Is it a legal requirement to have an employee handbook?

Employers are not legally required to provide workers with an employee handbook. However, federal and state laws require companies to provide employees with information about workplace rights, sick leave policies, paid time off (PTO), etc.

By Douglas Wade, Attorney

Email  |  Call (800) 484-4610

When should you have an employee handbook?

In general, when a new employee joins a company, they receive an employee handbook during the onboarding process. This handbook reviews the company’s rules, policies, expectations, and procedures. While the state of California does not make having an employee handbook a legal requirement, there are benefits to writing and providing one. What an employer chooses to include in their handbook will depend on their business’ needs and the particular industry they are part of. By law, some policies must be communicated to employees, and the employee handbook is a convenient place to present this information.

That is to say, there is a legal requirement to have a written statements of conditions and terms, otherwise referred to as an employment contract. This contract conveys the essential employment information that an employee must agree to in order to be successfully onboarded. But a handbook, containing additional information about employee benefits, company culture, and specific company requirements, is not legally required. In this article, our employment lawyer attorney for companies discusses reasons for employers to have an employee handbook as follows:

How much does it cost for an employee handbook?

At Nakase Wade, we have a low fee for writing a company handbook, starting at $2,500 for employers with less than 30 California employees; $5,000 for employers with greater than 31 California employees.

What are the advantages of having an employee handbook?

An employee handbook provides employees with objectives, management styles, and HR best practices to foster beneficial management-employee relationships. One of the major benefits of creating an employee handbook is reducing a business’ risk of being sued. For instance, by putting a dignity at work or an equal opportunities policy in the handbook, an employer gives themselves a defense if an employee sues them over harassment or discrimination. At a legal tribunal, the employer may show that they took legitimate steps to discourage or prevent the bad behavior. That said, this benefit is only applicable if the policy is consistently enforced.

Another advantage of having an employee handbook is that it offers consistency. Employees will understand what their expectations are and what benefits they are entitled to. Managers and supervisors will understand procedures, and there will be no room for misinterpretation or misunderstanding. An employee handbook also provides a place for an employer to expand on their values and desired company culture.

What should an employee handbook include?

An employee handbook should include the company’s policies and expectations. The following should be included in a company handbook:

  • General employment information Process for filing a complaint
  • At-will nature of employment
  • Code of conduct
  • Meal and rest periods
  • Overtime eligibility
  • Timekeeping
  • Paydays
  • Pay policies
  • Evaluation process for promotions and raises
  • Paid vacation policy
  • Sick leave policy
  • Safety and security
  • Anti-retaliation
  • Anti-harassment
  • Equal employment opportunity (antidiscrimination)

A handbook may also include a punitive policy and a grievance policy, so that employees know what their expectations are and where and how they may file a complaint about the workplace. The handbook is also the appropriate place to describe the workplace retirement scheme – again, even if this information has already been included in the employees’ contract.

If a business has more than five employees, then it must have its safety and health policy in writing, as well.

Only a few select employers require whistleblowing policies, such as those that work in financial services and those who are subject to regulation.

For an employer’s protection, it is also recommended to have an anti-discrimination policy and an antiharassment policy. These can help defend a lawyer in the event of a harassment or discrimination lawsuit.

How do you write a simple employee handbook?

When composing an employee handbook, an employer should start with an introduction that gives new employees a short overview of the business and the handbook itself. This statement should reflect the company’s values and culture.

The handbook should then go into specific policies, which should be grouped by topic, or by non-contractual and contractual status. For instance, an employer may group employee benefits together, and discrimination policies separately. However an employer wishes to structure their employee handbook, he or she should clarify which policy is contractual and which is non-contractual.

After an employer gives an employee their handbook, the employee should confirm receipt of the handbook and show that they have reviewed and consented to its contents. This is an especially important step if the handbook contains contractual policies. Agreement may be in the form of checking a box, sending a confirmation email, or signing a paper copy of the handbook.

An employer should also consider what form he or she wants the handbook to be in. One may decide to use an electronic PDF copy, a hard copy, or a copy that is accessible via the company’s intranet.

Can an employee handbook be changed?

It is important that an employer review their employee handbook on a regular basis. This is vital if there have been changes to the business. It is recommended that an employer update their handbook once every year at minimum. If an employer makes reference to any statutory rates in their policies, such as pay for sick days, then these should be reviewed and updated in October and April.

