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Employee Handbooks – Best Practices and Potential Pitfalls (Presented by the Federal Bar Association Labor & Employment Law Section)

Essential guidance on drafting compliant employee handbooks, covering multi-state requirements, common pitfalls, and litigation-proofing strategies for employers.

2025-03-11 14:00:00

1.5 hours

Program Details

2025-03-11 14:00:00

Program Details

2025-03-11 14:00:00

Over 1,000+ webinars

2025-03-11 14:00:00

1.5 hours

Course Overview

Drafting Multi-Jurisdictional Employee Handbooks

2025-03-11 14:00:00

Participants will learn essential strategies for creating legally compliant employee handbooks across multiple states and jurisdictions. These skills help minimize litigation risk while maintaining practical workplace policies.

Format

CLE Credit

1.5h CLE Credits

Level

Intermediate

Length

1.5

Key topics that will be covered

01
Handbook Goals
Handbooks provide legal protection and document compliance while setting employee expectations.
02
Essential Policies
Key policies include anti-discrimination, wage and hour, workplace conduct, and leave provisions.
03
Policies to Avoid
Avoid arbitration clauses, probationary periods, and rigid progressive discipline policies in handbooks.
04
Multi-State Compliance
Address distributed workforces through highest common denominator or state-by-state compliance approaches.
05
Puerto Rico Requirements
Puerto Rico treats handbooks as contracts and requires just cause for termination.
06
Litigation Perspectives
Plaintiff attorneys use policy deviations and subjective criteria as discrimination evidence.

Program schedule

clock 2:00 pm - 2:15 pm EST

Understanding Employee Handbook Goals and Key Benefits

This session explores the practical and legal purposes of employee handbooks, from welcoming new employees to minimizing legal risk. Participants will learn how to view handbooks as potential court exhibits and understand key risks including contractual obligations and outdated content.

David A. MichelDavid A. Michel
Jack BlumJack Blum
James NoelJames Noel
Brian J. MacDonoughBrian J. MacDonough
clock 2:15 pm - 2:30 pm EST

Essential Handbook Policies and Common Pitfalls

A deep dive into must-have policies including anti-discrimination, wage and hour, workplace conduct, and leave policies. This session also covers policies to avoid such as probationary periods and rigid progressive discipline, along with current DEI policy considerations.

David A. MichelDavid A. Michel
Jack BlumJack Blum
James NoelJames Noel
Brian J. MacDonoughBrian J. MacDonough
clock 2:30 pm - 2:45 pm EST

Managing Multi-State and Multi-Jurisdictional Handbook Compliance

Learn strategies for addressing distributed workforces across multiple states, including the highest common denominator approach versus state-by-state compliance. This session covers handbook structure options, cost considerations, and navigating complex leave entitlement stacking across jurisdictions.

David A. MichelDavid A. Michel
Jack BlumJack Blum
James NoelJames Noel
Brian J. MacDonoughBrian J. MacDonough
clock 2:45 pm - 3:00 pm EST

Puerto Rico's Unique Employment Law Requirements

Discover why Puerto Rico requires special handbook treatment, including the handbook-as-contract doctrine and the absence of at-will employment. This session covers required protocols for domestic violence, workplace bullying, and sexual harassment, plus Puerto Rico’s extensive leave laws.

David A. MichelDavid A. Michel
Jack BlumJack Blum
James NoelJames Noel
Brian J. MacDonoughBrian J. MacDonough
clock 3:00 pm - 3:10 pm EST

Break

A short intermission allowing participants to refresh before the final sessions. Use this time to review notes and prepare questions for the upcoming case studies and Q&A.

David A. MichelDavid A. Michel
Jack BlumJack Blum
James NoelJames Noel
Brian J. MacDonoughBrian J. MacDonough
clock 3:10 pm - 3:30 pm EST

Plaintiff Attorney Perspectives: Case Studies and Scenarios

Gain insight into how plaintiff-side employment lawyers use poorly drafted handbooks in discrimination litigation. This session examines why disclaimers aren’t bulletproof, how policy deviations serve as evidence of discriminatory intent, and common employer mistakes to avoid.

David A. MichelDavid A. Michel
Jack BlumJack Blum
James NoelJames Noel
Brian J. MacDonoughBrian J. MacDonough
clock 3:30 pm - 3:40 pm EST

Interactive Q&A: Addressing Your Handbook Questions

An open forum for participants to ask questions and discuss specific handbook challenges with the presenters. This session provides an opportunity to clarify concepts and explore real-world application of the material covered.

