Common Misconceptions in HR
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Dispel common HR misconceptions by learning the important principles.Many employers suffer from misconceptions about the legal protections that employees have under the law. As a result, they risk liability for hundreds of thousands of dollars if a disgruntled employee should file suit. This topic will help those responsible for administering the human resource function dispel those misconceptions by learning the important legal principles. We will explain why "independent contractor" is not just a label that you can pin on a worker, and why paying an employee a salary does not exempt that employee from the right to overtime. We will also discuss the FLSA ban on giving workers compensatory time in lieu of paid overtime. We explore in depth the need to identify legitimate reasons for discharge decisions, in light of the standards that the courts apply in deciding discrimination cases.
AuthorsCalvin R. House, Gutierrez, Preciado & House, LLP
1099 = Independent Contractor
• Who Is an Employee?
• Who Is an Independent Contractor?
• 1099 Employee Is a Non Sequitur
Salary = Exempt
• Salary Basis Test
• White-Collar Exemptions
Compensatory Time Instead of Overtime
• FLSA Overtime Requirement
• FLSA Ban on Compensatory Time
You Do Not Need a Reason to Discharge an At-Will Employee
• At-Will Employment
• Discrimination Law Standards
• Documenting Discharge Decisions