How to use legal compliance to boost productivity

It’s always been tough for managers comply with a dizzying array of employment laws.  Lately, it seems to be getting even tougher as productivity demands, a tight job market, and complicated new laws are putting some employees at odds with their employers.  Many organizations find themselves choosing between compliance or productivity, but the best companies use legal compliance to run their businesses even better.

We have helped our clients with California’s mandatory Sexual Harassment Awareness training since the law took effect in 2005.  Many of our clients are now asking us for even more help.  We’re a performance company at heart, so here are my top three tips for using compliance initiatives to boost productivity.

Tip #1: Train Now or Pain Later
The knock against most compliance training is it takes too much time, it’s boring, and it costs too much.  We’ve resolved some of these issues by making our workshops very interactive and incorporating our clients’ policies so the training is more relevant.  In our Managing within the Law workshop, we utilize challenging discussion scenarios that reflect situations a client’s employees are likely to encounter.

Here’s a simple Pros and Cons list that makes an even stronger case:

Pros - why you should offer training

Cons - why you shouldn't offer training

Give your managers the skills to prevent legal issues from occurring The cost of training is small compared to the cost of investigating, defending, and settling legal claims Some types of legal claims can be easier to defend if you have provided your managers with compliance training A training class is generally much less disruptive to the business than investigating and handling a legal claim Harassment-free workplaces are more productive than workplaces where harassment is allowed to occur Most managers actually enjoy compliance training if you have a professional facilitator who makes the class relevant and interactive.

Too much time away from work The training costs too much Most legal issues don’t go to court, so why should you care about so much case history and legal jargon? You already have too much on your plate Compliance workshops are boring

Tip #2: Align compliance policies with business needs
Smart businesses maintain strict compliance with employment laws by integrating compliance into their standard operating procedures.  The alternative is making your operations conform to a set of ‘compliance-first’ policies, which can be costly, or ignoring legal issues altogether, which can be even costlier. 

Example: Meal and Rest Periods

Compliance Approach
Create a policy that regulates when employees take their meals and rest periods.

Tactical Approach
Train managers to proactively monitor payroll to ensure compliance, spot other trends such as excessive overtime, and use payroll data to schedule employees more efficiently.

Strategic Approach
Create a staffing plan that incorporates meal and rest periods among the many other variables that affect the organization's staffing needs.

Tip #3: Develop a positive culture
The best defense against workplace legal issues is to develop a positive company culture.  Many companies have a set of “values” that are proudly displayed on their website or on a poster in the lobby, but few companies actually ‘walk the talk’. 

The table below gives some examples that contrast a positive culture with a negative one.

Positive Culture	Negative Culture
“Those actions don’t fit our values.”	“Technically, I don't think that's illegal.”
“Let’s do it right the first time.”	“We can take a few shortcuts here. Afterall, nobody has complained yet and we probably won't get caught."
“We have an open door policy.”	“Our employees are like mushrooms.  We feed them crap and keep them in the dark.”

Questions? Challenges?
Please contact us if we can help you turn a compliance challenge into an opportunity to boost productivity. I'm not an employment lawyer, though I know a few good ones, but we do offer practical guidance and suggestions.