David A. MichelDavid A. Michel
Jack BlumJack Blum
James NoelJames Noel
Brian J. MacDonoughBrian J. MacDonough
David A. Michel

David A. Michel

Sherin and Lodgen LLP

Jack Blum

Jack Blum

Polsinelli

James Noel

James Noel

McConnell Valdés LLC

Brian J. MacDonough

Brian J. MacDonough

Sherin and Lodgen LLP

David A. Michel

David A. Michel

Sherin and Lodgen LLP

David A. Michel is a litigation partner at Sherin and Lodgen LLP in Boston, where he assists clients in resolving complex employment, business, and real estate disputes. His practice covers a broad range of civil and commercial matters in federal and state courts and through alternative dispute resolution, with particular focus on employment matters involving restrictive covenants, discrimination, wrongful termination, and wage and hour litigation, as well as commercial and real estate disputes including adverse possession, breach of contract, brokerage, and zoning. He is Chair of the Federal Bar Association’s Labor and Employment Section and previously served as 1st Circuit Representative on the Board of the FBA’s Younger Lawyers Division. Prior to Sherin and Lodgen, David served as a Staff Attorney for the Committee for Public Counsel Services’ Public Defender Division, where he represented indigent defendants in criminal matters. He holds a B.A. from The George Washington University and a J.D. from Boston University School of Law, where he graduated with Honors in the Litigation and ADR Concentration.

Education & Credentials

David holds a Bachelor of Arts from The George Washington University and a Juris Doctor from Boston University School of Law, where he earned Honors in the Litigation and Alternative Dispute Resolution Concentration — a distinction that reflects his academic grounding in the areas that now define his practice. During law school, he served as Submissions Editor of the Boston University Public Interest Law Journal. His prior service as a Staff Attorney with the Committee for Public Counsel Services, where he represented indigent defendants through trial, supplemented his academic credentials with direct courtroom experience before he joined Sherin and Lodgen.

Recognition & Leadership

David serves as Chair of the Federal Bar Association's Labor and Employment Section — a national leadership role that reflects his engagement with and standing in the federal labor and employment law community. He previously served as 1st Circuit Representative on the Board of the FBA's Younger Lawyers Division, demonstrating sustained FBA leadership across career stages. His elevation to partner at Sherin and Lodgen, a firm recognized by Chambers USA for Labor and Employment and by U.S. News Best Law Firms for Employment Law, reflects consistent peer and client recognition of his litigation quality and professional judgment.

Professional Involvement

David is Chair of the FBA's Labor and Employment Section and a former board member of the FBA's Younger Lawyers Division (1st Circuit Representative). At Sherin and Lodgen, he is a member of the Litigation Department, contributing to a practice recognized by Chambers USA for Labor and Employment and listed in the Best Lawyers Best Law Firms rankings. He has presented at the FBA's Labor and Employment Law Washington DC Roadshow and regularly contributes to the firm's employment and real estate litigation practice.

Experience

David Michel has built a litigation practice at Sherin and Lodgen that spans two demanding and distinct areas — employment law and commercial/real estate disputes — while maintaining an active role in the Federal Bar Association's national labor and employment leadership. His BU Law Honors in Litigation and ADR, his public defender experience representing indigent defendants through trial, and his decade-plus at Sherin and Lodgen representing both companies and individuals in complex federal and state court proceedings reflect a litigator whose courtroom and ADR experience is matched by substantive breadth across the employment and real estate practice areas he now leads as a partner.
Jack Blum

Jack Blum

Polsinelli

Jack Blum is an experienced employment law advisor and litigator who defends employers against all manner of employee claims in federal and state courts and before government agencies, with a particular focus on representing government contractor employers.

Experience

Extensive experience defending employers in employment discrimination, harassment, retaliation, non-compete and trade secret litigation, wage and hour class actions, employment contract disputes, and independent contractor misclassification claims. Guides government contractor clients through OFCCP audits and advises on Davis-Bacon Act, Service Contract Act, and FAR/DFAR compliance. Experienced in both prosecuting and defending employee mobility claims and obtaining temporary restraining orders. Works closely with in-house counsel and HR on personnel policies, employee classifications, reductions in force, and internal investigations.
James Noel

James Noel

McConnell Valdés LLC

Counsel in the Labor & Employment Law Practice Group providing advice and representation to employers in all areas of federal and Puerto Rico employment law.

Professional Involvement

Past-President of the FBA, Puerto Rico Chapter; former Treasurer of the Labor and Employment Law Section of the FBA national; Vice-Chairman of the Counsel of Past Presidents of the FBA Puerto Rico Chapter; Fellow of the Foundation of the FBA; member of the Board of the Labor and Employment Section of the FBA. Provides advice to Corporación La Fondita de Jesús, a non-profit organization helping people with controlled substance problems. Has provided pro bono services in Federal and State Courts.

