A lot of new supervisors fail, but it’s usually not their fault. They simply don’t know how to be a supervisor until you teach them, say Jonna Contacos-Sawyer and Polly Heeter Wright.
Contacos-Sawyer and Wright, both with HR Consultants, Inc., of Johnstown, Pennsylvania, suggest the following outline for briefing new supervisors about compliance. They gave their tips at a recent audio conference sponsored by BLR®.
Compliance is a very broad area that needs special in-depth training, says Wright. Supervisors have to have some knowledge of federal, state, and local laws, as well as be aware of the organization’s policies.
A Big Change in Status
The first thing for supervisors to know is that their status brings a big change—now their actions and inactions are attributable to the organization. Once employees tell their supervisor, the organization is legally on notice.
It’s particularly important to stress that inaction is often as bad as action, says Wright. When supervisors don’t pass information on to their managers or HR, it can cause real problems.
Discrimination
First, your training for supervisors must cover applicable laws, says Wright. There are the main federal statutes, as well as state and local statutes, in the areas of:
Title VII of the Civil Rights Act- Pregnancy Discrimination Act (PDA)
- Americans with Disabilities Act (ADA)
- Equal Pay Act
- Age Discrimination in Employment Act (ADEA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
Be sure to cover protected classes:
Race- Color
- Religion
- Gender
- Age
- National origin
- Disability
- Military status
Also consider other classes, such as sexual orientation, that may be protected by state and local law, and also situations that may result in quasi-protected status, such as employees who have recently complained or filed a charge or suit.
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Supervisors need to know that they may not allow harassment or a harassing environment in their departments. Also, let supervisors know discrimination doesn’t have to be overt to be a problem. For example, not providing equal access to training and other development opportunities is discriminatory.
Compensation
Brief new supervisors on the Fair Labor Standards Act (FLSA) and state wage and hour laws. Be sure to mention two particularly troublesome areas: work off the clock, and having employees volunteer their time. "You can’t do either," Wright says.
Another common mistake is asking employees to make up hours in a different workweek. That’s also forbidden.
Unemployment Benefits
Unemployment issues often crop up because supervisors haven’t properly documented performance issues or other reasons for termination. Typically, says Wright, the reason given for the termination is poor performance. Then you look at the performance appraisals, and they all say "meets expectations" with no comments.
Workers’ Compensation
Wright often sees a failure to take all injuries seriously. In some cases, where there are incentives for no lost days, workers will try to cover up injuries. Your new supervisors must be trained to be sure that HR or safety supervisors know the details about accidents on the job.
FMLA/Leave of Absence
Failure to document requests for leave and the reasons the employee is requesting the leave is another frequent problem for new supervisors. When they find themselves in the "Bermuda Triangle" of the Family and Medical Leave Act (FMLA), ADA, and workers’ compensation, they should involve HR. It’s too complex for them to deal with on their own.
Discipline
Wright says, "Tell supervisors that the first thing HR will ask when you want to discipline is, ‘What’s your reason?’. If you don’t have a reason, there will be suspicion that there might be a forbidden reason, like discrimination."
When there is a rule violation, supervisors must be trained to properly inform an employee of the rule that has been violated and what performance expectations are, says Wright. Follow progressive discipline, where appropriate, and warn the person of future consequences. It’s also important to be consistent with discipline, Wright adds.
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Performance Appraisal
It’s important to accurately assess performance on an ongoing basis. "Avoid rating errors," Wright says. As mentioned above, it’s difficult to claim poor performance if the documents the supervisor signed all say "satisfactory."
In tomorrow’s Advisor, we’ll find more supervisor training tips from Wright and Contacos-Sawyer, and we’ll take a look at a unique resource for smaller—or even one-person HR departments.