Many workplace compliance issues take shape before HR ever becomes involved. Managers are often the first to hear about a health issue, a need for leave, a concern about pay, or a problem with a coworker. They’re also making routine calls about schedules, overtime, timekeeping, and performance that can carry legal risk.
That puts managers in an important position. How well they understand when to act, when to ask questions, and when to bring in HR can make a meaningful difference in how accurately an issue is addressed.
Recent EEOC and Department of Labor activity shows how often these interactions can raise accommodation, wage-and-hour, and retaliation concerns. For employers, that raises an important question: Are your managers prepared to spot when a situation needs more attention or HR involvement?
This month, we’re looking at three areas where managers can play an vital role in addressing issues early and reducing organizational risk.
Accommodation continues to be an active area of EEOC enforcement, with several recent cases showing how requests can arise in very different ways.
On August 31st, the EEOC sued Family Dollar, alleging that the retailer failed to accommodate a pregnant employee who experienced pregnancy-related medical issues and later terminated her employment. Just days earlier, American Airlines agreed to pay $200,000 to settle an EEOC disability discrimination lawsuit involving a blind employee who had requested assistive technology and reassignment as possible accommodations.
In another August case, Kroger agreed to pay $75,000 to resolve allegations involving a cashier who requested permission to use a stool or chair because of permanent nerve damage following cancer treatment. According to the EEOC, after she requested the accommodation and provided medical documentation, the store stopped scheduling her.
These cases involve different circumstances and legal requirements, but each began with an employee communicating a need for some type of change at work.
Managers are frequently the first people to hear that an employee is struggling with a medical condition, needs time away from work, requires a change because of pregnancy, or is having difficulty performing a particular task.
The employee may never use terms such as “reasonable accommodation,” “ADA,” “PWFA,” or “FMLA.” In fact, EEOC guidance on the PWFA makes clear that an employee can communicate a limitation and the need for a workplace change in ordinary language.
That makes the initial conversation important. Managers aren’t responsible for determining whether an employee qualifies for an accommodation or protected leave. Their role is to pick up on information that may require HR involvement and follow the organization’s process.
Missing that signal can delay the appropriate process, leave an employee’s needs unaddressed, and create additional legal and employee relations risk for the organization.
Employers should look at what happens once a manager identifies a potential accommodation or leave issue. Is there a clear path for bringing it to HR? Are requests handled consistently across teams and locations? And is there enough visibility to identify where delays or breakdowns are occurring?
Manager training is one part of that process. Clear escalation procedures and consistent follow-through help ensure that an employee’s experience doesn’t depend on which manager happens to receive it.
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Recent Department of Labor activity is putting a spotlight on wage-and-hour practices that are often influenced by day-to-day management.
On August 24, the DOL announced that Tropical Grille Restaurants paid $618,666 in back wages to 779 employees following an investigation across 13 locations. Investigators found, among other violations, that managers and supervisors participated in employee tip pools and that hours worked by employees at multiple locations were not properly combined for overtime purposes. The company was also assessed $100,000 in penalties for child labor and tip retention violations. As part of its compliance agreement, the employer must provide annual child-labor training for managers and supervisors.
The issue became even more timely this month. On September 7, DOL issued an FLSA opinion letter addressing whether a restaurant supervisor could receive a share of other employees’ tips while also working as a bartender. DOL concluded that the FLSA prohibits a supervisor from keeping any portion of other employees’ tips, even when the supervisor is also performing tipped work.
In August, the DOL also recovered $113,199 in back wages from St. Joseph Candler Urgent Care after finding employees were not properly paid for required orientation, meetings and training, and that some employees were required to work off the clock. The case highlights another area where manager practices matter: work-related activities outside an employee’s scheduled hours may still be compensable time.
Wage-and-hour issues can start with a simple instruction: “Finish this before you leave.” “Make sure you attend this training.” “Just answer the message when you get home.”
None of those requests may strike a manager as a pay issue. But if the work happens outside recorded hours, during an unpaid break, or at a time the employee isn’t otherwise being compensated, it can become one.
That’s where managers can have a significant impact. The way they communicate expectations around schedules, overtime, training, timekeeping, and after-hours work can directly affect whether employees are paid correctly. A manager may know the organization’s wage-and-hour policy and still miss the risk in a routine conversation.
