Employment relationships are, IMHO, very much like marriages... no one enters into them with visions of having a horrible realization a few years down the road about what the other person has done, and the resultant bevy of attorneys, threats, distrust, expense, and other such turmoil eating away at everyone's sanity for months, years, and perhaps even longer as peoples' estates continue to sue one another even after each others' ultimate demise. How sad that much of these feelings of inequities and persecutions can be avoided if both parties will become aware and follow a few human resource law basics (or at least have their trusted HR/payroll professional and/or attorney to review on a frequent and regular basis). The biggest of which always seems to be:
Employee exempt/non-exempt classification.
|Don't rely on your workers' job titles |
or outfits, to determine their exempt status.
Basically, employers are exempt from paying a worker overtime - if - the job position meets certain criteria. Having a big, impressive job title isn't one of them; what the government (and attorneys on both sides during that nasty lawsuit) will examine is the actual duties themselves. And with the current trend for employers assigning executive-type job titles to non-executive type domestic roles (i.e., calling your housekeeper a Chief of Staff simply because she's been around the longest), I anticipate this issue to be the largest human resource legal problem in the domestic staff industry for quite some time.