In recent conversations with Mayors, I was surprised to hear that they were unaware of actions that they needed to take to either comply with existing State or Federal employment statutes or at least be proactive  to protect there municipality from outside influences. In our current environment of “entitlement” there are four areas that Mayor’s should be aware of:

Harassment
Correct classification of employees for the Fair Labor Standards Act
Violence in the Workplace
Employee Handbooks 

I am sure your first question is WHY?  The answer is simple, MONEY! Let’s look at each topic and answer the WHY. 

Harassment is a very broad area and covers all forms such as race; religious creed; color; national origin; ancestry; physical disability; mental disability; medical condition; marital status; domestic partnership status; sex; pregnancy; childbirth or related medical conditions; actual or perceived gender; gender identity;  affectional or sexual orientation; genetic information; atypical hereditary cellular or blood trait as well as refusing to submit to a genetic test or make available the results of a genetic test to  an employer as well as liability for service in the US military are all protected classes in New Jersey. 

All employees and especially supervisory level should be trained in prevention and what to do in the event an incident occurs. The NJ Supreme Court has stated that if an organization wants to use training as an affirmative defense it must train on an annual basis. The trend in the courts and with governing agencies is clear. Adequate, effective and regularly scheduled training is now the rule, not the exception. Costs should not stand as an obstacle to training. The enormous risks of neglect swamp training costs. 

Correct classification of employees is essential in avoiding DOL audits of your municipality. In 2004 the Federal Government issued new guidelines for compliance in who should be paid overtime. Failure to comply can mean costly fines and back payment of wages covering up to two years. How people are paid (hourly or salaried) does not effect whether a person should be paid overtime it is there job content. Job descriptions and actual work performed needs to be evaluated for compliance. 

Violence in the Workplace is something no one likes to consider, but unfortunately it happens all too often. Workplace Violence is defined as an exercise of force-physical, psychological, or moral- directly or indirectly by a person or group of persons against another person, or group…To control: to have power. This use of power can destroy, cause harm, injury or disease in the workplace. 

The National Safe Workplace Institute estimates that a single episode of workplace violence amounts to an average cost of $250,000 in lost time and legal expenses Missed work amounts to over $55 million in lost wages annually, NOT including sick days and annual leave.

 Outside generated violence can usually be deterred by traditional security measures. However inside violence threats are nearly impossible to detect through traditional security measures. There are always warning signs whether they are Early, Moderate or Advanced. Managers, supervisors and employees should be trained on workplace violence prevention and how to handle a situation of workplace violence, if it should occur.

Remember, prevention is the best policy for workplace violence! 

Every municipality should have an employee handbook, however it MUST be current (reviewed at least annually) and adhered to. If not, this nice piece of information “can and will be” used against you in a court of law. All handbooks are not alike and each municipality should have one that reflects its unique culture and circumstances. One size does not fit all. A well written handbook can make everyone’s lives easier, but a poorly written one can cause you untold grief and money. 

These four topics are not isolated. Every Mayor should be constantly asking the questions: Are we protected as well as we can be? Are we being proactive? There is no absolute form of protection but awareness and training can definitely diminish exposure.  

Note: Strategic Advancement Inc is a full Service Human Resources consulting firm specializing in workplace compliance, training, career transition services and recruiting. located at 1200 Rt 22E Suite 2000 Bridgewater, NJ 08807. 908-203-4777.  ABorkin@sai-hr.com