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November 28, 2012
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Employers should be proactive regarding employees. Presenters at the South Central industrial Association Employment Law Day offered that foundational message as they told attendees how best to deal with personnel issues ranging from attendance to wages.
A total of 95 business owners and human resource directors were present to learn the latest regulations and helpful tips to follow employment law, while not being burdened when after-the-fact when issues arise.
Topical areas covered by speakers from Fisher & Phillips dealt with physical or mental conditions, leaves of absence, accommodating employees in difficult situations, and proper documentation of employee activities and behaviors.
Labor lawyer Ed Harold said that regulation intended to accommodate employees is not intended to punish employers, but make the workplace as productive as possible.
“We are covering what’s been going on in Washington,” Harold said. “A lot of what we do in employment law is regulatory. Even through Congress and the president might not be able to get anything done with major laws passed, agencies have been changing regulations to try to accomplish some of the Administration’s goals without necessarily changing law. Employers need to be aware of those regulations in the areas of social media policies, the [Equal Employment Opportunity Commission], [Occupational Safety and Health Administration] and all the various federal agencies.”
Michelle Anderson is a lawyer whoprimarily focuses on the employer. She said record keeping, either hard copy or electronic, is essential in making sure business interests are covered in case claims are made against a company.
“Record keeping is something we all need to do a better job of,” Anderson said. She said documentation of material for up to seven years after an employee is separated from a company includes storing payroll, disciplinary actions and even career activity such as job task changes. “It’s not easy stuff, but it is important.”
Social media is one of the newest and most challenging issues facing employers, according to the employment attorneys. The basic question is, “What employee discussion can employers restrict?”
“The whole thing is, there are areas where employees are able to comment online about work,” Harold said. “Under the National Labor Relations Act, employees are protected when they engage in concerted protected activity. That is when employees talk about work conditions or the work environment.”
Harold admitted it is always best to not talk about work online, but said employers cannot restrict or retaliate conversation that deals with workplace environment or even salaries. He confirmed openly discussing compensation is a bad practice in general, but it is not illegal or punishable under most circumstances.
On the other hand, employers may respond with internal discipline to online discussion that jeopardizes trade secrets, reveals confidential information or violates select policies. “It really is a matter about common sense and communication between employers and employees about the areas that would lead to problems with customers or regulators,” Howard said.
“The legality of employment is important,” Manpower representative Jeunee Fryer said. “How you approach a situation instead of just going into it with a negative approach. Our struggle is to find people that want to work and have initiative to do the job. We need to make them want to have a positive attitude about their jobs.”
“These seminars give you the updates and leads on information you may or may not have to change,” Terrebonne Parish Consolidated Government Human Resource Director and Risk Manager Dana Ortego said. “It is convenient to have these [employment law] seminars right here in Houma.”
“It is important in this day and age to be up on what regulations are understood,” Harold said. “If a company is sued, juries are look at if the employer was fair. That is becoming more complicated. When the [Obama] Administration came in they turned the focus from training and education to enforcement. We are seeing a lot more activity with departments going into employers and fining them. The prospect you will be found doing something wrong has increased. That is why it is important to train your workforce and understand what you are doing.”
Presenters said the intention of this workshop was to get employers working closer with employees. They advised attendees to put more effort into the human relations to make sure they are not slapped with audits or workplace violation charges. The lesson is to head off problems before they arise.
Jennifer Jaccuzzo of Manson Gulf, left, and Melanie Boudreaux with Power Torque Services listen to how employers benefit when accommodations are made to keep employees productive. The lesson was offered at the South Central Industrial Association Law Workshop at the Courtyard by Marriott in Houma.
