General labor doesn’t make manager nonexempt

November 28, 2011
Every year, hundreds of retail and restaurant managers sue, claiming they should be classified as nonexempt because they spend almost all their time doing the same kinds of tasks their subordinates do. But that’s not the test. In fact, managers often do double duty, performing manual tasks while also managing their workers.
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Warn bosses: Email will be used against you

November 28, 2011
You’ve told managers before, now tell ’em again: Email may seem like private communication, but it really isn’t. Anything a manager says in an email may become evidence in a lawsuit.
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Delete cryptic notes lurking in your HR files

November 28, 2011
Before you toss that handwritten note into the employee’s file today, stop for a second and read it. Years from now, will you remember what that chicken-scratch meant? Many lawsuits have turned on one or two words scrawled by a manager or HR pro after employee meetings and conversations.
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New hire running into trouble right away? Document problems early and often

November 25, 2011

Once in a while, the honeymoon is barely over before a new em­­ployee starts to struggle. Since every job has a learning curve, you may hesitate to terminate right away. But you can’t ignore the problems, either.

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Court: Don’t expect access to past job records

November 25, 2011
When a former employee sues, alleging she was terminated because of sex discrimination, the employer often argues that the real reason was poor performance. Don’t expect the court to let you go on a fishing expedition into the employee’s past. As this recent case shows, courts think past performance is no indication of future results.
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Document poor attitude, just in case of lawsuit

November 25, 2011
Here’s a tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.
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Is it OK to use SSNs as ID numbers?

November 23, 2011
Q. A few employees have complained that we use their Social Security numbers (SSNs) as their ID numbers. They’re concerned about identity theft. Is it legal to use Social Security numbers for ID purposes?
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How do I make a noncompete enforceable?

November 23, 2011
Q. Can I ask employees who are already with the company to execute noncompete agreements?
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Does workers’ comp cover telecommuters?

November 23, 2011
Q. Do workers’ compensation laws apply if an employee is injured while working in his own home and using his own equipment?
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Do you recommend anti-harassment training?

November 23, 2011

Q. Our company is considering anti-harassment training for all employees. Some managers and executive are concerned that this will stir up lawsuits. Do you recommend such training?

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