In this current political cycle there is a lot of talk about the adverse effect unnecessary governmental regulation has on business. Here is one example. The FMLA requires employers to post notice of FMLA rights (and include an FMLA policy in their handbooks) even if they have no FMLA eligible employees that can take FMLA leave. Employers with fifty or more employees have to post notice of FMLA rights even if they do not have fifty or more employees within seventy-five miles of one another. As written, this is a ridiculous regulation. The regulation requires employers to advise employee about rights that they don’t have. Do you think some of those ineligible employees might be confused about the rights? If I’m an employee, I’m not thinking that my employer would include policies in a handbook that have no applicability to me. Indeed, based on the employer’s inclusion of such a policy in its handbook, I would likely think that government-mandated FMLA leave was available to me.
Certainly I don’t think this specific regulation is cause of our Nation’s economic troubles. It is, however, an example of how regulation can place ridiculous obligations on business. Hopefully the political debate will cause all involved to require governmental agencies to review the regulations they put in place to determine which are necessary and eliminate the ridiculous ones.
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