In case you missed it the first time
One of the big problems with writing a monthly column (or a blog, for that
matter) is that you can run out of things to say. I used to subscribe to Runner’s World, but after a few years, the articles all sounded the same. How many
articles do you need to read on sore muscles and marathons?
 | ||
Nevertheless, I tend to think that “how to” articles are popular, based in large part on the number of self-help books and
magazine articles I see at Borders. With that in mind, I undertake my column
for this month, mindful that I may be repeating myself, or “geezing” as my family says. I will leave it to my editor to put a name on this article,
but I will be calling it “things employers should think about in no particular order.”
Wage and hour law. No one truly understands the wage and hour laws, especially
as they apply to hours worked, overtime, and exempt employee classifications.
Even an employer who pays an employee an hourly rate, and time-and-a-half that
rate for hours worked over 40 in the workweek, can be violating the law if the
Department of Labor could argue that there is a different “regular rate” upon which the overtime payments should be made.
For example, if there is any kind of incentive pay paid to an hourly employee,
that may have to be factored into overtime. Employers need to review their
payroll practices regularly.
Immigration law. Congress and the executive branch have no idea what to do about
immigration. The current federal budget has millions set aside for the E-Verify
program, which would allow employers to know if new hires were eligible to work
in the USA.
Unfortunately, for most employers, the real issue is how to find qualified
employees. Knowing how the federal government works, however, I suspect that
the emphasis will be on getting illegal aliens out of the workforce, rather
than making sure companies have enough employees.
Unions. I have written a couple of articles on the Employee Free Choice Act.
Employers need to expect a major piece of federal legislation making it easier
for unions to organize workers. Changes are definitely coming.
Stepped up enforcement by EEOC and OSHA. OSHA has already announced an increase
in hiring and an increase in inspections for the coming fiscal year. Do you
know what to do if an OSHA inspector presents himself at your plant? Do your
employees?
Remember, you have the right to refuse entry without a warrant, and you and your
employees have other rights.
With respect to the EEOC, that agency has always been pro-employee and
anti-employer. With more money to spend on enforcement proceedings, I expect
the EEOC to bring more cases itself, rather than leave it to plaintiff’s lawyers to enforce Title VII of the Civil Rights Act.
Outdated employee handbook. Every employer needs a handbook. Laws change,
however, and circumstances may warrant a handbook revision even if the law has
not changed. At least every five years, a company should review its handbook,
make changes, and submit them to a labor lawyer to review.
Training. Supervisors need training. It is relatively inexpensive to have an
in-house training program for new supervisors, or to send new supervisors to
seminars for training.
An untrained supervisor is more dangerous than an employee assigned to work on a
dangerous machine with no training. You cannot expect your supervisors to
understand labor laws or to know how to relate, as a supervisor, to former
coworkers.
Talk to your employees. Finally, lack of communication between management and
employees is the greatest source of legal and practical workplace problems.
Employers who do not regularly meet with employees to discuss workplace issues
have no idea what is going on in their businesses. You can always learn from
employees who are doing the nuts and bolts work of the business.
I apologize if you have heard all this before. There are plenty of managers,
however, who have heard it and ignored it at their peril. This article was
written for them.
