The beginning of a new year often signifies an opportunity to reflect upon the past, to set goals for the future, and to begin with a fresh start. Each January, many of us, inspired by the start of the new year, resolve to become better versions of ourselves, try something new, or achieve myriad personal aspirations.

But new year’s resolutions need not be limited to personal growth. While many of us are hoping to hit the gym more frequently this year, employers should consider getting something into shape themselves – their employee handbooks.

Employee handbooks should not be viewed by employers as an “one and done” task. Rather, employers should remain mindful that the laws and regulations governing the employment relationship change from time to time (in substance or interpretation). As a result, employers must make it a regular practice to review their employee handbooks and to revise them as necessary to keep pace with the evolving nature of employment laws.

As we head into 2026, employers are encouraged to set time aside for a comprehensive employee handbook review. The following employee handbook topics are ones that employers are encouraged to revisit in 2026.

Wage and Hour Policies

Wage and hour law compliance is frequently a “hot topic” in the employment law space, and noncompliance can often come with a significant price tag for employers. Employee handbooks should cover the following wage and hour matters, at a minimum:

• An overtime policy, explaining that non-exempt employees are entitled to overtime for hours worked over 40 hours in a single workweek (federal and Wisconsin law). Note that overtime is paid at 1.5 times the “regular rate of pay,” which includes all remuneration paid to an employee (including non-discretionary bonuses), with certain exceptions.
• If an employer requires a non-exempt employee to obtain authorization before working overtime, that should be identified in the employee handbook. While employers must still pay employees for any hours worked (including unauthorized overtime), a clear policy may permit employers to discipline employees for failure to seek any required pre-authorization.
• Employers should include a policy requiring that employees report all hours worked (including those outside of regularly scheduled work hours), and prohibiting employees from working “off-the-clock.”
• Employers should define their seven-day workweek for purposes of computing overtime.
• Employers should include a “safe harbor” policy, providing employees with an internal mechanism by which to make complaints of improper pay deductions (and should promptly reimburse employees for any improper deductions and make a good faith effort to prevent future errors).

Pregnancy-Related Accommodation, Including Breaks for Nursing Mothers

With the passage of the Pregnant Workers Fairness Act (PWFA) in 2023, covered employers must ensure that their employee handbooks address the employer’s obligation to provide reasonable accommodations to employees with known limitations due to pregnancy, childbirth, and related medical conditions.

Employee handbooks should address at a minimum:

• Employees who have limitations due to pregnancy, childbirth, or related medical conditions are entitled to reasonable accommodation in the workplace, and the mechanism by which such employees can request accommodation.
• Employees who are nursing are entitled to reasonable break time each time there is a need to express milk. The employer must provide a space for expressing milk that is not a bathroom and that is shielded from view and free from intrusion by others. The space must be in reasonable proximity to the employee’s workspace, have electricity, be regularly cleaned, include seating and a surface on which to place a pump, and be located near a sink, running water, and a refrigerator for storing milk.

At-Will Employment Language

Employers who employ individuals on an at-will basis should include a policy in their employee handbooks expressly stating:

• that the employment relationship is on an at-will basis;
• that the employee handbook does not constitute a contract of employment or a guarantee that employment will continue for any specified period of time; and
• that nothing can amend or change the at-will nature of the employment relationship except for a written contract that is signed by an authorized officer of the company.

Equal Employment Opportunity Policies

Employee handbooks should include policies governing equal employment opportunity and prohibiting unlawful discrimination and harassment. Such policies should include the following:

• Explain that the employer is an equal opportunity employer, and that all employment-related decisions are made without regard to an individual’s membership in a protected class (e.g., based on sex, national origin, race, color, religion, etc.). Employers should note that the Wisconsin Fair Employment Act provides broader protections than those provided under Title VII of the Civil Rights Act of 1964 (including, e.g., prohibitions on discrimination against individuals based on an arrest or conviction record and the use or non-use of a lawful product off premises).
• A firm anti-discrimination and anti-harassment statement, with a clearly identified reporting mechanism by which employees can report any alleged discrimination and/or harassment. The reporting mechanism should provide multiple avenues to report such alleged discrimination and/or harassment, in the event the employee is not comfortable reporting the conduct to a manager or supervisor (including if the manager or supervisor is the perpetrator).
• An anti-retaliation provision, prohibiting retaliation against anyone who reports alleged discrimination or harassment, or who participates in a related investigation.
• The process by which individuals with a disability can request accommodation.
• The policy should not guarantee or promise that any reports of alleged discrimination or harassment will remain completely confidential. Often, disclosing certain details of the allegations will be necessary to conduct a thorough investigation.

Leaves of Absence Policies

Employee handbooks should address any policies that an employer has related to leaves of absence from work, including how an employee requests leave and the terms and conditions of such leave. This would include, for example (and without limitation), the following:

• Federal FMLA and Wisconsin FMLA policies. Generally, employers with 50 or more employees are subject to both the Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (Wisconsin FMLA). These laws entitle eligible employees to certain amounts of unpaid leave each calendar year (Wisconsin FMLA) and 12-month period (FMLA) for purposes of their own serious health condition, taking care of a family member with a serious health condition, for birth or bonding with a new child, and (in the case of the FMLA) certain military-related exigencies or to care for a covered service member.
• Voting Leave. Under Wisconsin law, employees are entitled to up to three hours of unpaid leave from work to vote in an election while the polls are open. There is no requirement that the employee have limited availability to vote outside of working hours to be entitled to this unpaid leave.
• Jury Duty Leave. Employers are prohibited from taking adverse action against employees who take leave from work to fulfill their civic jury duty obligations.
• Bone Marrow and Organ Donation Leave. Pursuant to Wisconsin law, employers with 50 or more employees are required to permit eligible employees to take up to six (6) weeks of unpaid leave in a 12-month period for the purpose of serving as a bone marrow or organ donor.

Employee Conduct Policies (Including Attendance)

Employers should put into writing any policies that they have implemented to govern employee conduct (including attendance). Doing so ensures that the employer’s expectations for employee conduct are unambiguous and are properly communicated to all employees. These policies should address the following:

• Clearly identify conduct that is prohibited by the employer, but include a caveat that the list of prohibited conduct is not exhaustive. Include general requirements that all employees are expected to adhere to all employer policies, conduct themselves in a professional manner, and abide by principles of common sense in the workplace.
• If the company uses progressive discipline, include the disciplinary steps within the policy, but make it clear that the company reserves the right to skip steps in the process and to terminate an individual’s employment at any time, depending on the facts and circumstances.

Employee Handbook Acknowledgment

Employee handbooks should include an acknowledgment form, to be signed by the employee and returned to and maintained by the employer. This form should require the employee to acknowledge that they received the handbook, read the policies contained therein, and agree to abide by the policies within the handbook (and understand that they may be subject to disciplinary action for any violations of such policies).

Make It Work for Your Business

While the policies identified above should generally be considered for every employee handbook, a comprehensive employee handbook (and one that will best mitigate risk) will be one that more specifically addresses the individual needs, practices, and procedures of your organization. If your employee handbook is “out of shape” in 2026, I encourage you to reach out to your legal counsel to get that handbook looking healthy again.

This article was originally published on the State Bar of Wisconsin’s Labor & Employment Law Section Blog. Visit the State Bar sections or the Labor & Employment Law Section webpages to learn more about the benefits of section membership.