This document outlines "Rob's Rules" for avoiding employment issues with employees. It discusses the challenging business environment and advises focusing on controlling factors like technology, policies, and rules. The top 10 rules are then outlined: 1) Hire well to mitigate risk; 2) Pay employees properly to avoid FLSA issues; 3) Evaluate employees quickly within 90 days; 4) Thoroughly document all employment actions; 5) Respond promptly to problems; 6) Maintain good policies on issues like harassment and leave; 7) Follow policies consistently; 8) Always act professionally; 9) Verify information rather than automatically trusting; and 10) Encourage problematic employees to leave voluntarily.
3. We Live in a Challenging Business
Environment
• Economic Challenges
• More Demanding Employees
• New Technologies Reshaping World
• Increased Regulation and Legislation
• Business, in general, is Under Attack
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4. What Can You Do?
• Look at What You CAN Control
• Take Advantage Where You Can
• Technology, Economy, Good Policies and Rules
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5. Quick and Dirty Rules
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• Review Some Basic Employment Rules That
I Advise Clients to Live By
• Remember the Pirate Code
• “more like guidelines”
• Questions at any time
6. Quick and Dirty Rules
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Points to Remember
• One Size Does NOT fit ALL
• Business Size Matters
• Perception is Reality
• Make Omelets, Must Break Eggs
7. HSMcLaw.com
Rob’s Rules
RULE No. 1
HIRE WELL
Take Advantage of the Glut Of Applicants
Easiest Way to Mitigate Risk
• Hire Good People
• Treat Them Well
9. FLSA Is Dangerous
Targeted Enforcement in area,
Restaurants & Hotels
Tipped Employees,
Rules are Confusing
– Seeking Liquidated Damages in All Claims Now
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10. FLSA
Because of Automatic Fees, Small Technical Violations Can
Lead to Big Settlements
- Government Contractors Can Be Disbarred
- There’s an APP for That NOW
• DOL WAGE APP (Timesheet & One Button Contact
Agency)
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11. Rob’s Rules
Rule No.3
EVALUATE QUICKLY
generally, within 90 days
Mostly, Unemployment Issue,
but helps defending ANY claim
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19. Facebook – Protected Speech?
In flux, rules still developing:
NLRB sees wage or discussions of work
conditions as protected concerted activity
Government employers have 1st amendment
Fact based analysis-consult counsel
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Rob’s Rules