When updates are made to the handbook, employees and staff should be granted access to the most recent version for their reference. When an employer amends contractual policies, he or she will need to have their employees agree to the changes. This is an important step because an employer does not want to risk an unfair dismissal or breach of contract claim. Non-contractual policies, however, may be amended without consulting employees or staff.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

Job Enlargement- Definition, Benefits, and Modern-day Examples

Job Enlargement: Definition, Benefits, and Modern-day Examples

Job enlargement adds variety by expanding an employee’s tasks within their current role. Review its benefits, drawbacks, practical examples, and implementation tips.
How to Resign from a Job

How to Resign from a Job: Giving Notice the Right Way

How to resign from a job professionally, give notice, and maintain positive relationships. Includes resignation letter tips and considerations for final pay, benefits, and references.
How to calculate regular rate of pay

Regular Rate of Pay in California: Calculations, Bonuses, and Overtime

California regular rate of pay calculations affect overtime and break premiums. See how bonuses, commissions, and multiple pay rates factor in.
What is Supplemental Pay

What Is Supplemental Pay? Types, Examples, and Tax Rules

Supplemental pay includes bonuses, commissions, and other wages beyond regular pay. See how tax withholding methods and payroll reporting work.
On-call For Work Laws

On-Call Pay Laws in California: Employee Rights and Employer Obligations

Do you get paid for being on call in California? This guide covers on-call pay laws, employer control, employee rights, and unpaid wage claims.
What happens if you get caught lying on unemployment

What Happens If You Get Caught Lying on Unemployment in California?

Lying on unemployment in California can lead to repayment, fines, and jail time. This guide covers EDD fraud investigations, penalties, and possible legal defenses.
How many hours is considered part-time work

How Many Hours Is a Part Time Job in California?

How many hours is a part-time job in California? This guide covers work schedules, health benefits, sick leave, overtime, and breaks.
What Does It Mean if Medical Expenses Are Pre-Tax

What Does Medical Pre-Tax Mean?

What does medical pre-tax mean? This guide covers health deductions, tax savings, W-2 reporting, and differences between pre-tax and after-tax medical costs.
Difference between Paid Time Off PTO vs Accrual Paid Sick Leave

PTO vs Sick Time in California: Rules, Accrual, and Payouts

Compare PTO vs sick time in California, including accrual, carryover, and payout rules. See how combined leave banks affect employer costs and policy compliance.
Job Enrichment- Definition, Benefits, and Implementation strategies

Job Enrichment: Definition, Benefits, and Implementation Strategies

Job enrichment adds autonomy and responsibility to make work more rewarding. See its benefits, drawbacks, examples, and implementation strategies.
Gainsharing- Boosting Team Performance and Profits

Gainsharing: Boosting Team Performance and Profits

Gainsharing rewards employees for team improvements in productivity and cost savings. See how performance metrics, shared bonuses, and employee involvement shape programs.
Functional Conflict- Driving Team Success

Functional Conflict: Driving Team Success

Functional conflict supports teamwork, creativity, and collaborative problem-solving. See how open communication and early conflict resolution help teams address workplace disagreements constructively.
Job Characteristics Model

Job Characteristics Model: Definition, Core Characteristics, and Examples

The Job Characteristics Model explains how skill variety, task identity, task significance, autonomy, and feedback influence employee motivation and performance. See practical examples of how job design can improve satisfaction, engagement, productivity, and workplace outcomes across different roles.
Checklist for How to Fire an Employee in California

California Employee Termination Checklist: How to Fire an Employee and Follow Termination Laws

California employee termination checklist covers final paychecks, required notices, benefits, WARN rules, and lawful steps for firing employees. Follow California termination laws to reduce legal risks and manage employee dismissals with consistent documentation, payroll, benefits, and access procedures.
Constructive Discharge California

Constructive Discharge in California: Examples and Rights

Constructive discharge in California occurs when intolerable working conditions effectively force an employee to resign. See common examples, employee rights, proof requirements, resignation considerations, and deadlines for pursuing a constructive discharge claim.
What Does Basic Pay Mean - Base Pay Explained

