1. Is the Worker an Employee vs Independent Contractor – this is a legal determination, and businesses can’t just call a worker one when the worker is really the other. There are payroll and tax implications here, so businesses really need to get the classification correct. if the business does not get the classification correct, the company could owe employees overtime and be subjected to penalties and fines
2. Hourly or Salary- Just because someone is a manager doesn’t mean he/she are paid a salary without overtime. if the business wants someone to work 50 hours a week and not pay overtime, the answer isn’t always to pay him/her a salary. The determination of whether to pay hourly or salary are legal determinations, because some people who are on a salary still are entitled to overtime as well. This depends on whether the worker fit within an exemption to the law, and their job duties.
3. Even though it’s a Company policy- it may need to be adjusted for employees with mental health and other medical issues, like anxiety depression and for religious beliefs that don’t conform to the company's policy.  These are things like remote work, dress code policies, workstations, work schedules
4. Laws apply to prospective employees as well as current employees If the business has  an interviewee with ADHD who needs a different set up for the interview, or if the business does not hire the pregnant employee or is only hiring Gen Z employees- this could all end the company up in legal trouble

New and already established businesses should reach out to employment counsel to make sure the company is set up properly, and is not inadvertently making mistakes that could end up in a lawsuit. 

Karly Wannos, Esq., of the Wannos Law Firm, PA is an employment attorney in Florida. She helps companies comply with the employment laws through legal guidance, customized workshops and trainings and preparation of legal documents and employee handbooks.

Connect with Karly Wannos at The Wannos Law Firm, Instagram and Linkedin and on The Employment Experience Podcast.

4 WAYS TO WORK WITH KARLY WANNOS

 1. Legal Advice - Employment Law

The Wannos Law Firm, PA provides employment counseling and legal advice to clients in Florida. Please contact the firm for additional information on how we can help with you or your client's employment needs. Schedule a consultation.

2. EEO Trainings

We train CEO's HR Departments, Supervisors and Employees on the employment laws affecting the business. More Information Here.

3. Employment Mediation

Karly has practiced employment law for 16+ years and has represented both employees and employers throughout the course of litigation, making her an effective and understanding mediator. Online Scheduling and Quick Availability. 

4. Workplace Investigations

The Wannos Law Firm, PA provides prompt, independent and efficient workplace investigations in response to employee complaints of harassment, discrimination, retaliation and serious policy violations. Schedule a call to discuss how we can help.