How to Avoid Legal Pitfalls with Employees

Be Prepared Beforehand – Legal Pitfalls To Avoid With Employees

You’d be surprised by the number of legal red flags businesses raise when it comes to employment and employee-related matters. While running a business, foreseeing legal problems and pitfalls is a vital for a business and something that our Houston employment law firm, has been doing for many years. Because we practice in business and employment law, we are certainly familiar handling legal shortcomings with business and employees. In fact, we have some tips that allow you to check for legal pitfalls before they become genuine problems.

Violating Wage Hour Laws

Often, when money is tied up or a company has just started out, it tends to ignore the payment of overtime wages. Employees who fall under the Fair Labor Standards Act are entitled to overtime pay. There is a wealth of information on the Fair Standards Labor Act located on the Department of Labor Website.

Lack of Workplace Policies

An Employee Handbook contains a list of company policies and procedures to help employees understand what is expected of them. Creating a handbook isn’t a priority for many businesses, but it’s still very important. The procedures and policies in the handbook can actually help a company in legal situations with employees. For example, a company’s policy regarding discrimination and sexual harassment states the steps that need to be taken by an employee subject to any kind of sexual harassment or discrimination at the workplace. They also layout standards for employee behavior, work standards and appearance, among others. A good handbook also clearly defines a procedure for filing a complaint against a fellow employee or superior. Having these policies in place and help decrease the legal headache that comes during the litigation process. Finally, having clear communication to employees, about what’s expected of them, minimizes misunderstanding and can help set the standard for judging employee performance.

Proper Worker Classification

The people you hire need to be properly classified as full-time employees, part-time employees, interns, independent contractors, consultants and so on. Each classification will depend upon federal and state wage hour laws that consider certain factors – the nature of the job, the work the person does for other companies, the relationship the employee has with the company and control the firm has over the employee – and not as per your choosing. So employing a person as a part-time worker, when his/her actual job involves doing full-time work can put the company at risk.

With over 25 years experience, Garcia-Martin & Martin, P.C. has been serving clients in Houston TX, Stafford TX and Sugar Land TX clients, who are in need of an employment attorney or business attorney. So if you’re looking for a Houston law firm, call today for your appointment (281) 277-3066.