Every executive, manager and supervisor is essentially operating in a minefield of more than 50 different employee relations areas that can create dangers for a company or organization.
If you trip up in dealing with employees in just one of these areas, it can trigger huge fines, settlements and court costs.
Following is a list of some of the most hazardous employment practices areas, which require knowledge and compliance by executives, managers and supervisors:
- Illegal Harassment and Discrimination. Employers cannot harass or discriminate against applicants or employees on the basis of race, national origin, color, sex and veteran status. Your state and local community may also have laws protecting employees in classes that are not protected under federal law, such as marital status. Employers cannot permit managers, supervisors or coworkers to engage in illegal harassment or discrimination.
- Wage and Hour Compliance. Under federal and state laws, employers must pay minimum hourly wages and overtime pay to non-exempt employees (those not exempt from these protections). One of the traps in the laws involves treating some employees as independent contractors when, in fact, they are employees entitled to minimum wage and overtime pay.
- Employees Right to Exercise Their Rights. The federal Fair Labor Standards Act, and other laws, common law, and court decisions prohibit employers from discriminating against, taking action against, or discharging employees for exercising legal rights they have as employees. An example of violating a protected right would be terminating an employee because he or she filed a workers' compensation claim.
- Union and Concerted Activity Protection. The National Labor Relations Act protects employees who engage in union activity and other joint or concerted activity regarding workplace conditions, policies and practices.
- Older Employees Protection. The federal Age Discrimination in Employment Act and similar state laws provide special protection to applicants and employees age 40 and older.
- Family, Medical, Pregnancy and Maternity Leave. The Family and Medical Leave Act and similar state laws, including pregnancy and maternity leave laws, require covered employers to give employees leave for their own illness, to care for an ill family member, or for pregnancy or maternity. Beginning on January 16, 2009, new rules went into effect for covered employers that provide family and medical leave benefits for qualifying family members of military personnel.
- Disabled Protection. The Americans with Disabilities Act and similar state laws protect disabled applicants and employees from discrimination.
- Military and Veteran Protection. Employees away on military duty and employees returning from military duty have re-employment rights and protection from discrimination.
- Safe Working Conditions. Employers have a common law obligation to provide safe working conditions for employees. In addition, the federal Occupational Safety and Health Act and similar state laws spell out the obligations of employers to provide safe workplace environments.
- Employee Privacy. Federal law prohibits employers from invading employees' privacy with lie detector tests and with listening in on private telephone conversations. Some state laws regulate legal and illegal forms of electronic monitoring of employees.
- Personnel Records. Many states give employees the right to view, and even copy, documents in their personnel files.