You may be violating an employment law just by trying to be nice to your employees, says a new report.
The California Chamber of Commerce has produced a white paper cataloging the top 10 mistakes most likely to get a company sued. While a few of the laws cited apply specifically to California, some of them are federal and may apply in your state.
The report observes: "Employers may unintentionally violate employment laws simply by trying to provide some flexibility for an employee, save money for the company or just be nice."
Here are the top 10 mistakes:
1. Classifying all employees as exempt, whether they are or not
It may be easier to pay someone a salary rather than figure out overtime, meal breaks, rest breaks and the like. The time (and money) you save on bookkeeping is a false economy, however, since you could pay big time in penalties or a lawsuit. (See the report for more specifics.)
2. Letting employees work through lunch so they can take off early
A non-exempt employee is required to be given a 30-minute meal break, plus a 10-minute break for every four hours worked. If you deny one or the other, you owe the person an extra hour's wages; if you deny both in the same day, you owe an additional two hours. The wages must be paid during the pay period in which it's missed. The employee cannot waive his or her right to the breaks.
3. Making everyone an "independent contractor" because having employees is too much trouble
The report notes that contractors are happy until one of the following comes up: workers' compensation, unemployment insurance, state disability insurance or paid family leave benefits. Avoid these legal spiderwebs by determining who is and who isn't a contractor.
4. Not providing training about harassment and discrimination to managers and supervisors
Don't assume your employees won't need the information. Avoid lawsuits by providing the basic sexual harassment training required by law.
5. Letting employees decide which, and how many, hours they want to work each day
Most employees are restricted by law regarding the number of hours they can work without needing to be paid overtime. If you are allowing longer workdays for four-day workweeks, there are rules that need to be followed. Check with your state laws for specifics.
6. Terminating any employee who takes a leave of absence
From the report: "Employees have legal protection when they are away from work for various reasons, including workers' compensation, disability, pregnancy, family and medical leave, military leave, jury duty and many more."
7. Withholding an employee's final check if they fail to return company property
You may think you can withhold money while you wait for an employee to return a computer or a cellphone, but think again. Some states have laws that require you hand over the check the minute the words "you're fired" come out of your mouth. And if an employee quits and gives more than 72 hours notice, the check must be ready on his or her last day. The penalties start accruing from the moment the check is late-one day of wages for every calendar day of delay.
8. Providing loans to employees and deducting the money from their paycheck each pay period
This seems perfectly fine, doesn't it? Except most state labor codes permit only paycheck deductions authorized by law and those authorized by the employee for health insurance or other benefits. No other deductions are permitted. If you're making a loan, you should have the employee sign a promissory note and a lawyer review it.
9. Using noncompete agreements to protect confidential information
Many employers force employees to sign these agreements to protect business secrets, customer lists, and pricing information and to prevent employees from working for the competition. Essentially, you can't force your employee to stay with you, nor can you prevent him or her from making a living.
10. Implementing a "use it or lose it" vacation policy and avoid paying out all the money at termination
Accrued vacation is a form of wages and cannot be denied. You can stop an employee from accruing vacation beyond a "reasonable" amount, but you cannot take away what he or she has already earned. What is considered a "reasonable" cap? Generally 1.5 to two times the annual accrual, says the report.
Have you suffered any consequences from doing any of these things?
--
Courtney Rubin is a business writer and contributing editor to Inc. magazine.
Related Stories
Cultural Facilities | Apr 20, 2015
Jean Nouvel loses court battle against Philharmonie de Paris over alleged design ‘sabotage’
Nouvel boycotted the January opening of the facility and asked for his name to be removed from all references to the work.
Contractors | Apr 20, 2015
Too many construction projects don’t meet owners’ expectations: KPMG report
Causes for delays, overruns, and underperformance include project management talent shortages, distrust between owners and contractors, and the lack of fully integrated project management systems.
High-rise Construction | Apr 17, 2015
Construction begins on Goettsch Partners-designed Nanning China Resources Center Tower
The tower's design is derived from its multiple uses, which include 170,000 sm of Class A office space, 5,000 sm of boutique retail, and a 45,000-sm luxury Shangri-La hotel.
Museums | Apr 16, 2015
SANAA and Snøhetta tie at first place for Budapest museum bid
The two firms submitted designs for the New National Gallery and Ludwig Museum, one of five planned museums to be constructed in a park just outside the urban center of Hungary’s capital.
High-rise Construction | Apr 16, 2015
Construction begins on Seattle's Tibet-inspired Potala Tower
Construction on the 41-story Potala Tower in Seattle finally kicked off following a ground-breaking ceremony seven months ago.
Architects | Apr 14, 2015
Jeanne Gang, Bjarke Ingels among participants for inaugural Chicago Architecture Biennial
Some big names include Bjarke Ingels Group and Studio Gang Architects
Sports and Recreational Facilities | Apr 13, 2015
USTA breaks ground on what will be the country’s largest tennis complex
The 63-acre facility is being positioned as a cornerstone for a sports innovation and performance district in Lake Nona, Fla., a 7,000-acre master planned community that continues to expand.
Building Team Awards | Apr 10, 2015
14 projects that push AEC teaming to the limits
From Lean construction to tri-party IPD to advanced BIM/VDC coordination, these 14 Building Teams demonstrate the power of collaboration in delivering award-winning buildings. These are the 2015 Building Team Award winners.
Building Team Awards | Apr 10, 2015
Prefab saves the day for Denver hospital
Mortenson Construction and its partners completed the 831,000-sf, $623 million Saint Joseph Hospital well before the January 1, 2015, deadline, thanks largely to their extensive use of offsite prefabrication.
Building Team Awards | Apr 10, 2015
Anaheim’s soaring intermodal hub
Anaheim's Regional Transportations Intermodal Center is the largest ETFE project in North America.