I love this time of year. For some magical reason,
everyone’s mood changes and smiles appear. Perhaps it’s their pending
vacation or the chance to spend quality time with friends and family. So,
in the spirit of the holidays, here is my gift to all our readers. Drum rolls please . . .
TEN WAYS TO AVOID GETTING SUED IN THE NEW YEAR
1. Start preparing for the new overtime rules. The U.S. Department of Labor (DOL) recently proposed the biggest changes to
federal overtime law in history.
The proposed regulations would more than
double the salary threshold for exempt employees. If you missed my partner Bob Turk’s webinar on the DOL’s proposed
rules, it can be accessed here. Don’t forget to audit independent contractor classifications as well.
2.
Update your FMLA
forms and policy. In May 2015 the DOL issued new FMLA forms. The new forms contain an expiration date of May 31, 2018. {Check out my blog on the topic.}
The following month, the United States Supreme Court issued a landmark decision making same-sex marriage lawful in all states nationwide. So, it’s
time to update your FMLA policy definitions, if you haven’t already.
3.
Review the
National Labor Relations Board’s latest guidance on handbook rules [NLRB General Counsel’s 30-page memorandum], and update your handbook. If you
have a non-union workplace and are wondering why you should worry about the
NLRB’s position, remember that a disgruntled employee can easily file an unfair
labor practice challenging a handbook policy.
4.
Distribute your
anti-harassment/anti-discrimination policy to all of your employees (including
seasonal employees), obtain a signed acknowledgement and conduct training. Ensure that the policy includes multiple avenues for voicing
complaints (and try to avoid having a “supervisor” as the person to whom
employees should voice complaints, as that person is often the alleged
harasser). Also, employers are required to take prompt remedial action in
response to complaints, so don’t delay responding to complaints. Problems that
are ignored often erupt into serious and costly litigation. Cross-reference
this policy in your Internet, electronic communications, social media and
computer use policies.
5.
Educate your
supervisors regarding new protected classes. For example, Miami-Dade County added “status as
a victim of domestic violence, dating violence, or stalking.”
6.
Review your
consent/disclosure forms used for background checks, and ensure they comply
with the Fair Credit Reporting Act. For further details, check out my article from the Florida Employment Law Letter, on www.hrhero.com.
7.
Document. (It
really will make life so much easier.) Employers should evaluate their employees’ performance regularly and candidly.
Employees are much less likely to sue their employers when they are put on
notice of deficiencies and given an opportunity to improve. Juries also are
more likely to believe an employer when the performance issue is documented at
the time the issue arose. DO NOT SUGAR COAT performance evaluations. Many
employment discrimination lawsuits are lost or settled because an employee was
terminated after receiving a glowing review.
8.
Create a formal
policy on disability accommodation. Many lawsuits are brought under the Americans with Disabilities Act because
the employer failed to recognize an employee’s request for some type of
workplace change as a formal request for an accommodation or failed to engage
in the “interactive process” with an employee seeking an accommodation. If you
already have a policy, train your supervisors so that they understand the
employer’s duty to accommodate employees with disabilities and what that duty
entails.
9. Treat your employees as you would want to be treated. Be consistent and fair in your treatment of employees. Maintain an open
door policy; create a workplace that fosters communication with employees. Don’t underestimate
the value of employee recognition.
10. Keep your employment attorney’s number on speed dial. Don’t be penny wise, pound foolish, in seeking help for difficult
employment issues. A consultation with an experienced, competent
employment lawyer can save hundreds of hours in litigation costs.
Wishing our readers a safe and Happy New Year!
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