By Steve M. Cohen bio In the rush of managing an office, it's easy to overlook significant pitfalls that can cause major problems. One of these pitfalls is the Fair Labor Standards Act, an area that managers and partners often overlook until they face a problem. I strongly suggest using caution to avoid problems and penalties. Until a few years ago, the law's … [Read more...] about FLSA continues to be a potential pitfall for many organizations
Compliance
Anybody over age 40?
The Age Discrimination in Employment Act (ADEA) is waiting and watching for a violation. Age discrimination can creep in quietly and unexpectedly. It can come even from some well-intentioned remark such as, "You're overqualified for this job"—the term "overqualified" being taken as a euphemism for old. Here Alix Rubin, an employment law attorney in West Caldwell, NJ, … [Read more...] about Anybody over age 40?
Model Tool: Job description template
Why you need this model tool: Job descriptions are critical management documents. A law office manager should make sure there is a formal, written job description for every position. How this model tool helps you: This template provides the major categories that you should include in your job descriptions along with an explanation of what to include in each category. How to … [Read more...] about Model Tool: Job description template
Four records management errors that can get your firm into trouble
Managing the firm's business and personnel records goes beyond setting a simple timeline for record retention. Time is only part of the picture, says records management professional Diane K. Carlisle, CRM. Where most offices fail is not in missing the timelines but in mismanaging the records. Here she sets out elements of record management that administrators need to be aware … [Read more...] about Four records management errors that can get your firm into trouble
Here’s what to do when you suspect a staffer of drug or alcohol abuse
When the firm suspects a staffer of alcohol or drug abuse, an overriding concern is how to address the issue with that employee, says Jeffrey M. Schlossberg, a partner and chair of the employment law group at Ruskin Moscou Faltischek in Uniondale, NY. The wrong words can open the door to a discrimination claim. Don't mention the obvious Whenever there's suspicion of an … [Read more...] about Here’s what to do when you suspect a staffer of drug or alcohol abuse
Three errors that can cause wrongful termination problems
Though every employer knows – or should know – the rules for safe firing, mistakes still happen when it comes to showing an employee the door, says Peter Golden, a business and employment law attorney with The Golden Law Firm in Atlanta. In his own practice, he finds that employers most often fall down on three points: missed documentation, unfair employee comparisons, and … [Read more...] about Three errors that can cause wrongful termination problems
Fines, lawsuits and personnel crises, oh my!
By Steve M. Cohen bio Sometimes people don't understand my concern for "mess management." They may see my warnings about personnel issues, potential lawsuits and government regulation as exaggeration. 6 heavy fines Let's take just a single area as an example. In one recent week, the U.S. Department of Labor laid heavy fines on a wide range of companies across the … [Read more...] about Fines, lawsuits and personnel crises, oh my!
State and federal monitoring can make a manager’s life complicated
By Steve M. Cohen bio Managers can be excused for pulling out their hair over government regulations, but some are more likely to impact your office than others. Every state has a human rights commission that is tasked with investigating charges made by employees against their employers in issues of fairness. The federal government has its own human rights … [Read more...] about State and federal monitoring can make a manager’s life complicated
What to do when a lawyer harasses staffers but no one complains
Question: One of our attorneys continuously makes inappropriate remarks to the staff. He thinks the remarks are funny. The staff don't complain, but what's said is obviously inappropriate. Everyone likes the lawyer, and the other lawyers want to keep him on staff. They have counselled with him, but he continues. What should we do? Answer: No office can afford to turn a blind … [Read more...] about What to do when a lawyer harasses staffers but no one complains
One employee complaint can change your reality
By Steve M. Cohen bio Sometimes it's difficult to communicate to employers just how much federal and state law impact businesses and organizations when an employee makes a complaint. By this, I mean virtually any allegation, whether it's an accusation of sexual harassment, bullying or an alleged workplace safety hazard. It doesn't matter if you doubt the complaint or have … [Read more...] about One employee complaint can change your reality