Spring Cleaning for Legal Teams: Refining Workplace Policies and HR Practices for a Fresh Start

Spring is traditionally a time to clear out what no longer works and make room for smarter systems. For legal departments, that mindset applies just as much to workplace policies and HR practices as it does to closets and filing cabinets.

Even companies with strong legal and human resources teams often accumulate outdated policies, inconsistent practices, or compliance gaps over time. Employment laws evolve quickly, internal processes drift, and what once worked well may now expose the organization to unnecessary risk.

A periodic “spring cleaning” of employment practices can help identify and address issues before they become disputes, investigations, or litigation. The process doesn’t require a full overhaul. Instead, it focuses on a handful of high-impact updates that can significantly reduce legal exposure, control costs, and better align HR operations with current legal expectations.

Below are several areas every legal department should review with its HR team this spring.

Update drug and alcohol policies

On December 18, 2025, President Donald Trump issued an executive order directing the attorney general to complete the rulemaking process to reclassify THC from a Schedule I narcotic to a Schedule III narcotic. The directive acknowledges THC’s medicinal benefits and should expand pathways for healthcare providers to prescribe THC safely. It may also reduce concerns for certain federal contractors subject to the Drug-Free Workplace Act of 1988 and for Department of Transportation-regulated employers required to prohibit THC use for safety-sensitive positions.

At the same time, developments in state law continue to reshape employer obligations. Forty states now permit medical marijuana use, and twenty-four have legalized marijuana for recreational use. Many of those states also provide non-discrimination, accommodation, and anti-retaliation protections for employees who use medical marijuana. Despite federal changes, state law remains the primary driver of employment decisions, making a patchwork compliance approach increasingly risky.

There are also practical realities at play. Off-duty marijuana use is common (even among senior executives), and rigid zero-tolerance policies can undermine recruiting and retention efforts. As a result, many employers are revisiting their drug-testing practices, including removing THC from testing panels altogether. Some third-party Medical Review Officers (MROs) even designate positive THC results as “negative” when employees present valid medical marijuana certifications—similar to how other prescription narcotics are treated. In some cases, companies may already be accommodating medical marijuana use without realizing it.

When putting pen to paper (or tasking ChatGPT), general counsel should ensure that legal, HR, safety, and compliance stakeholders are aligned and consider the following policy updates:

• Medical marijuana: Clearly define how medical marijuana use will be treated, as distinct from recreational use.
• Drug testing panels: Consider removing THC from testing panels or increasing the ng/mL threshold that triggers a positive result.
• Second chances: Evaluate whether to implement second-chance or return-to-work programs for employees who test positive but otherwise have strong performance records.

Train your managers

We say it every year, but many companies still do not do it. Managers represent the company when it comes to employment law, and their actions (or inaction) can bind the organization. If a manager fails to respond promptly and effectively to harassment they know or should know about, the company may face liability. If a manager fails to engage in the interactive accommodation process when an employee’s disability affects performance, the company may be liable.

Manager training is not just best practice; it is a critical risk-management tool. Well-trained managers help prevent claims, strengthen defenses, and reduce damages when disputes arise. Training records themselves often become evidence—sometimes the most persuasive evidence—in litigation. 

Below is a recent training agenda we used for a client that can easily be repurposed:

Sample Training Agenda:

Harassment, Discrimination, and Retaliation

• How employment lawsuits work—and how to avoid them
• What it means to protect yourself as a manager and the company
• Why a supervisor’s actions can create liability for the company
• Why documentation matter.

Accommodations and Medical Leave

• Disability, pregnancy, and serious health conditions
• The interactive accommodation process
• Family and Medical Leave Act (FMLA) requirements and appropriate documentation
• Navigating intermittent FMLA
• Managing employees on leave or with accommodations

Workplace Violence, Safety, and Negligence

• Safety do’s and don’ts
• Negligent hiring, retention, and premises liability
• Recognizing red flags for workplace violence

Documentation and Performance Management

• What constitutes legally sufficient documentation
• What to document, when, and how
• How to implement performance improvement plans and evaluations
• Why consistency and fair application of policies matter

Conduct a mid-year review of healthcare benefits 

If last year’s open enrollment felt particularly painful this past year, you’re not alone. Corporate healthcare costs continue to rise sharply. Projections for 2026 indicate average increases of approximately 9% per employee—the highest jump in over a decade—driven by weight-loss drugs, advanced cancer treatments, and general medical inflation.

Spring is an ideal time for general counsel and HR leaders to take a step back and evaluate the company’s healthcare plan strategy before the next enrollment cycle begins. A mid-year review allows organizations to assess plan performance, review vendor relationships, and explore cost-containment strategies well in advance of renewal deadlines.

For general counsel, healthcare costs are not just a financial issue; they also involve fiduciary responsibilities, compliance obligations, and litigation risks related to plan administration and employee communications. Conducting a proactive review with brokers and benefits advisors now can position the company to make informed decisions later in the year, while maintaining its competitiveness in attracting and retaining talent.

Conduct a wage and hour audit

Wage-and-hour collective actions continue to rise, and employers remain prime targets. Job duties have evolved rapidly—particularly with the integration of AI and automation. Positions once considered exempt, such as analysts, may now involve more routine or clerical tasks, requiring reclassification as non-exempt. Additionally, employers increasingly offer retention, attendance, or productivity bonuses that must be factored into overtime calculations for non-exempt employees.

Corporate legal teams should proactively conduct privileged wage-and-hour audits and consider the following steps:

• Update job descriptions to accurately reflect current duties.
• Review positions department by department to confirm proper exempt or non-exempt classification.
• Ensure non-discretionary bonuses and commissions are correctly included in regular-rate calculations.
• Confirm that pay disparities among employees in similar roles are well-documented and defensible.

Conclusion

Spring is an ideal time for general counsel to take a fresh look at workplace policies and practices that may have evolved—or drifted—over time. Even well-managed organizations can accumulate outdated procedures, inconsistent training, or compliance gaps that increase risk if left unaddressed.

A focused review of employment policies, training programs, benefits strategies, and pay practices can help legal departments identify issues early, reduce litigation exposure, and support HR leaders in maintaining consistent, defensible workplace practices. In employment law, a little preventative maintenance goes a long way toward protecting both the workforce and the organization.