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May 2019 Archives

Ministries aren't usually exempt from overtime laws

There is a fine line drawn between businesses and ministries. When it comes to employee pay and compliance with the Fair Labor Standards Act (FLSA), churches and ministries must be especially careful because of the nuances in the law that mean that certain things apply to the ministries and others might not.

Documentation and training can help protect your business

Employers have to protect their workers and their company. This can sometimes be a difficult line to walk because what is best for the company might not be best for the workers, and what is best for the workers might not be best for the business. When either of these occur, you have to make decisions based on the current facts. If there are negative employment factors that are coming into the picture, you have to be prepared to protect the business from claims that you violated employment laws.

How to prevent claims of retaliation

As an employer, you want to avoid as many employee claims as possible. You may be taking steps to prevent claims about harassment, but what about retaliation? According to the EEOC, retaliation is the most common basis for claims of discrimination in federal jobs.

Plan employee terminations carefully to protect your company

Employment litigation is a serious matter for any small business. When you have a current or former employee who is making claims against your company, it can cast a negative light on the business even if you didn't do anything wrong. One area where you have to be especially careful is when you have to terminate someone. This event brings up very negative feelings for the person who is being let go.

Department of Labor issues opinion on gig worker classification

The United States Department of Labor issued an important opinion recently about who is considered an employee of a company. The question the department was answering was whether or not workers in the gig economy qualify for the protections that the Fair Labor Standards Act provides to employees. The DOL has stated that in a letter that gig workers are contractors, so they don't qualify for the same protections as employees.

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