Employers often rely very heavily on their people managers as they play a critical role in keeping employees motivated and productive. They are also the first point of contact when a HR issue arises. One task that often gets overlooked by supervisors is keeping their organization out of compliance trouble.

Last year, learning management company Cypher Learning surveyed 400 HR and business leaders in the United Kingdom and United States about workplace education. The study found that the average annual cost of worker noncompliance with employment law is $1.6 million. This follows a 2022 survey by the Disability Management Employer Coalition that concluded training managers to comply with the Americans with Disabilities Act (ADA) is more difficult than identifying ADA accommodations themselves. Here are tips on how to combat this avoid compliance mistakes.

Common Mistakes

Employers tend to make several common mistakes regarding supervisors and compliance. For example, leadership teams often simply assume that supervisors are well-versed in the rules and procedures to follow. This may happen because the people managers have been at their jobs for a long time (“So they must know!”) or because the supervisors have previous experience with other organizations (“So they must have been trained!”). Remember that many people managers rise to their positions for their technical skills, not for their knowledge of employment law.

Another common mistake is relying on a one-time orientation session and an outdated employee handbook. Employment law is complex and ever-changing — so you must continuously revise your company’s policies, procedures, and written instructions. What’s more, months or even years can elapse between when supervisors are put to the test by, say, a request for an ADA accommodation or extended time off under the Family and Medical Leave Act (FMLA). It’s all too easy to get a little fuzzy about the details and make a costly error.

Best Practices

Compliance training for people managers should begin with plainly worded explanations and detailed discussions of the most relevant laws for employers and your organization. These typically include the ADA and FMLA, as well as:

• The Fair Labor Standards Act
• Title VII of the Civil Rights Act
• The Age Discrimination in Employment Act
• The Occupational Safety and Health Act

 
Various state and local laws may be applicable, too. When developing your organization’s curriculum, don’t just cite statutes. Use real-world examples — preferably tailored to your industry — that people managers will likely encounter. This way, they can avoid compliance mistakes and see how your organization’s policies and procedures apply in practice.

As mentioned, you don’t want your supervisors to get rusty. So, regular refresher training is important to avoid compliance mistakes. Build a culture that encourages continuous learning about compliance and enables people managers to feel comfortable seeking guidance when they’re unsure about something. Teach them to follow an “escalation process” under which supervisors know who to contact in HR or leadership when facing a complex situation.

Finally, promote accountability and thorough documentation. Keep detailed records of training sessions — including the identities and qualifications of outside providers, if you use them. For each training, ask participants to sign an acknowledgement that they participated and are aware of their legal responsibilities. Doing so reinforces the seriousness of compliance and creates a paper trail to aid in your defense in the event of a lawsuit or regulatory scrutiny.

It All Adds Up

Well-crafted policies, detailed procedures, and thorough training and retraining of your organization’s people managers should all add up to an enduring record of compliance success. In turn, that means far fewer dollars spent paying regulatory fines or defending against expensive lawsuits. Work with your attorney to get the details right. Meanwhile, we can help you track your compliance costs and budget for effective training programs to help avoid compliance mistakes.