Tag Archives: employees

Avoid Litigation: 20 Things to Do Today

lawsuit(Post by Rick Dacri, with considerable input from Adam Taylor, Esq. of Taylor McCormack & Frame; 2/2/15)

No one wants to find themselves on the wrong side of employment litigation. So here are 20 things you should do to minimize your risks:
1. Update your employee handbook
2. Distribute your sexual harassment policy to all employees yearly (it’s the law)
3. Train your new employees and new supervisors on sexual harassment prevention (it’s the law in Maine for employers with 15 or more employees)
4. Make sure your salaried exempt positions are classified properly
5. Make sure any Independent Contractors meet the state and IRS standards
6. Post all your required state and federal posters
7. Make sure you have I-9s for all your employees and they are properly completed
8. Post your OSHA 300 form
9. Update all your job descriptions
10. Make sure your hourly nonexempt workers are taking their breaks, are being paid for all hours worked, and are compensated when expected to work at home, including taking phone calls, responding to emails, or completing work
11. Promptly address and document performance problems
12. Train interviewers to probe applicants
13. Make sure managers understand how to address FMLA requests and workers’ comp injuries
14. Have a social media policy that meets NLRB standards
15. Clarify ambiguous policies such as how vacation is earned and when incentive bonuses are paid
16. Properly evaluate all employees yearly
17. Don’t rely on “at-will” as the basis of a termination
18. Review all your leave policies
19. Payout all accrued and unused vacation pay to employees upon separation
20. Don’t require employees to pay for losses such as broken merchandise, uniforms or tools
Call Rick Dacri at 207-229-5954 or rick@dacri.com if you have questions, need some help complying or want to train your managers in proper compliance techniques.

2 Comments

Filed under Compliance

Sick Leave Bill Bad For Business

No one can be opposed to “An Act To Prevent the Spread of H1N1” unless you have to pay for it.  The bill before the Maine legislature (LD 1665) will provide employees paid sick leave. No one can argue that it makes sense for employees to stay home when not feeling well.  The last thing anyone wants is to have someone preparing or serving your meal who is not well—and that’s what happens when the choice is between staying home and not receiving pay or working sick because you can’t live without your paycheck.  It is a terrible choice to have to make.

Unfortunately, as noble as they bill may be, as right as it feels, it is bad policy because it undermines the businesses it purports to support and that ultimately hurts all employees.  Small businesses cannot afford this mandate.  This bill will also be an administrative nightmare to manage, particularly on top of the other leave policies mandated under state and federal law.  Managing time-off policies are not easy.  Employers still struggle making sense out of the federal Family and Medical Leave Act (FMLA) and that’s been around 18 years!  And to make matters worse, no other state has a paid leave policy like this proposed bill—putting Maine employers at another competitive disadvantage.

 One can empathize with any workers who has to work sick.  Unfortunately, the downside of this bill is much too great.  The timing is wrong and the bill is bad.  Maine should walk away from it now.

1 Comment

Filed under Legislation