The Supervisor
Issue #54
May, 5, 2008
John works for ABC Company as a master widget maker. He has achieved this position after nine years of working for the company in various roles related to creating the finest widgets. Based upon his experience, ABC has offered John a promotion to supervisor.
As supervisor of the department, John will participate in the hiring process for new employees, administer periodic performance reviews, and make any recommendations for disciplinary actions, including terminations. He will also be responsible for the safety of personnel in his department.
Beyond his widget making expertise, what other knowledge would be important for John to know?
What the Regulations Say
There are numerous government regulations that dictate John's responsibilities, as well as his employers. Let's just look at some from the Equal Employment Opportunity Commission and the Department of Labor.
The Equal Employment Opportunity Commission (EEO) enforces, among other laws, Title Vll of the Civil Rights Act, the Age Discrimination in Employment Act, and Title l of the Americans with Disabilities Act.
Their definition as to who qualifies as a supervisor for purposes of employer liability states: "An individual qualifies as an employee's 'supervisor' if the individual has the authority to recommend tangible employment decisions affecting the employee or if the individual has the authority to direct the employee's daily work activities."
The EEOC goes on to say that "An employer is always responsible for harassment by a supervisor that culminated in a tangible employment action." Keep in mind that this is not limited to sexual harassment, as these laws provide for a wide range of protected classes. They also cover discrimination.
The Department of Labor (DOL) enforces the Occupational Safety and Health Act (OSHA) and the Family and Medical Leave Act (FMLA).
FMLA regulations state that "An 'employer' includes any person who acts directly or indirectly in the interest of an employer to any of the employer's employees." It goes on further to state that "individuals acting in the interest of an employer are individually liable for any violations of the requirements of FMLA".
Under Federal OSHA, supervisors who are aware of an existing or potential hazardous situation may be personally sued as well as their employer. The California Labor Code provides for fines and imprisonment for "Any employer and any employee having direction, management, control, or custody of any employment, place of employment, or any other employee, who willfully violates any occupational safety or health standard."
How is a Supervisor to Know?
John has great widget making skills, and is excited to be promoted to a supervisory position. What John may not understand is how these laws affect ABC Company and himself individually, and the importance of his role in supporting them.
As the burden of employer regulation continues to rise, managing the risks associated with various federal and state employment laws is becoming increasingly important. This includes supervisor training, after all, how else is a supervisor supposed to know.
Kempkey Insurance Services goes beyond insurance by designing and implementing risk management programs for growth oriented businesses. We help our clients maximize the value of their insurance dollars and minimize their potential for unwanted surprises. Ed Kempkey can be contacted at (888) 536-7539 extension 2188, or at ed@kempkey.com .