Supervisor training may be your ounce of prevention

Preventing problems is easier than fixing them, as reflected in the common idiom “An ounce of prevention is worth a pound of cure.” Supervisor training is often overlooked, sometimes because it is seen as too expensive, and sometimes because there doesn’t seem to be enough time in a day. That same supervisor training, however, could prevent much larger costs by minimizing your company’s liability.

Is training required? — As the primary contact with employees, supervisors are often responsible for implementing company policies. Written policies, however, can only be effective when supervisors know what to do when issues are observed or reported. While no federal laws specifically require supervisor training, meeting legal obligations and complying with the laws are still critical.

Without effective training, supervisors may not understand how to recognize when employees are not being treated fairly under the law. Supervisor training could be beneficial in these areas:

Discipline and termination — Most employers have policies on appropriate behavior in the workplace. Training supervisors about how to implement your disciplinary policy helps ensure consistency and fairness in the process. Neither discipline nor termination are enjoyable tasks. Both, however, must be handled properly to avoid legal problems. Wrongful discharge claims can be very costly for a company. Family and Medical Leave Act

(FMLA) — The FMLA provides eligible employees with up to 12 workweeks of unpaid, job-protected leave. As the primary contact with employees, supervisors may need to recognize the need for leave and advise employees about their rights to leave.

Wage and hour issues — Employers must ensure that employees are treated fairly when it comes to hours worked, wages paid, overtime, and other compensation obligations. Supervisors need to understand the Fair Labor Standards Act (FLSA) and related state laws to ensure compliance. Among other things, they need to know:

• which employees are exempt from overtime,

• the hours and job limitations of minors,

• how to calculate hours worked and overtime,

• whether meal periods and breaks are required,

• and what kinds of wage deductions are allowable.

Refresher training — Even when employers provide supervisors with initial training, refresher training shouldn’t be forgotten. Skills learned but rarely

or never put into practice can result in a foggy memory of legal requirements. Creating a plan to provide refresher training can help supervisors remain clear on your company expectations and their obligations under the law.

Supervisors are in the best position to ensure compliance – or to make mistakes that could cause substantial liability for your company. Giving them the knowledge to prevent errors will be easier than dealing with the consequences of any errors. Michael Henckel is an associate editor at J. J. Keller & Associates, a nationally recognized compliance resource firm. Henckel specializes in topics such as the Fair Labor Standards Act, employee classification and compensation. He is the author of J. J. Keller’s FSLA Essentials guidance manual. For more information, visit www. jjkeller.com/hr and www. jjkellerlibrary.com.