emplaw-policy-drafting

Imported from Matrixx0070/sudo-skills (docs/skills/emplaw-policy-drafting/SKILL.md). Install upstream with npx skills add Matrixx0070/sudo-skills --skill emplaw-policy-drafting. Copyright stays with the author.

When to use

Use this when the org needs one specific new policy written from the ground up — remote-work, PTO, anti-harassment, drug-and-alcohol, social-media, accommodation. You are producing a single jurisdiction-aware document. Not for: auditing an existing handbook end-to-end (that is emplaw-handbook-updates); gathering org facts (emplaw-cold-start-interview); setting house style defaults (emplaw-customize); tracking a dispute (emplaw-matter-workspace).

Method

1. Confirm the policy subject and the target jurisdiction(s) from the org profile. Decision point: if the org operates in multiple states, draft to the most protective applicable standard and note state carve-outs; else draft to the single state.
2. Identify triggered statutes for this subject and headcount. Decision point: if headcount crosses a threshold that mandates the policy (e.g., 50+ for FMLA leave), mark the policy Required; else Discretionary.
3. Draft the core sections: purpose, scope/eligibility, definitions, the rule, procedure, and enforcement.
4. Insert mandated statutory language verbatim where required (notice, accommodation, anti-retaliation).
5. Add an anti-retaliation and interactive-process clause where the subject touches protected activity or disability.
6. Check the draft against NLRA constraints for overbroad prohibitions.
7. Route to counsel for sign-off before publication.

Example

A 60-person employer across CA and NV needs a remote-work policy. You draft to CA (most protective): eligibility, equipment/expense reimbursement (CA Labor Code 2802), work-hours and meal/rest-break compliance for non-exempt staff, data-security rules, an anti-retaliation clause, and a NV carve-out note. Marked Discretionary, gated for counsel sign-off before rollout.

Pitfalls

• Drafting to the wrong jurisdiction. A policy pinned to HQ law can violate a more-protective operating state; draft to the most protective standard.
• Overbroad prohibitions. Blanket bans on discussing pay or on social-media posts often breach the NLRA; scope narrowly.
• Omitting mandated language. Accommodation, leave, and anti-retaliation clauses have required elements; insert them verbatim, do not paraphrase.
• Publishing without sign-off. A standalone policy is advice-adjacent; releasing it without counsel review creates exposure.

Output format

EMPLAW POLICY DRAFT — <policy name>
Jurisdiction(s): <state(s)>   Status: <Required | Discretionary>   Triggering statute: <ref>
1. Purpose
2. Scope & Eligibility
3. Definitions
4. Policy / Rule
5. Procedure
6. Anti-Retaliation & Enforcement
7. State carve-outs: <notes>
Mandated language inserted: <list>
Counsel sign-off: <pending | name/date>

Reference

Subject-to-statute reference (general, not tailored legal advice): anti-harassment/EEO and reasonable accommodation (Title VII/ADA, 15+; CA FEHA 5+); age (ADEA 20+); leave (FMLA 50+/75-mi, plus state paid-sick and family-leave laws); wage/hour and expense reimbursement (FLSA all employers; CA Labor Code 2802 for business expenses); COBRA continuation (20+); WARN notice for large layoffs (100+, 60 days). NLRA limits confidentiality, pay-secrecy, and social-media rules for covered employers. State pay-transparency and harassment-training mandates (CA, NY, IL, CO, WA) attach independent of federal thresholds. Escalate to licensed counsel for sign-off before publishing any policy — this drafting aid does not provide legal advice.