Experience

Vast litigation experience in both state and federal courts. Has handled matters involving specialized knowledge including the Railway Labor Act, the National Labor Relations Act, the Federal Arbitration Act, ERISA, and COBRA. Served as counsel in cases before the U.S. District Court for the Southern District of Florida and the U.S. District Court for the Central District of California. Has handled numerous due diligence matters including purchase or sale of businesses in Puerto Rico and labor and employment audits.
Brian J. MacDonough

Brian J. MacDonough

Sherin and Lodgen LLP

Brian J. MacDonough chairs the Employment Department at Sherin and Lodgen LLP and counsels and represents executives and professionals in sophisticated employment and compensation matters and employment litigation.

Recognition & Leadership

Recognized by Chambers USA, with interviewees noting he 'brings a calm demeanor to the table and focuses on the best outcome for his client.'

Professional Involvement

Former co-chair of the Boston Bar Association's Labor & Employment Law Section. Served on the committee that prepared draft sexual harassment regulations for the Massachusetts Commission Against Discrimination and assisted in drafting proposed revisions of the Commission's procedural regulations. Frequent author and speaker on employment law matters. Editor and co-author of the Massachusetts Employment Law Manual published by MCLE, Inc. Co-authored employment law chapters for MCLE's Massachusetts Basic Practice Manual and sections of the quarterly Commentary for the Massachusetts Discrimination Law Reporter. Has chaired several MCLE programs including 'What Every Lawyer Needs to Know About Employment Law' and 'Preventing and Litigating Wage & Hours Cases.'

Experience

Handles a wide range of matters including contract negotiation and enforcement, discrimination, whistleblowing, wage and hour issues, and wrongful termination. Advises executives and professionals on employment agreements, change of control agreements, equity and deferred compensation vehicles, non-competition covenants, severance terms, and transition agreements. Litigates cases in federal and state courts and appears regularly before the Massachusetts Commission Against Discrimination and U.S. Equal Employment Opportunity Commission.
David A. Michel

David A. Michel

Sherin and Lodgen LLP

David A. Michel is a litigation partner at Sherin and Lodgen LLP in Boston, where he assists clients in resolving complex employment, business, and real estate disputes. His practice covers a broad range of civil and commercial matters in federal and state courts and through alternative dispute resolution, with particular focus on employment matters involving restrictive covenants, discrimination, wrongful termination, and wage and hour litigation, as well as commercial and real estate disputes including adverse possession, breach of contract, brokerage, and zoning. He is Chair of the Federal Bar Association’s Labor and Employment Section and previously served as 1st Circuit Representative on the Board of the FBA’s Younger Lawyers Division. Prior to Sherin and Lodgen, David served as a Staff Attorney for the Committee for Public Counsel Services’ Public Defender Division, where he represented indigent defendants in criminal matters. He holds a B.A. from The George Washington University and a J.D. from Boston University School of Law, where he graduated with Honors in the Litigation and ADR Concentration.

Education & Credentials

David holds a Bachelor of Arts from The George Washington University and a Juris Doctor from Boston University School of Law, where he earned Honors in the Litigation and Alternative Dispute Resolution Concentration — a distinction that reflects his academic grounding in the areas that now define his practice. During law school, he served as Submissions Editor of the Boston University Public Interest Law Journal. His prior service as a Staff Attorney with the Committee for Public Counsel Services, where he represented indigent defendants through trial, supplemented his academic credentials with direct courtroom experience before he joined Sherin and Lodgen.

Recognition & Leadership

David serves as Chair of the Federal Bar Association's Labor and Employment Section — a national leadership role that reflects his engagement with and standing in the federal labor and employment law community. He previously served as 1st Circuit Representative on the Board of the FBA's Younger Lawyers Division, demonstrating sustained FBA leadership across career stages. His elevation to partner at Sherin and Lodgen, a firm recognized by Chambers USA for Labor and Employment and by U.S. News Best Law Firms for Employment Law, reflects consistent peer and client recognition of his litigation quality and professional judgment.

Professional Involvement

David is Chair of the FBA's Labor and Employment Section and a former board member of the FBA's Younger Lawyers Division (1st Circuit Representative). At Sherin and Lodgen, he is a member of the Litigation Department, contributing to a practice recognized by Chambers USA for Labor and Employment and listed in the Best Lawyers Best Law Firms rankings. He has presented at the FBA's Labor and Employment Law Washington DC Roadshow and regularly contributes to the firm's employment and real estate litigation practice.

