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TOP THINGS
EMPLOYERS DO
WRONG
I.
FAIR LABOR STANDARDS ACT
(FLSA)
• A. Misclassification of employee as hourly
vs. exempt
• B. Not paying exempt employee...
II.
TRYING TO TREAT TOO MANY
WORKERS AS “INDEPENDENT
CONTRACTORS”
• State and federal agencies increasingly have
challenge...
III.
NOT HAVING ESSENTIAL WRITTEN
POLICIES
YOU NEED:
• A. Employment at will confirmation
• B. Anti-harassment policy (not...
IV.
ASKING IMPROPER QUESTIONS-FROM
INTERVIEW ON THROUGH EXIT
INTERVIEW ON TERMINATION
• A. The key is to make sure your qu...
V.
PERFORMANCE EVALUATIONS
NOT BEING REALISTIC
An improperly high, flattering evaluation of
an employee with performance i...
VI.
POOR OR NON-EXISTENT
DOCUMENTATION OF
EMPLOYEE PROBLEMS
• Juries feel that “if it isn’t written, it didn’t
happen.” So...
VII.
IMPROPER OR NONE EXISTENT
INVESTIGATIONS
• Done correctly, investigations can prevent an internal problem from
becomi...
VIII.
IMPROPER OR DELAYED FIRING
OR DISCIPLINE
• Failure to fire a bad employee when you
had your best chance is a common
...
IX.
BUNGLING LEAVE –
WC, FMLA, ADA (The “Bermuda
Triangle”)
• The bottom line is be very careful, and probably
consult an ...
X.
BLURRING THE LINE BETWEEN
PERSONAL AND BUSINESS LIFE
• Especially in the dating context, the slope
is very slippery! Se...
Good Luck in
Dangerous Waters!
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Amb power point 10 things employers do wrong 2011 (2)

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Top Ten Things Employers Do Wrong

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Amb power point 10 things employers do wrong 2011 (2)

  1. 1. TOP THINGS EMPLOYERS DO WRONG
  2. 2. I. FAIR LABOR STANDARDS ACT (FLSA) • A. Misclassification of employee as hourly vs. exempt • B. Not paying exempt employee correctly. Watch out for partial-day docking. • C. Not calculating overtime correctly for hourly employee.
  3. 3. II. TRYING TO TREAT TOO MANY WORKERS AS “INDEPENDENT CONTRACTORS” • State and federal agencies increasingly have challenged this categorization and forced employers to go back and reclassify such workers as true employees. It is very difficult to meet the test for a true I.C.
  4. 4. III. NOT HAVING ESSENTIAL WRITTEN POLICIES YOU NEED: • A. Employment at will confirmation • B. Anti-harassment policy (not just sexual harassment) • C. Family Medical Leave Act (FMLA) (if over 50 employees) • D. Drug testing • E. Worker’s compensation policy (or self-insurance equivalent). • F. E-mail, cell phone, Internet, Social Media use policy
  5. 5. IV. ASKING IMPROPER QUESTIONS-FROM INTERVIEW ON THROUGH EXIT INTERVIEW ON TERMINATION • A. The key is to make sure your questions seek only to determine whether the applicant is qualified to do the job. • B. Even after employment, questions regarding an employee’s health or dissemination of such information to those not in a “need- to-know” position, or placing that information in the regular employment file of the employee can violate the ADA discrimination laws.
  6. 6. V. PERFORMANCE EVALUATIONS NOT BEING REALISTIC An improperly high, flattering evaluation of an employee with performance issues will come back to bite you. Don’t soft-pedal it!
  7. 7. VI. POOR OR NON-EXISTENT DOCUMENTATION OF EMPLOYEE PROBLEMS • Juries feel that “if it isn’t written, it didn’t happen.” So, write everything down!
  8. 8. VII. IMPROPER OR NONE EXISTENT INVESTIGATIONS • Done correctly, investigations can prevent an internal problem from becoming an external one, mitigate potential morale and productivity problems, and prevent legal liability and financial losses. • Done incorrectly, investigations can have the opposite effect: negatively impacting employee morale, causing adverse publicity, churning gossip wheels in the organization, distracting employees, and/or resulting in legal exposure.
  9. 9. VIII. IMPROPER OR DELAYED FIRING OR DISCIPLINE • Failure to fire a bad employee when you had your best chance is a common mistake. Quit giving them “one more chance.”
  10. 10. IX. BUNGLING LEAVE – WC, FMLA, ADA (The “Bermuda Triangle”) • The bottom line is be very careful, and probably consult an attorney before you fire an employee over an absence issue that involves any of these three laws.
  11. 11. X. BLURRING THE LINE BETWEEN PERSONAL AND BUSINESS LIFE • Especially in the dating context, the slope is very slippery! Sexual harassment claims abound.
  12. 12. Good Luck in Dangerous Waters!

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