Essential job elements … exposure to physical hazards … pay grade … the list of what should be in a job description is long. But what should you keep OUT of job descriptions?
Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for employers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters.
Many employers have written policies prohibiting unauthorized overtime. Such policies are fine—but you still have to pay employees for all hours they work, even if they have repeatedly violated your policy by working the extra hours.
If you’ve got hourly workers, eventually you’ll hear the dreaded “There’s someone at reception from DOL’s Wage/Hour division (WHD). Something about all our payroll records.” Here’s what happens and what to do to be prepared.
Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to be carefully drafted and managed say attorneys Chris Anderson and Sarah C. Maxwell. If they are not, employees probably can keep the money and still sue you.
When workers complain, and especially when low-level workers complain, many experience retaliation. Eventually those complaints are going to boil over or an alert attorney is going to sign the employees up. It’s always better to deal with these potential violations before the attorneys and the agencies do.
“Fire the slugs,” says management expert Jeff Cortes. That’s good turnover and also it’s good for retention—all of your other employees have been wondering when you would act.
Chances are, the boss isn’t screaming, “Where are those job descriptions?” But come court time, come EEOC investigation time, come ADA lawsuit, it’s going to be, “What, you didn’t update the job descriptions?
PTO plans, which eliminate distinctions between types of leave, do relieve HR of an administrative burden and the dreaded role of “absence police,” but there are some drawbacks, says attorney John Hagan.
Today’s Internet-savvy employees are likely to approach you with reams of data gleaned from various on-line sources, all showing that they should be paid more. How should you respond?
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