Experience

David Michel has built a litigation practice at Sherin and Lodgen that spans two demanding and distinct areas — employment law and commercial/real estate disputes — while maintaining an active role in the Federal Bar Association's national labor and employment leadership. His BU Law Honors in Litigation and ADR, his public defender experience representing indigent defendants through trial, and his decade-plus at Sherin and Lodgen representing both companies and individuals in complex federal and state court proceedings reflect a litigator whose courtroom and ADR experience is matched by substantive breadth across the employment and real estate practice areas he now leads as a partner.
Jack Blum

Jack Blum

Polsinelli

Jack Blum is an experienced employment law advisor and litigator who defends employers against all manner of employee claims in federal and state courts and before government agencies, with a particular focus on representing government contractor employers.

Experience

Extensive experience defending employers in employment discrimination, harassment, retaliation, non-compete and trade secret litigation, wage and hour class actions, employment contract disputes, and independent contractor misclassification claims. Guides government contractor clients through OFCCP audits and advises on Davis-Bacon Act, Service Contract Act, and FAR/DFAR compliance. Experienced in both prosecuting and defending employee mobility claims and obtaining temporary restraining orders. Works closely with in-house counsel and HR on personnel policies, employee classifications, reductions in force, and internal investigations.
James Noel

James Noel

McConnell Valdés LLC

Counsel in the Labor & Employment Law Practice Group providing advice and representation to employers in all areas of federal and Puerto Rico employment law.

Professional Involvement

Past-President of the FBA, Puerto Rico Chapter; former Treasurer of the Labor and Employment Law Section of the FBA national; Vice-Chairman of the Counsel of Past Presidents of the FBA Puerto Rico Chapter; Fellow of the Foundation of the FBA; member of the Board of the Labor and Employment Section of the FBA. Provides advice to Corporación La Fondita de Jesús, a non-profit organization helping people with controlled substance problems. Has provided pro bono services in Federal and State Courts.

Experience

Vast litigation experience in both state and federal courts. Has handled matters involving specialized knowledge including the Railway Labor Act, the National Labor Relations Act, the Federal Arbitration Act, ERISA, and COBRA. Served as counsel in cases before the U.S. District Court for the Southern District of Florida and the U.S. District Court for the Central District of California. Has handled numerous due diligence matters including purchase or sale of businesses in Puerto Rico and labor and employment audits.
Brian J. MacDonough

Brian J. MacDonough

Sherin and Lodgen LLP

Brian J. MacDonough chairs the Employment Department at Sherin and Lodgen LLP and counsels and represents executives and professionals in sophisticated employment and compensation matters and employment litigation.

Recognition & Leadership

Recognized by Chambers USA, with interviewees noting he 'brings a calm demeanor to the table and focuses on the best outcome for his client.'

Professional Involvement

Former co-chair of the Boston Bar Association's Labor & Employment Law Section. Served on the committee that prepared draft sexual harassment regulations for the Massachusetts Commission Against Discrimination and assisted in drafting proposed revisions of the Commission's procedural regulations. Frequent author and speaker on employment law matters. Editor and co-author of the Massachusetts Employment Law Manual published by MCLE, Inc. Co-authored employment law chapters for MCLE's Massachusetts Basic Practice Manual and sections of the quarterly Commentary for the Massachusetts Discrimination Law Reporter. Has chaired several MCLE programs including 'What Every Lawyer Needs to Know About Employment Law' and 'Preventing and Litigating Wage & Hours Cases.'

Experience

Handles a wide range of matters including contract negotiation and enforcement, discrimination, whistleblowing, wage and hour issues, and wrongful termination. Advises executives and professionals on employment agreements, change of control agreements, equity and deferred compensation vehicles, non-competition covenants, severance terms, and transition agreements. Litigates cases in federal and state courts and appears regularly before the Massachusetts Commission Against Discrimination and U.S. Equal Employment Opportunity Commission.

Credits by state

AK1.5
AL1.5
AR1.5
AZ1.5
CA1.5
CO1.5
CT1.5
DC1.5
DE1.5
FL1.5
GA1.5
HI1.5
IA1.5
ID1.5
IL1.5
IN1.5
KS1.5
KY1.5
LA1.5
MA1.5
MD1.5
ME1.5
MI1.5
MN1.5
MO1.8
MS1.5
MT1.5
NC1.5
ND1.5
NE1.5
NH90.0
NJ1.5
NM1.5
NV1.5
NY1.5
OH1.5
OK2.0
OR1.5
PA1.5
RI2.0
SC1.5
SD1.5
TN1.5
TX1.5
UT1.5
VA1.5
VT1.5
WA1.5
WI1.5
WV1.8
WY1.5

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Approved
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs