Hidden Workplace Dangers — Navigating Employment Risks for Community Associations
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The biggest workplace are not always obvious. A ladder with broken rungs poses a risk; an employer with a hidden agenda is a less obvious danger. In this episode Becker shareholder Jamie B. Dokovna joins host Donna DiMaggio Berger to unpack the hidden employment risks facing condo associations, HOA boards and community association management companies—and how seemingly small decisions can lead to significant liability.
Donna and Jamie dig into the rise of AI generated labor complaints and why “garbage in, garbage out” can still create serious risk for employers. Jamie breaks down what employment laws can apply based on headcount, including OSHA, FLSA wage and hour rules, ADA accommodations, Title VII discrimination, ADEA, and FMLA.
They also tackle a common—and costly—misperception: that associations are protected because their staff technically work for the management company. When boards direct employees, drive performance reviews or participate in discipline, joint-employer arguments may follow.
From there they move into real world safety issues that are easy to underestimate: extreme heat protocols for outdoor staff, hurricane and storm policies that balance community needs with employee safety, and secondhand smoke and air quality as workplace conditions. They also talk about resident driven harassment, recording and filming in the workplace, civility rules that give associations enforcement teeth, and the high stakes of threats and violence in a state with broad gun laws. Donna and Jamie close with mental health accommodations, support animals at work, social media boundaries, remote work injuries, and the one update almost every employer needs: a current handbook.
Conversation Highlights:
- The employment risks community associations may overlook, from workplace harassment and extreme heat to threats of violence and mental health concerns
- Understanding which federal and state employment laws apply to associations, management companies and vendors—and how those obligations can vary by employer size
- What associations should know about protecting outdoor employees, including landscaping, maintenance, valet and security staff, from heat-related illness
- How associations can prepare policies that balance community needs with employee safety before, during and after a storm
- When exposure to cigarette or marijuana smoke can become a workplace safety or disability accommodation issue
- Navigating Florida’s evolving gun laws while developing policies and procedures to prevent and respond to workplace threats
- What employers should consider when cameras, wearable devices and recordings are used in the workplace
- Understanding an employer’s responsibilities when employees request accommodations for mental health conditions or want to bring an emotional support animal to work
- How Florida’s medical marijuana laws affect drug testing, workplace policies and prohibitions against working while impaired
- The emerging employment risks of artificial intelligence, including AI-generated discrimination complaints and AI’s potential to impact hiring, discipline, and other employment decisions
Related Links:
- Podcast: HR Hacks with Jamie Dokovna Part I
- Podcast: HR Hacks with Jamie Dokovna Part II
- Article: Managing Your Personnel
- Online Class: Dealing With Difficult People
About Take It To The Board
Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.
If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!
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