 At-Will Statement. Employment with the Company is At-Will Employment. No supervisor or representative of the Company, other than the [CEO / President] via a duly executed written agreement, has authority to enter any agreement contrary to this provision.
B. Equal Employment Opportunity & Anti-Harassment
3.B.1 Non-Discrimination. The Company provides equal employment opportunity to all qualified individuals without regard to any Protected Class, in compliance with Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), and the Delaware Discrimination in Employment Act.
3.B.2 Reasonable Accommodation. The Company will provide reasonable accommodations for qualified disabilities, pregnancy-related conditions, and sincerely held religious beliefs, absent undue hardship.
3.B.3 Anti-Harassment. Harassment—sexual or otherwise—based on any Protected Class is strictly prohibited.
3.B.4 Complaint Procedure. Employees should promptly report suspected violations to their supervisor, Human Resources (“HR”), or the Compliance Hotline at [TOLL-FREE NUMBER]. Reports may be made anonymously. Retaliation is prohibited.
3.B.5 Investigation & Corrective Action. The Company will investigate all complaints promptly and confidentially to the extent feasible, and will take appropriate corrective action up to and including termination.
C. Wage-and-Hour & Pay Practices
3.C.1 Classification. Employees are classified as “exempt” or “non-exempt” in accordance with the Fair Labor Standards Act and Delaware Minimum Wage and Hour Law.
3.C.2 Minimum Wage. The Company will pay at least the greater of the Delaware state minimum wage or the federal minimum wage then in effect.
3.C.3 Overtime. Non-exempt Employees will be paid one-and-one-half times their regular rate for all hours worked over 40 in a workweek, unless a more generous Delaware standard applies.
3.C.4 Pay Frequency. Employees will be paid on a [WEEKLY / BI-WEEKLY / SEMI-MONTHLY] basis, in compliance with the Delaware Wage Payment and Collection Act.
3.C.5 Final Pay. Upon separation, final wages will be paid no later than the next regular payday or as otherwise required by Applicable Law.
3.C.6 Timekeeping. Non-exempt Employees must accurately record all Working Time using the Company’s designated system. Off-the-clock work is prohibited.
3.C.7 Deductions & Withholdings. The Company will make only those deductions authorized by the Employee in writing or required by Applicable Law.
3.C.8 Wage Complaints. Employees may discuss wages or file complaints without fear of retaliation.
D. Work Schedules & Attendance
3.D.1 Standard Workweek. The Company’s standard workweek is [DAY] through [DAY], [HOURS].
3.D.2 Flexible & Remote Work. Eligibility and expectations are set forth in the Remote Work Policy (Appendix A).
3.D.3 Attendance. Regular attendance and punctuality are essential. Absences must be reported to [SUPERVISOR / HR] by [TIME] on the day of absence.
3.D.4 Meal & Rest Breaks. Non-exempt Employees receive meal and rest breaks in accordance with Delaware regulation and Company policy.
E. Employee Benefits
3.E.1 Eligibility. Benefits eligibility is determined by employment classification and length of service.
3.E.2 Medical, Dental & Vision. The Company offers group plans, subject to plan documents, enrollment requirements, and Applicable Law.
3.E.3 401(k) or Retirement Plan. Eligible Employees may participate after [TIME PERIOD] of service, subject to plan terms.
3.E.4 Workers’ Compensation. Employees injured on the job must report the injury immediately to HR to initiate a claim under Delaware workers’ compensation law.
3.E.5 Employee Assistance Program (EAP). Confidential counseling is available via [VENDOR] at [CONTACT INFO].
F. Leave Policies (Federal & Delaware-Specific)
3.F.1 Paid Time Off (PTO). Employees accrue PTO at the annualized rate of [#] hours, prorated for part-time status. PTO may be used in minimum increments of [#] hour(s).
3.F.2 Holidays. The Company observes the following paid holidays: [LIST].
3.F.3 Family and Medical Leave Act (FMLA). Eligible Employees (12 months’ service; 1,250 hours) may take up to 12 weeks of unpaid, job-protected leave for qualifying events under the FMLA, 29 U.S.C. § 2601 et seq.
3.F.4 Delaware Healthy Delaware Families Act Leave (Paid Family & Medical Leave). The Company will comply with Delaware’s forthcoming Paid Leave program as it becomes effective, including payroll contributions and notice requirements.
