Last December I wrote about how an employee wage misclassification case cost Oracle $35 million. The question about whether an employee is exempt v. non-exempt is often misunderstood by employers. Often, employers want to avoid paying overtime to employees. So employers will play a game of Russian roulette by paying those workers a salary instead
Iowa Creativity Summit March 1st at Drake University
Lawyers are not immediately recognized as the most creative souls on the planet but some of the best lawyers I know definitely have the the creative spark. I have seen many who were classic doodlers, photographers and painters. Some of them were also the most creative in the courtroom and ultimately very successful in winning cases. That’s why I am
Employee Terminations: Focus on Behavior, Not the Person
VIctor Aspengren on the IowaBiz site has a great article about focusing on the behavior rather than the person in employee terminations.
Super advice. Be sure to read it.
Overdocumentation in Employment Cases
In last week’s Tip of Week (yes, I am a little behind), John Phillips of the Word on Employment Law raises the interesting perspective that it is possible to overdocument in employment cases.
Some of John’s warnings on overdocumentation include:
- Documentation on trivial matters.
- Creating a paper trail right before an employee is terminated.
- Documenting
Should Employers Allow Employees to Start Businesses?
I read a Des Moines Register article this past week on a young man who is starting a business while employed by another company. According to the SBA deputy director in Iowa this happens frequently. I must say that I greatly admire anyone who has the courage and desire to start their own business. But
Golden Rule of Employee Relations: Fairness
Employee lawsuits are continually on the rise. So how do you keep your employees happy and stay out of court?
While it is technically not a "legal requirement" I have long suggested that treating employees with respect is the best way to avoid employee lawsuits. Building on this thought I recently saw a couple of
Prompt Investigation to Sexual Harassment is Critical
Read this post from Indiana lawyer Sam Hasler to find out why it is so important to respond promptly and appropriately to sexual harassment complaints.
In the case mentioned by Sam, Chili’s Grill and Bar escaped liability even though the employee established a prima facie case of harassment in her lawsuit.
Sam also has
Employees v. Independent Contractors
Small Business Owners – Beware! If you own or manage a small business you live in a world of substantial legal risks and increasing complexity. It is easy to find examples of practices that once have been common but now could give rise to employment lawsuits. One such example I often hear is "I’ll