It is almost 2012 and here is a list of seven items you want to make sure you have, or consider adding, to your employee handbook for the new year.  

• Social Media Policy providing employees with proper guidance on acceptable and unacceptable uses of social media and containing a disclaimer that no provision of the policy is intended to infringe on employees’ NLRA Section 7 rights (i.e., to engage in concerted activity for their mutual aid and protection and to collectively bargain).
• Social media policy that incorporates provisions regarding employee endorsements that comply with the Federal Trade Commissions guidance on those endorsements.
• Consider adding a mutual Waiver of Jury Trial or class action/collective action waiver –or some other form of alternative dispute resolution.  Check with your employment attorney to make sure the form in which you implement this renders it enforceable.
• Updated FMLA policy implementing the changes from 2008 and 2009 amendments if you have not had the policy updated since then.  
• Policy regarding the employer’s commitment to providing reasonable accommodation to qualified individuals with disabilities and explaining the process an employee can initiate to request reasonable accommodation.
• Ensuring that any neutral absence control or maximum duration of leave policy carves out protected leave such as FMLA, military leave and leave provided as a reasonable accommodation to a qualified individual with a disability.
• A provision prohibiting the surreptitious audio or video recording by employees during working hours or while on the employer’s property along with a NLRA section 7 disclaimer.

Follow me on Twitter @RussellCawyer.