6. Employment-Law Issues
Employment-law issues, particularly class-action lawsuits for overtime by managers, continue to plague the industry. If you’re uncertain whether your employees are exempt from overtime, talk with your attorney and review the job descriptions. If your attorney concludes the employee may not be exempt, reach a settlement, get a written release and fix the problem on a going-forward basis. Every conference, meeting or webinar I attend always has at least 10 people who say, “Yes, I have recently been sued,” or “Oh boy! I have exposure and I am not covering myself.” Cover yourself and stand prepared.
So what about 2008? Well, I hate to say “I told you so,” but I have! Most everything suggested in this article has been in previous ISS issues, webinars and blogs in one form or another over the last five years. To get on the right track, consider 2008 as the “back to basics year.” Resolve to follow the “Six Legal Basics for 2008” to keep yourself out of trouble.
For more legal education, tune into ISS Legal Learning Webinars (see www.insideselfstorage.com/webinars for scheduling). If, after you have read this article, you think you may have exposure, get it straightened out, resolve the problem, and avoid having this issue carry over into the next new year.
This column is for the purpose of providing general legal insight into the self-storage field and should not be substituted for the advice of your own attorney.
Jeffrey Greenberger practices with the law firm of Katz, Greenberger & Norton LLP in Cincinnati. He primarily represents owners and operators of commercial real estate, including self-storage. He is the legal counsel for the Ohio Self Storage Owners Society and the Kentucky Self Storage Association. His website, www.selfstoragelegal.com, contains his legal opinions and insights into the self-storage industry, as well as an article archive. For more information, call 513.721.5151; e-mail firstname.lastname@example.org.