Podcast 36: Top 5 Employment Mistakes Contractors Make with Philip Siegel

Philip Siegel

Our workforce is the #1 asset in our businesses, so it is critical that we protect that investment. In today’s interview with construction labor attorney Philip Siegel, you will learn how to avoid the top 5 employment mistakes made by so many contractors.

Top 5 Employment Mistakes Contractors Make:

  • Not knowing when and what to pay for employee travel
    1. Compensable and non-compensable situations
    2. What the law allows
    3. What records to keep
    4. What qualifies for overtime pay
    5. The liability limits for violations
  • Not understanding what it takes to prevail in an OSHA case regarding “unforeseeable employee misconduct defense”
    1. You must have work rules in the employee handbook
    2. Provide training on those rules
    3. Have self-inspecting job sites
    4. Find violations and administer discipline
  • Not understanding controlling employer liability in an OSHA case
    1. What the law requires: to “act reasonably to detect and abate violations”
  • Not having sexual harassment and discrimination programs
    1. Specific policy addressing harassment and discrimination is necessary
    2. The policy should be reasonable to follow
    3. The policy should have reasonable reporting mechanisms, with at least two people by name
  • Not knowing how to handle non-compete and non-solicitation clauses
    1. They must be in place!

Philip presents the longer version of this breakdown, including even more common contractor mistakes at the International Roofing Expo in New Orleans in February 2018.

Resources:

Visit Philip’s website for more information, especially about his highly recommended retainer program!

HPSS Law

Email Philip: [email protected]

Call Philip: 404-522-1410

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Ted Krush
Ted Krush
7 years ago

Great podcast very informative. David mentioned the “Controlling Contractor” when dealing with subcontractors and there is an OSHA incident or violation. What is the liability ramifications with Quality Assurance Observers hired by the client as a third party which is my role and my employee’s role? Thanks.

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