...
The legal theory respondeat superior (“let the Master answer”) means that employers may be held liable for the actions of their supervisors if the supervisors are acting within the scope of their employment. Therefore, it is imperative for employers to know what their supervisors are doing. Supervisor training is an essential component of keeping an employer’s liability to a minimum. Not only do supervisors need to understand what is acceptable in terms of conduct regarding employees, but they need to understand the consequences of their actions.
Scope
Although there aren’t any federal laws that require supervisor training, there are a lot of areas where training could benefit supervisors — and an organization. As the primary contact with employees, supervisors are often responsible for implementing policies, and for ensuring that employees are treated fairly under the law.
Regulatory citations
- None
Key definitions
- None
Summary of requirements
Listed below are a few areas where supervisors could benefit from training.
- Discrimination/Harassment. Many people today work side by side with people of different races, genders, colors, abilities, ages, national origins, and religions. Usually, people work together without any problems. Sometimes, however, discrimination is an issue that employers have to address. Since supervisors are in the best position to recognize any problems, are often the first to learn about any issues, and are usually responsible for ensuring that the conduct stops, they and the company can benefit from training.
- Some state laws require training for specific topics like sexual harassment. In addition, understanding the discrimination laws – especially the Americans with Disabilities Act – is important when making decisions about job assignments, evaluations, disciplinary actions, promotion, layoffs, and terminations.
- Discipline/Termination. Most employers establish rules for behavior in the workplace. Training supervisors about how to implement the company’s disciplinary policy helps ensure consistency and fairness in the process. Supervisors need to know that the purpose of discipline is to correct the unwanted behavior, not to punish the employee.
- For most supervisors and managers, there comes a time when they must terminate an employee. Termination is seldom an enjoyable task. However, it is a task that needs to be handled properly to minimize bad feels and to avoid legal problems. Wrongful discharge claims can be very costly for a company.
- Wage and hour issues. Employers must ensure that employees are treated fairly when it comes to hours worked, wages paid, overtime, and so on. Managers and supervisors need to understand the Fair Labor Standards Act (FLSA) and related state laws to ensure compliance.
- Supervisors may need to know which employees are exempt from overtime, the hours and job limitations of minors in the company, how to calculate hours worked and overtime, whether meal periods and breaks are required, when meal time must be paid, when travel time must be paid, and what kinds of wage deductions are allowable.
- Family and Medical Leave Act (FMLA). The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of unpaid, job-protected leave. As the primary contact with employees, supervisors may need to provide advice to employees about their rights to leave, and in some cases may even need to recognize the need for leave without input from the employee, as in the case of John Byrne v. Avon Products, Inc.
- Safety/Injury reporting. Supervisors may have to follow the same safety procedures as production employees. Although they might never have to perform a lockout/tagout or transfer flammable solvents into a safety can, they may need to ensure that such tasks are performed safely.
- Supervisors also need to know what to do if an employee reports an injury. The Occupational Safety and Health Administration (OSHA) has recordkeeping requirements for work-related injuries and illnesses. Since most injuries are probably reported to supervisors, they need to understand when such injuries are recordable.
- Also, supervisors are the employer’s eyes and ears to ensure that employees follow safety rules and that hazards are identified and addressed before they cause injuries.
- Workers’ compensation is meant to be a no-fault, non-adversarial system. Again, as the primary contact with employees, supervisors play a significant role in helping an injured worker recover, from filing initial injury reports to ensuring that work restrictions are followed.
- Leadership/Communication. Being able to effectively convey information is a fundamental skill for every supervisor. From explaining expectations during new employee orientation to applying discipline, communication and leadership skills are key skills that, like any other skill, must be learned and developed.
- New employees have a lot to learn about workplace policies and everyday survival in the company. Often, the employee is overloaded, so it is up to the trainer and the supervisor to present this information in way that the employees’ concerns are addressed and they are able to become productive in their new jobs.
- Security/Workplace violence. In the past, security concerns involved things like theft and vandalism. While these types of crimes are still a concern, employers now have new security risks to address, from electronic data security to workplace violence. Security measures can include provisions for protecting the grounds and perimeter of the property, controlling employee and visitor access, and taking precautions to handle deliveries.
- Site security depends upon the employees’ knowledge of safety and security procedures. Adequate training ensures that all employees understand the need for and workings of the site security procedures. As company representatives, it is important for supervisors to be aware of the issues involved in workplace violence and to understand the company’s workplace violence prevention plan.
- Unions/Labor relations. All supervisors, regardless of whether they work in a union or non-union environment, should understand some basics of labor relations and unionization, because the National Labor Relations Act applies to both union and non-union employers alike. They should know the signs that organizing efforts may be taking place, and what they can (and cannot) do about it. They should receive TIPS training, which is an acronym for Threaten, Interrogate, Promise, and Spy, an easy way to remember what conduct may constitute an unfair labor practice. Supervisors should also know what union authorization cards are and what to do if they are presented with a stack of cards.
- Supervisors who work in a union environment should be trained to understand the provisions of the collective bargaining agreement. They should understand what is required of them in terms of procedures, particularly in handling grievances and discipline, and they should have a basic understanding of the contract negotiation process.