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Bodman Releases Annual Survey of Workplace Law Concerns for Employers Employer Issues in 2013 "Essentially a Repeat of 2012"

By: Bodman PLC

01/24/14

Bodman’s Workplace Law Group has released its annual survey of top legal concerns for employers for 2013.

The survey results indicate that 2013 was no less challenging for employers than the year before.

"It appears that 2013 was essentially a repeat of 2012 in the issues employers faced, and will continue to face going into 2014," said Workplace Law Group Chair Steven J. Fishman. "The economy remains fragile with the burden of uncertain regulations impacting the workplace, such as health care and the Affordable Care Act, together with the extended reach of the various regulatory agencies, including the National Labor Relations Board, the Department of Labor, and the EEOC."

"The workplace is a reflection of the economy and society around it," Fishman added. "These challenges become the issues that employers face in the workplace."

Subtle differences appear between 2013 and 2012 on workplace challenges. Overtime claims by employees and compliance with wage/hour law took over the number one spot, edging out disability issues, which remain thorny. Policy issues including health care compliance moved up a notch to number three. Improving performance through discipline and better hiring remained relatively consistent, but thinning out the workplace ranks moved up two steps. In 2013, going into 2014, employers are even more focused on running leaner, doing more, and being even more cost effective.

According to the survey, the top ten legal concerns faced by employers in 2013 included the following.

1. Wage/hour, overtime, and payroll issues
2. Application of ADA, FMLA, and workers’ compensation laws
3. Creation/administration of employment policies, handbooks, and fringe benefits
4. Discipline and termination
5. Pre-employment screening, interviewing, and hiring practices
6. Layoffs, closings, and unemployment
7. Privacy, surveillance, right to review personnel file
8. Discrimination and harassment
9. Drugs, alcohol, and substance abuse testing
10. Union organizing, labor contract negotiation and administration

Click here for a printable copy of the survey results.


Bodman’s survey is based on calls for assistance received from employers through seven “workplace law hot lines” that the firm maintains for various employer groups, including the Michigan Chamber of Commerce. Fishman has compiled an annual top ten list of employer legal concerns for more than 15 years, a practice which increases Bodman’s value as a resource for employers facing cutting edge problems.

Please contact any member of the Workplace Law Group listed below for more information about the survey or to discuss solutions to any of your workplace legal concerns.

Bodman PLC Workplace Law Group