How To Stay In Business and Out of Court

 

-New Management Seminar-

 

How To Stay in Business and out of Court

 Tom Fredericks

  • Twelve threats to every employer.
  • Labor/employment laws that every manager must know.
  • Tom’s approach to keeping out of legal trouble

 

THE LAW

 An overview of every Federal and Michigan employment law having an impact on every employer.

UNIONS

Union free workforces save their employers more than 30% in operating costs. Here are just a few extra costs of having a union: collecting union dues, paying labor attorneys during labor negotiations, grievances, whistleblowers, professional contract administration, higher benefit costs, and having to fire employees who don’t want to join the union. What should you do before a union representative knocks on your door.

WRONGFUL DISCHARGE LAWSUITS

I do not generally recommend having an employment at will policy. Civil rights, veterans’ rights, whistleblower’s, disability and other employment laws can be used by plaintiff attorneys to sue employers anyhow.  This policy offers you minimal protection from lawsuits and is a red flag to the union organizer- who usually  offer your employees job in beijing security through the arbitration clause of a collective bargaining agreement.

 MIOSHA AND ENVIRONMENTAL REGULATIONS

MIOSHA has the ability to shut your business down. Criminal penalties may be assessed for willful violations of MIOSHA Safety Standards. Focus on and improve the company safety record, housekeeping, and  security. HAZMAT and storm water management. How to deal with inspectors.

 SEXUAL HARASSMENT AND CIVIL RIGHTS

Recent cases establish employer liability for sexual harassment by co-workers. This subject must be included within your employee handbook. You should establish an in-house complaint and problem-solving procedure.

 10 MOST FREQUENT WAGE/HOUR VIOLATIONS

  1. Exempt versus non-exempt: non-payment of overtime pay due to improperly classified “exempt employees.”
  2. Bonuses not calculated within a non-exempt employee’s regular rate of pay to determine overtime pay.
  3. Banking of hours for vacations and time off outside of the regular work week.
  4. Allowing non-exempt employees to work off the clock- no pay for time worked.
  5. No payment of wages for attending mandatory company meetings..
  6. No daily or weekly work records kept for non-exempt employees.
  7. Working minors excessive numbers of hours.
  8. Minors operating dangerous equipment.
  9. Minors operating company vehicles.
  10. Docking a non-exempt employee’s pay below the minimum wage with a signed deduction slip or docking a non-exempt employee without a slip.

 UNEMPLOYMENT COMPENSATION

How to reduce your unemployment insurance costs. When to pay unemployment benefits, and when to appeal.

 ADA, FMLA and DISABILITY ISSUES.

FMLA, ADA, and Michigan disability law. Create job descriptions and work with a company physician to establish physical requirements for each job.

INDEPENDENT CONTRACTORS

The IRS’s” Twenty Factor Test.”

 ILLEGAL WORKERS

Compliance with the Immigration Laws. I-9 forms. Identification documents.

NON-COMPETITION AGREEMENTS, CONFLICTS OF INTEREST, AND UNFAIR COMPETITION

How to deter an employee from stealing your customers.

COMPUTERS, ELECTRONIC MAIL, DATA BASES, AND THE INTERNET.

What an employer must do to prevent unauthorized use of company computers, the internet, and  electronic mail.

 

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