Search CompleteMarkets

... policy' are particularly suspect for having a victim mentality. Carefully scrutinize candidates with unexplained gaps in their employment history, criminal records, and other questionable items on their application. The employment application should include a statement about at-will employment as a defense against potential employee contract claims. Have employees sign an agreement that any disputes concerning hiring, termination or wages be resolved through binding arbitration before a retired Superior Court Judge. REVIEW OF CANDIDATES' QUALIFICATIONS: Besides the standard job interview, employers should consider the following ways of checking a candidate's qualifications: Drug Tests: Many problem employees have drug or alcohol problems. Credit Check: A credit report will reveal if the applicant has listed all previous employers. The new Fair Credit Reporting Act (FCRA) amendments require employers to get permission from applicants before obtaining ... companies win or lose such suits, they'll divert time, money, and energy from growing sales and earnings. In one Southern California lawsuit, an openly gay grocery store night manager claimed he was wrongfully terminated because of upper management's discriminatory anti-gay practices. The store denied the allegations and said the manager was fired because he violated the store's zero-tolerance policy on sexual harassment. He was suspended after a stock clerk accused him of trying to fondle him; other employees provided signed statements accusing the manager of conduct ranging from mild sexual innuendo to fondling and propositioning employees. Even if the store wins the suit, it will have lost hundreds of thousands of dollars on lawyers' fees and its public image will suffer. If it loses the suit, the verdict could be in the millions. Only 5% ...

... time and one-half overtime pay by wrongly claiming that the employees are somehow exempt from the overtime laws. Perhaps the greatest misconception among employers is that they don't have to pay overtime if employees are paid on a salaried basis. This is false! Salaried employees are entitled to overtime pay as long as their job duties don't come under an exemption to the overtime pay laws. In overtime pay cases, courts start with the premise that all employees are entitled to overtime compensation. Only those employees who an employer can prove fit within one of the exemptions to the FLSA can lawfully be denied overtime pay. What's more, state laws can provide benefits in addition to those under the FLSA. For example, some states require employees who aren't covered by the FLSA to be paid overtime compensation. Some states ... Simmons Petroleum Corp., 1981) . Substantial Discretion and Judgment Requirement With regard to this requirement, it's important to remember that the work under consideration is part of the employees' primary duty. Hence, unless it involves the administration of academic instruction, it must be directly related to the employer's management policies or general business operations. In contrast, the work done by bookkeepers, secretaries, and clerks of various kinds represents the kind of work which isn't normally directly related to management policies or general business operations (C.F.R. par. 5441.205 (c ) (1 )) . Discretion and Judgment Requirement One of the most frequent causes of misinterpreting the term, discretion and independent judgment' is the failure to distinguish it from the use of skill (Donovan v. Simmons Petroleum Corp., ...

...ay laws. In overtime pay cases, courts start with the premise that all empl...tting a deal directly with employees. Courts have found that agreements that p...

...l be lost before you ever get into court! It's questionable how responsive...

... writ, injunction or decree of any court or administrative agency to which the...