3.F.5 Delaware Paid Sick & Safe Leave. Employees accrue one hour of paid sick/safe leave for every 30 hours worked, up to at least 40 hours per benefit year, or as otherwise required by Delaware law.
3.F.6 Pregnant Workers Fairness / Pregnancy Accommodation Leave. Pregnant Employees may request time off for prenatal care, recovery, or related conditions, and the Company will provide job-protected leave as required.
3.F.7 Military Leave. Leave and re-employment rights are provided under USERRA and applicable Delaware statutes.
3.F.8 Jury & Witness Duty. Employees will be provided unpaid time off to serve, with PTO usage optional, and will not be disciplined for serving.
3.F.9 Voting Leave. Employees lacking sufficient time outside of Working Time to vote will be allowed up to [2] hours of paid time off.
3.F.10 Leave Administration. Leave requests should be submitted in writing at least [30] days in advance when foreseeable.
[// GUIDANCE: Confirm updated Delaware paid leave implementation dates before issuing final Handbook; edit subsections to match.]
G. Workplace Conduct & Ethics
3.G.1 Conflict of Interest. Employees must avoid activities that conflict with the Company’s interests. Written disclosure is required for potential conflicts.
3.G.2 Confidential Information & Trade Secrets. Employees shall not use or disclose Confidential Information except as authorized and shall return all Company property upon separation.
3.G.3 Data Privacy & Security. Employees must safeguard sensitive data, comply with the Company’s IT policies, and report breaches immediately.
3.G.4 Use of Company Property. Company equipment is for business use; limited personal use is permitted if it does not interfere with operations.
3.G.5 Social Media. Employees must not represent the Company on social media without authorization and must refrain from posting Confidential Information.
3.G.6 Drug-Free Workplace. Possession, use, or being under the influence of illegal drugs or alcohol during Working Time is prohibited.
3.G.7 Workplace Violence. Threatening or violent behavior will result in disciplinary action up to termination.
3.G.8 Whistleblower Protection. Retaliation against Employees who report suspected wrongdoing is prohibited.
H. Health, Safety & Security
3.H.1 OSHA Compliance. Employees must follow all safety rules and report hazards to the Safety Officer.
3.H.2 Emergency Procedures. Evacuation routes and emergency contacts are posted at each facility.
3.H.3 Pandemic & Infectious Disease Protocols. The Company follows CDC and Delaware Division of Public Health guidance.
3.H.4 Workplace Searches. Desks, lockers, and Company vehicles may be inspected at any time, subject to Applicable Law.
IV. REPRESENTATIONS & WARRANTIES
4.1 Employee Representations. As a condition of employment, each Employee represents and warrants that:
(a) The Employee is legally authorized to work in the United States;
(b) The Employee is not subject to any restrictive covenant that would prohibit or limit the Employee’s work for the Company; and
(c) The Employee will comply with all Applicable Law and Company policies.
4.2 Company Disclaimer. Except as expressly required by Applicable Law or a signed employment agreement, the Company makes no specific warranties regarding continued employment, wages, benefits, or working conditions.
V. COVENANTS & RESTRICTIONS
5.1 Employee Covenants. Each Employee covenants to:
(a) Observe the highest standards of integrity and professionalism;
(b) Protect Company Confidential Information;
(c) Comply with all reasonable directives of management; and
(d) Promptly disclose any invention or improvement arising from employment, subject to Applicable Law.
5.2 Company Covenants. The Company shall:
(a) Maintain a workplace free of unlawful discrimination and harassment;
(b) Pay all wages due in accordance with Section III.C;
(c) Provide a safe and healthy work environment; and
(d) Administer benefits in good faith and compliance with plan documents and Applicable Law.
VI. DEFAULT & REMEDIES (Discipline & Separation)
6.1 Progressive Discipline. The Company, in its discretion, may utilize the following graduated steps:
(a) Verbal Warning
(b) Written Warning
(c) Final Written Warning / Suspension
(d) Termination of Employment
[// GUIDANCE: Modify or remove steps if Company prefers “employment-at-will” flexibility.]
6.2 Gross Misconduct. The Company may bypass progressive steps and terminate immediately for theft, violence, harassment, falsification of records, serious safety violations, or other gross misconduct.
