Rob’s RulesHow to Avoid Trouble with Employees . . . Hopefully

Robert C. Jackson, Esq.

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Who’s Rob and Why Should I Care?

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We Live in a Challenging Business Environment

• Economic Challenges• More Demanding Employees• New Technologies Reshaping World• Increased Regulation and Legislation• Business, in general, is Under Attack

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What Can You Do?• Look at What You CAN Control

• Take Advantage Where You Can

• Technology, Economy, Good Policies and Rules

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Quick and Dirty Rules

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• Review Some Basic Employment Rules That I Advise Clients to Live By

• Remember the Pirate Code • “more like guidelines”

• Questions at any time

Quick and Dirty Rules

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Points to Remember

• One Size Does NOT fit ALL • Business Size Matters• Perception is Reality• Make Omelets, Must Break Eggs

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Rob’s Rules

RULE No. 1

HIRE WELLTake Advantage of the Glut Of Appli-

cants

Easiest Way to Mitigate Risk• Hire Good People• Treat Them Well

Rob’s Rules

Rule No.2

PAY EMPLOYEES PROPERLY

Primarily, FLSA Risk

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FLSA Is Dangerous

Targeted Enforcement in area, Restaurants & HotelsTipped Employees, Rules are Confusing

– Seeking Liquidated Damages in All Claims Now

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FLSA

Because of Automatic Fees, Small Technical Violations Can Lead to Big Settlements

- Government Contractors Can Be Disbarred- There’s an APP for That NOW• DOL WAGE APP (Timesheet & One Button Contact

Agency)

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Rob’s Rules

Rule No.3

EVALUATE QUICKLYgenerally, within 90 days

Mostly, Unemployment Issue, but helps defending ANY claim

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Rob’s Rules

Rule No.4

DOCUMENT! DOCUMENT! DOCUMENT!

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Rob’s Rules

Rule No. 5

RESPOND TO PROBLEMS PROMPTLY

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Rob’s Rules

Rule No.6

HAVE GOOD POLICIESSexual Harassment, Leave, PTO, Others

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Rob’s Rules

Internet Policy?

• Facebook, Facebook, Facebook

• Now, Facebook, Instagram, Twitter, Four Square, Flickr, etc …

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Rob’s Rules

Facebook

1 Billion usersCrossing line between work and

personal lives

Rob’s Rules

Facebook Corollary No. 1

What goes on the internet, doesn’t always stay on the internet

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Rob’s Rules

Facebook Corollary No. 2

What goes on the internet, stays on the internet…forever

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Facebook – Protected Speech?In flux, rules still developing:

NLRB sees wage or discussions of work conditions as protected concerted

activity

Government employers have 1st amendment

Fact based analysis-consult counsel

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Rob’s Rules

Rob’s Rules

Rule No. 7

FOLLOW YOUR POLICIES

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Rob’s Rules

Rule No. 8

ALWAYS ACT PROFESSIONAL

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Rob’s Rules

Rule No. 9

TRUST, BUT VERIFY

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Rob’s Rules

Rule No. 10

CONVINCE EMPLOYEES TO FIRE THEMSELVES

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Wrap Up

Agency Update or

Questions?

www.HSMcLaw.com

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