Regardless of size, industry or location, employers share at least one thing in common: unintentional decisions, business practices and/or policies that may violate federal, state, or local employment laws. This is our “Top Ten” list of the most common mistakes. If any seem familiar to you, clearly you are not alone.
- Advising employees that overtime will not be paid unless authorized.
- Treating employees as exempt from overtime because they are salaried, without regard to their job duties.
- Prohibiting employees from discussing their compensation.
- Making deductions from employee’s pay (such as for a loan advanced or failure to return company property) without the proper signed authorization from the employee.
- Failing to pay out accrued leave to an employee upon termination when required to do so.
- Misclassifying persons as independent contractors rather than employees.
- The absence of a proper “at will disclaimer” in handbooks and other relevant employment documents.
- Using words like “permanent” in connection with employment status.
- No policy (or a poorly drafted policy) against workplace harassment, discrimination and retaliation; or a policy that fails to include an accessible and usable complaint process.
- Not training managers and employees with respect to the discrimination, harassment and retaliation workplace rights and responsibilities.
Our attorneys are adept particularly at identifying these missteps and providing practical guidance on correcting them in a real-world manner, consistent with the law and the particular nuances of a client’s workplace.