Hiring employees remains the single most misunderstood function of a company and is also its largest liability – not only to the employee but to state and federal agencies. As a result, it is important those involved in the hiring process ensure they are following legal guidelines. When uncertain, a dedicated business attorney is available to help. Call Georgia employment law compliance lawyer can help you improve your hiring process.
Misclassification of an employee as an independent contractor can have serious consequences for a company that stretch back to the date of hiring. While having employees can be costly and cumbersome, it is only a matter of time before a misclassification issue can land you and your company in hot water. The cost of doing things correctly is much less than having to fix the short cuts later.
Another trap for unwary employers is assuming that because you put an employee on a salary that the employee is exempt from pay for overtime. The analysis of whether an employee should be paid overtime for more than 40 hours per week is extremely complex. Furthermore, misclassification here lands a company in federal court and on the hook for everyone’s attorney’s fees. Unless you want to pay your employees’ attorneys to sue your company, talk to a legal professional to get this call right – and insure it.
Do you want your secrets walking out of the door when your employee leaves your company? Is today’s employee tomorrow’s competition? If an employee decides to leave and compete with you, does the employee have any restrictions from hiring all of your other employees?
Should you have written employee agreements with every employee, and what effect does that have on the “at will” employment status? Is your employee handbook up to date?
If your business is hiring and managing employees, you probably have a handle on all of these complex issues. If your business is to run your business, you may need a Georgia employment law compliance lawyer to do a thorough evaluation of your hiring practices.