What Does Basic Pay Mean? Base Pay Explained

Basic pay is your regular salary or hourly wage before extra compensation. See how base pay is calculated and differs from gross pay.
9 Box Talent Review- Learn How to Create A 9 Box Grid

9 Box Grid Review: Learn How to Create A 9 Box Grid

The 9-box grid helps assess employee performance and potential for talent management, development, and succession planning. Follow practical steps for creating, calibrating, and using a nine-box talent review.
Reasons For Unemployment Denial

Reasons for Unemployment Denial in California

California unemployment denial can result from misconduct, voluntary quitting, fraud, insufficient earnings, or failure to meet work-search requirements. Review EDD eligibility rules, appeal deadlines, benefit penalties, severance considerations, and exceptions for school employees and striking workers.
What Is Unpaid Time Off and How To Create A Company Policy For It

What Is Unpaid Time Off and How To Create A Company Policy For It

Unpaid time off lets employees take approved leave without pay for personal, medical, or other eligible reasons. See how to create a company unpaid time off policy covering eligibility, requests, benefits, leave limits, and employee returns.
What Are Pretax Deductions Types and Benefits

What Are Pretax Deductions? Types and Benefits

Pretax deductions reduce taxable wages by subtracting eligible benefit costs from employee pay before taxes are calculated. Find common deduction types, contribution limits, tax savings, and rules for health plans, retirement accounts, dependent care, and commuting benefits.
What Does HR Do

What Does HR Do? Key Functions and Roles

HR manages hiring, training, performance, compensation, employee relations, workplace safety, and workforce planning to support organizational success. This article covers essential HR roles, including recruitment, career development, payroll, employee well-being, communication, and administrative responsibilities.
WARN Act CA (Mass Layoff Protection for Workers)

WARN Act CA (Mass Layoff Protection for Workers)

California WARN Act protections require covered employers to give 60 days’ notice before mass layoffs, relocations, or plant closures. Affected workers may recover back pay, lost benefits, medical costs, civil penalties, and attorney’s fees when notice requirements are violated.
Meal Penalties in California

California Meal Penalty: What Employers Need to Know

California meal penalty rules can cost employers one hour of pay for each missed, short, or noncompliant meal break. This guide covers waiver rules, premium pay calculations, compliance mistakes, and industry-specific challenges under California meal break law.
What Are the Different Types of Toxic Coworkers

What Are the Different Types of Toxic Coworkers?

Identify common toxic coworker types, including bullies, slackers, pessimists, volatile employees, and overworked martyrs. See practical ways leaders can address harmful behavior, protect morale, and build a healthier workplace culture.
Workplace Bullying Law in California

Workplace Bullying Law in California

California workplace bullying may become illegal when tied to protected characteristics, harassment, discrimination, retaliation, or severe hostile conduct. Employees may pursue complaints, compensation, reinstatement, and legal action when employers fail to prevent or correct unlawful behavior.

How Much Can You Sue an Employer for Misclassification?

California workers may sue employers for misclassification to recover unpaid wages, penalties, expenses, and damages tied to workplace violations. Compensation can range from thousands to millions, depending on duration, affected employees, retaliation, and class action claims.
What is the difference between disparate treatment and disparate impact

What is the Difference between Disparate Impact and Disparate Treatment?

Compare disparate impact and disparate treatment, including intent, evidence, EEOC concerns, workplace examples, and hiring compliance risks. Employers can reduce discrimination claims through consistent policies, bias training, regular audits, and proper documentation.
Short Term Disability What Is It & How Does It Work

Short Term Disability: What Is It & How Does It Work?

California short-term disability insurance offers wage replacement for eligible workers facing illness, injury, pregnancy, or childbirth. See SDI payments, filing deadlines, paid family leave rules, and pregnancy disability protections in California.
Onboarding Paperwork Checklist

Onboarding Paperwork Checklist: Key Documents Every Employer Needs for New Hires

Use this onboarding paperwork checklist to manage employment forms, tax records, payroll details, benefits materials, and compliance documents. Keep new-hire records accurate, organized, and ready for HR review, payroll setup, and compliance audits.
What Does FEHA Stand For

What does FEHA stand for in California?

FEHA stands for California's Fair Employment and Housing Act, which protects workers from discrimination, harassment, and retaliation. This guide covers protected classes, disability accommodations, employer duties, complaint options, deadlines, and possible damages.

Free Consultation