It’s worth looking beyond whether managers have been given the wage-and-hour rules and considering how well they can apply them on the job. Practical training can prepare managers for common situations involving overtime, off-the-clock work, timekeeping, training time, breaks, and other pay-related issues. Just as importantly, managers should know when a situation calls for guidance before they act.
Many wage-and-hour problems develop through small practices repeated over time. Giving managers a stronger foundation can help organizations address those practices earlier.
Recent EEOC activity also provides a reminder that an employer’s risk can change after an employee raises a workplace concern.
In August, the EEOC sued Kenosha Nissan, alleging that management retaliated against Black employees who reported racial harassment. According to the lawsuit, after learning about the reports, a manager warned employees about contacting HR again. The EEOC also alleges that management changed office policies and schedules, increased discipline against employees who had complained, and ultimately terminated one employee.
The case involves allegations rather than a final determination of liability, but it illustrates an important issue for employers: the period after an employee raises a concern deserves attention of its own.
Retaliation can show up in subtle ways. After an employee raises a concern, changes in scheduling, performance management, assignments, or even the way a manager communicates with that employee can take on new significance. A frustrated comment about someone going to HR can matter too.
These situations can also develop without a manager setting out to retaliate. A complaint may leave a manager feeling defensive, frustrated, or unsure about how to interact with the employee while the matter is being reviewed.
How that manager handles the relationship from that point forward matters.
Managers should understand what is expected of them when an employee raises a workplace concern, including appropriate escalation, confidentiality where applicable, consistent treatment, and the importance of avoiding conduct that could be viewed as retaliatory.
That guidance should extend beyond the initial report. Managers may continue supervising the employee while a concern is being reviewed, including assigning work, managing performance, and making scheduling decisions. Clear expectations during this period can help reduce the risk of actions being perceived as retaliatory or creating a separate issue.
The developments we’re watching this month involve different laws, industries, and workplace situations. Yet managers occupy a critical position in each of them.
They aren’t expected to know every employment law. But they do need enough knowledge and judgment to spot when a situation deserves closer attention, handle the immediate interaction appropriately, and involve the right people when necessary.
That is an important consideration when organizations evaluate manager training. Policies and legal definitions provide the foundation. Managers also need practice applying them to situations that arrive without a legal label attached. Because that is how most workplace issues actually arrive.
Managers are often the first to hear a concern, receive a request, or handle a situation that carries compliance risk. Manager in Minutes, SHIFT’s new manager training series, gives managers practical, focused training for these moments, so they can respond appropriately, involve HR when needed, and avoid missteps that can turn a manageable workplace issue into a larger compliance problem.
Contact us to build manager readiness with training designed for the situations managers face every day.
Managers are often the first people to hear an employee request, receive a workplace complaint, or make choices involving schedules, timekeeping, overtime, performance, and other employment practices. Preparing them to identify situations that may require additional attention can help concerns reach HR earlier and support more consistent workplace practices.
Not necessarily. Employees do not need to use specific legal terminology when communicating a need for a workplace change related to a disability or a known limitation associated with pregnancy, childbirth, or a related medical condition. This makes it important for managers to understand what potential accommodation requests may sound like in ordinary workplace conversations.
Managers may influence scheduling, overtime, timekeeping, breaks, training time, off-the-clock work, and other practices that affect employee pay. Even when these responsibilities seem operational, how they are handled can create wage-and-hour concerns under the FLSA and applicable state laws.
Managers should understand their organization’s reporting and escalation procedures and follow them promptly. They should also continue treating the employee consistently and avoid conduct that could be viewed as retaliatory while the concern is being addressed.
Effective manager training should help managers apply workplace policies to situations they are likely to encounter on the job. That includes identifying potential accommodation or leave requests, understanding how management practices can affect wage-and-hour compliance, responding appropriately when employees raise concerns, and knowing when to involve HR or another appropriate resource.
Managers are often the first to encounter workplace situations that carry compliance risk. Recent EEOC and Department of Labor activity highlights the role managers can play in addressing concerns early and knowing when to involve HR.
This month’s HR Compliance Update looks at:
Across all three areas, the takeaway is clear: managers are often where workplace policies are put into practice.
This post was prepared by SHIFT for informational purposes only. SHIFT has made every effort to offer current and accurate information to our users. Additionally, this post may contain references to certain laws and regulations that may change over time and should be interpreted only in light of particular circumstances.
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