Here are five points relating to the employer-employee relationship which very few employers and employees know about. Hopefully, they will help you avoid unnecessary and expensive problems.
“I know that I can be liable under the Arizona Workers Act if I have an illegal employee, but most of my work is done with independent contractors.” Under the Arizona law, you are also liable for using independent contractors if you know they are illegal.
“We treat our female employee fairly, and let her off when she has a baby, but now I have a couple men wanting time off when their wives have babies.” You are not required to give maternity leave or paternity leave, but if you give either one, you have to give both.
“If I don’t want to do drug testing, I don’t have to.” In most cases, that is true. However, If you comply with the provisions of the Drug Testing of Employees Act, you will enjoy protection against litigation involving employees using drugs. The same goes for the Blacklisting laws: you don’t have to use them, but doing so can give you protection against liability in connection with referrals.
“I get those ads from people selling the laminated posters for federal and Arizona requirements. The ads say I have to get them, but I don’t want to pay, and besides they’re space-consuming and ugly.” The posters which apply to your business must go up, and it is in your interest to put them up. For instance, if a worker gets hurt on the job, you want her under workers comp, not the court system. But if the workers comp poster was not up, she will be able to jump to the courts and sue you for much more.
“Employees getting garnished is an unnecessary expense imposed on my administrative people.” That may be, but know that it is illegal to take action against an employee because he is getting garnished.
More tips next time. . .