It’s hard to imagine a better defense an employer could have than “the government said I should do it this way.” But even though government agencies take months or years to create guidance for employers, too often that guidance never gets used (or even heard about). Below are four government-created resources with guidance for employers that you might have missed:
- The Department of Labor’s Digital Reference Guide to the Fair Labor Standards Act.
Where to get it:
https://www.dol.gov/whd/regs/compliance/Digital_Reference_Guide_FLSA.pdf
What is it?
The Digital Reference Guide to the FLSA gives employers basic information about the law from who is covered, to exemptions, to the prohibition on retaliation. It also includes information about the FLSA’s protections for nursing mothers and equal pay, as well as discussions of related labor laws. But its most useful feature—and what makes it a “Digital” Reference Guide—is that, after each section describing a topic, it includes an “Additional Resources” page with links to videos, online tools, and fact sheets.
- The Department of Labor’s Job Accommodation Network (JAN), with Searchable Online Accommodation Resource and Blog.
Where to get it:
Main page – https://askjan.org/
Searchable Online Accommodation Resource – https://askjan.org/soar.cfm
Blog – https://askjan.org/blogs/jan/index.cfm
What is it?
Even though the EEOC enforces the Americans with Disabilities Act, the Department of Labor has a website devoted to helping employers work with their employees to find reasonable job accommodations, the Job Accommodation Network (JAN). JAN provides free consulting services for employers (by phone or email), toolkits, practical guides, and publications. Its Searchable Online Accommodation Resource is a database where you can search for accommodations based on disabilities or other keywords. And it also has a blog where employers, individuals, and other government agencies share accommodation experiences and ideas.
- The Department of Labor’s FMLA Employer’s Guide.
Where to get it:
https://www.dol.gov/whd/fmla/employerguide.pdf
What is it?
The Department of Labor’s FMLA Employer’s Guide is a comprehensive guide to the FMLA. Even though it goes into specific detail about everything from coverage to qualifying reasons for FMLA leave to what to do while an employee is on leave, it groups these topics in an accessible way so that an employer can find guidance on specific issues that come up. And other aspects of the Guide make it even more user-friendly, including its Roadmap (which shows the entire process and where to find details about each part of the process in the Guide), “Did you know?” sections that deal with tricky issues, and references (with links) to the relevant regulations.
- The National Labor Relations Board Bench Book.
Where to get it:
What is it?
Recently updated, the National Labor Relations Board’s Bench Book is intended for the Administrative Law Judges that decide unfair labor practice charges. Because both union and non-union employees can file charges, it is important for employers to be prepared if one is filed against them. Chapter 3 of the Bench Book is the best place to start: it talks about what a charge needs to contain, what notice needs to be given to the employer (the “respondent”), and related issues. And the rest of the Bench Book deals with the various other problems employers will face in what could be the unfamiliar terrain of unfair labor practice proceedings.