Check out what is happening in the news relating to the firm and our clients. April 24, 2018 For the second time in a year, Lauren Nuffort volunteered as a mentor alongside 30 other Minnesota business women at the Girls Going Places® Entrepreneurship Conference presented by Foster Klima and James J. Hill Center. The …
Mike Glover has featured three videos on his bio page which contain the following text.
For a client using transportation services, what are a few important items to consider?
If you’re the user of the transportation service, my practice is primary, the people that provide the service. If you’re using a transportation company, usually you are at the disadvantage of the transportation company because they know what they’re doing because they do it all day long. A user of transportation service may not use it every single day.
And so one of the things you have to make sure that you’re aware of are the options that are available to you as the user of the service, and know what things are out there, how to properly ensure your cargo, how to make sure that your passengers are moved safely, and making sure you’re getting a fair price. And on the back end of that, if something goes wrong — 99 percent of the time nothing does go wrong — but if something does go wrong, you are properly protected either with insurance or with a good contract.
What is the best way to work with, or push back against, government regulators or investigators?
This is an area that has really become far more prominent, and really in about the past ten years. Governmental regulators, whether it would be with OSHA, whether it would be with the Department of Transportation, the Department of Labor, they are very interested in how you do your business. And for the most part, they have a right to ask questions about your business. But frequently, the investigators will go far deeper than what Congress has authorized them to do, and speaking in a federal context. And you have to balance the part of being respectful for the job that they are doing, but also push back when they push too far.
And I think it’s critical for those types of businesses to get a lawyer involved early on because usually a lawyer knows where that fine point is, where you can politely say to the governmental regulator, “No, we are not gonna provide that information to you at this point. Can we move onto the next item?”
How can you best avoid employment discrimination claims?
Two ways, I think. One is proper education of your employees and your staff about how to recognize a potential employment-related problem, which can run the gamut from discrimination issues, overtime issues. And then the second is, and I think this is even more important, that when those issues become apparent, there’s something called the interactive process that almost every employment statute, be it state or federal, requires an employer and employee to engage in.
And employers almost always get into the most trouble is if they refuse to talk with the employee, and talk out the potential solutions to a problem. If they employer engages in that process, and it has to be a good faith effort to engage in that process, the courts will give the employers a tremendous benefit of the doubt. But if they just shut down the employee, and say this way or the highway, the employer is asking for a lot of trouble.