6.3 Voluntary Resignation. Employees should provide at least [2] weeks’ written notice.
6.4 Exit Obligations. Upon separation, Employees must return all Company property, complete an exit interview, and comply with post-employment covenants.
6.5 Final Remedies. Violations of post-employment obligations (e.g., confidentiality, non-solicitation) may result in injunctive relief (limited to protection of trade secrets and goodwill) and monetary damages consistent with Section VII.
VII. RISK ALLOCATION
7.1 Indemnification by Employee. To the fullest extent permitted by law, each Employee shall indemnify and hold harmless the Company, its officers, directors, and agents from any loss, liability, or expense (including reasonable attorneys’ fees) arising out of the Employee’s gross negligence, willful misconduct, or knowing violation of Applicable Law or Company policy.
7.2 Limitation of Company Liability. The Company’s aggregate liability to any Employee, arising from or related to employment, shall not exceed the statutory limits established under Applicable Law. Nothing herein limits liability for unpaid wages or benefits expressly required by law.
7.3 Insurance. The Company maintains workers’ compensation, general liability, and employment practices liability insurance (EPLI) as required and customary.
7.4 Force Majeure. Performance of non-essential obligations may be suspended to the extent hindered by natural disasters, acts of God, war, terrorism, epidemic, governmental action, or other events beyond the Company’s reasonable control.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Handbook, and any dispute arising out of employment with the Company, shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
8.2 Forum Selection. Unless the parties agree in writing to Arbitration under Section 8.3, the exclusive jurisdiction and venue for any action shall be the state courts located in [COUNTY], Delaware.
8.3 Optional Arbitration. By mutual written agreement executed after a dispute arises, the Company and Employee may submit any covered claim (except claims for workers’ compensation, unemployment, or claims seeking injunctive relief under Section 6.5) to confidential, binding arbitration administered by the American Arbitration Association (“AAA”) under its Employment Arbitration Rules.
8.4 Jury Waiver. To the fullest extent permitted by the Seventh Amendment and Delaware law, the parties knowingly and voluntarily waive the right to a trial by jury in any action arising out of or related to the employment relationship.
8.5 Injunctive Relief. The parties may seek provisional or injunctive relief in a court of competent jurisdiction for breaches involving Confidential Information, intellectual property, or restrictive covenants; all other equitable relief is limited as provided in Section 6.5.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver. The Company may amend this Handbook at any time by issuing a written notice or revised edition. Individual waivers must be in writing and signed by the [CEO / President].
9.2 Assignment & Delegation. Employee may not assign any rights or delegate any obligations under this Handbook. The Company may assign its rights and obligations in connection with a merger, acquisition, or sale of assets.
9.3 Successors & Assigns. This Handbook is binding upon, and inures to the benefit of, the Company’s successors and assigns.
9.4 Severability & Reformation. If any provision is held unenforceable, the remainder shall remain in full force, and the provision shall be reformed to the minimum extent necessary to make it enforceable.
9.5 Integration / Merger. This Handbook supersedes all prior handbooks, manuals, and written policies, except where specifically preserved in writing.
9.6 Counterparts & Electronic Signatures. Acknowledgment may be executed in counterparts, including electronic or digital signatures, each of which is deemed an original.
9.7 Accessibility. Upon request, the Company will provide this Handbook in accessible formats (e.g., large print, Braille, or other accommodations) consistent with the ADA.
X. EXECUTION BLOCK (EMPLOYEE ACKNOWLEDGMENT)
I acknowledge that I have received, read, and understand the [YEAR] Employee Handbook. I agree to comply with the policies and procedures contained herein and understand that violation may result in disciplinary action up to and including termination. I further understand that nothing in this Handbook alters the At-Will Employment relationship.
| Employee Printed Name | Employee Signature | Date |
|---|---|---|
| Company Representative | Title | Signature | Date |
|---|---|---|---|
Notarization/Witness: [Not required for Delaware employee acknowledgments; include if Company policy mandates.]
APPENDIX A – REMOTE WORK POLICY
[PLACEHOLDER]
APPENDIX B – SAFETY & EMERGENCY ACTION PLAN
[PLACEHOLDER]
[// GUIDANCE: Attach additional appendices (COVID-19 protocols, data privacy statements, etc.) as needed. Ensure consistency with main text.]