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
| Feb 14, 2014
ASHRAE, Green Grid team up on energy-efficiency guide for data centers
Vendor-neutral publication examines aspects of the popular power usage effectiveness (PUE) metric.
| Feb 14, 2014
Scrap tires used to boost masonry blocks at Missouri University of S&T
Research could lead to blocks that use waste material and have seismic and insulating benefits.
| Feb 14, 2014
Giant interactive pinwheel adds fun to museum exterior
The proposed design for the Santa Cruz Museum of Art and History features a 10-foot pinwheel that can be activated by passersby.
| Feb 14, 2014
First look: Kentucky's Rupp Arena to get re-clad as part of $310M makeover
Rupp Arena will get a 40-foot high glass façade and a new concourse, but will retain many of its iconic design elements.
| Feb 14, 2014
Must see: Developer stacks shipping containers atop grain silos to create student housing tower
Mill Junction will house up to 370 students and is supported by 50-year-old grain silos.
| Feb 14, 2014
The Technology Report 2014: Top tech tools and trends for AEC professionals
In this special five-part report, Building Design+Construction explores how Building Teams throughout the world are utilizing advanced robotics, 3D printers, drones, data-driven design, and breakthroughs in building information modeling to gain efficiencies and create better buildings.
| Feb 14, 2014
Crowdsourced Placemaking: How people will help shape architecture
The rise of mobile devices and social media, coupled with the use of advanced survey tools and interactive mapping apps, has created a powerful conduit through which Building Teams can capture real-time data on the public. For the first time, the masses can have a real say in how the built environment around them is formed—that is, if Building Teams are willing to listen.
| Feb 13, 2014
University officials sound off on net zero energy buildings
As part of its ongoing ZNE buildings research project, Sasaki Associates, in collaboration with Buro Happold, surveyed some 500 campus designers and representatives on the top challenges and opportunities for achieving net-zero energy performance on university and college campuses.
| Feb 13, 2014
3 keys to designing freestanding emergency departments
Having physically disassociated from a central hospital, FEDs must overcome the particular challenges associated with a satellite location, namely a lack of awareness, appeal, and credibility. Gresham, Smith & Partners' Kristin Herman-Druc offers three keys to success.
| Feb 13, 2014
Why you should start with a builder
They say the best way to eat an elephant is one bite at a time. Expanding your building or constructing a new structure for your business, church, or school isn’t all that different. Attacking it is best done in small, deliberate pieces.