Hurricane season brings unique employer issues

October 10, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

In the aftermath of Hurricane Matthew, evacuation orders are lifting and recovery efforts are in their early stages. Employers are facing a number of storm-related issues as they prepare to resume normal operations. Here are just a few of the questions employers are asking.  Hurricane Season Sign With Stormy Background

1.  Does the Fair Labor Standards Act (FLSA) require me to pay employees who miss work because of the weather?  It depends on whether the employee is exempt or non-exempt. If the business closes because of the weather, the FLSA requires employers to pay an exempt employee his or her regular salary for any shutdown that lasts less than a week. If the business remains open but an employee cannot get to work because of the weather, an employer can deduct an exempt employee’s salary for a full day’s absence. Employers generally aren’t required to pay nonexempt employees for any days that they don’t perform any actual work. However, this doesn’t apply to nonexempt employees who are paid on a fluctuating workweek basis.

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Workingjay

November 24, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Inspired by The Hunger Games trilogy, some employers may feel the urge to pile the employees onto a bus, head off site, and pit coworker against coworker in some form of physical competition under the guise of “team building.” Savvy employers are always looking for new and better ways to motivate the troops, solidify relationships, and build some esprit de corps. What better way than to take the workforce on a high-action field trip?

But they better be mindful of employment laws, particularly OSHA regulations, state tort law, and state workers’ compensation laws. shutterstock_196000976 In February 2009 OSHA published a letter of interpretation stating that employee injuries suffered at off-site teambuilding events are recordable in OSHA logs. The letter was requested after an employee was injured in a go-kart accident during an office retreat.

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The Abominable Boss Man

October 31, 2014 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

In honor of Halloween, this post will address some of the many potential workplace issues in the Pixar film, Monsters, Inc.  If you’ve been living under a rock and have managed to not see this film (or its recent sequel), here’s a quick recap. A city called Monstropolis is inhabited by monsters and is powered by the screams of children in the human world. shutterstock_98138216At Monsters, Inc., employees (or “Scarers”) have the job of scaring human children and collecting their screams to power the city. The company, however, is facing a serious dilemma and potential energy crisis, as human children are become harder to frighten. Through a series of amusing misadventures, the top Scarer, Sulley, and his best friend, Mike, end up caring for a little girl they dub “Boo.”

In trying to return Boo safely to the human world, Mike and Sulley discover that one of the Scarers, Randall, plans to kidnap children (particularly Boo) and use a torture machine on company property to extract their screams. Randall tries to use the torture machine on Mike, but Sulley saves the day. Sulley reports Randall and his torture device to the company chairman, who responds by promptly exiling Mike and Sulley to the Himalayas. I won’t spoil the ending for the two or three of you who have not yet seen the movie.

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Beating the Heat

June 09, 2014 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

Last week, basketball royalty and media-superstar LeBron James was forced to make an early exit from Game 1 of the NBA Finals due to severe leg cramps. The King’s cramps were due in large part to the malfunctioning air-conditioning system at the AT&T Center, home of the San Antonio Spurs. Combined with the Texas summer outside, the system failure caused indoor temperatures during the game to soar to as high as 90 degrees. The high temps wreaked havoc on LeBron, resulting in muscle spasms that forced him to the bench late in the fourth quarter. Without James, the Miami Heat (ironically) fared poorly in the sweltering conditions, losing the game 105-90.  TooHot

As we enter the summer, the King’s struggles with the rising temperatures indoors highlights a concern for many employers whose employees work outside or in extreme temperatures on a daily basis. Under the Occupational Safety and Health Act (OSH Act) of 1970, employers are required to provide their employees with a place of employment that “is free from recognizable hazards that are causing or likely to cause death or serious harm to employees.” Courts have interpreted OSHA’s general duty clause to mean that an employer has a legal obligation to provide a workplace free of conditions or activities that either the employer or industry recognizes as hazardous and that cause, or are likely to cause, death or serious physical harm to employees when there is a feasible method to abate the hazard. This includes heat-related hazards that are likely to cause death or serious bodily harm.

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