Make sure you’re not breaking any laws when it comes to how you treat your employees. The Fair Labor Standards Act (FLSA) has rules about overtime pay that you need to follow. If you don’t, you could get in trouble. As a law firm, it’s important to make sure you’re following all the rules when it comes to how you treat your employees. When hiring people, make sure to double-check their resumes and interview answers. People have been caught lying about their qualifications and experience, so it’s important to verify everything. This goes for attorneys and support staff too. It’s also important not to ask personal questions about family planning during interviews. If a lawyer wants to leave a firm, there are rules they have to follow. They can’t just tell clients on their own. They have to work with the firm to tell clients together. If they can’t agree, then they can tell clients on their own. They have to let the clients know they can stay with the firm, go with the lawyer, or find a new lawyer or firm. And if the client leaves, they still have to pay any fees and costs they owed before. When a lawyer leaves a law firm, they have to let their clients know. It doesn’t matter if the lawyer was an associate or a partner, it depends on the relationship they had with the client. The law also says that a firm can’t stop a lawyer from practicing law after they leave. They can’t make the lawyer sign a contract that stops them from working as a lawyer. And if a client hasn’t paid their bill, the law firm can’t keep their file as a way to make them pay. This would interfere with the client’s new lawyer and could get the law firm in trouble with the bar association. Law firms need to be careful about how they treat their employees, especially when it comes to paying them for their work. They need to make sure that they are not classifying certain employees, like paralegals, as exempt from overtime pay when they shouldn’t be. Even if a paralegal has a lot of experience and does a lot of important work, they still may not qualify for this exemption. It’s important for law firms to follow the rules when it comes to paying their employees. Paralegals usually cannot work overtime without getting paid for it, even if they have different skill sets. There are some exceptions, like if they have an advanced degree in a different field and use it for their work. Also, if a law student wants to work for free at a law firm, they might actually be considered an employee and need to be paid at least minimum wage and overtime unless the internship is focused on their training and education. If you’re a high school student doing an internship at a law firm, you should be paid at least minimum wage and overtime if you work more than 40 hours a week. It’s important to keep track of your hours and make sure you’re compensated fairly. If you’re not sure if you should be exempt or nonexempt, it’s safer to assume you’re nonexempt and should be paid overtime. Under the FLSA, employers must have reliable records of the hours their employees work. If an employee claims they worked off the clock, through lunch, or at home, the employer needs proof that this is not the case. For nonexempt employees, firms should have a rule against working unauthorized overtime, but they still have to pay for it if it happens. Employers can discipline employees for unauthorized overtime. Independent contractors are not considered employees, so they do not have to be paid overtime. However, just calling someone an independent contractor is not enough to classify them as one. The Department of Labor looks at the economic reality of the situation to determine if someone is an employee or an independent contractor. If an independent contractor is paid hourly and treated like an employee, they may be entitled to overtime pay.
In simple terms, employers must keep accurate records of hours worked by their employees. If employees work overtime without permission, they still need to be paid for it but can be disciplined. Independent contractors are not entitled to overtime, but they must truly be independent and not treated like regular employees. If an employee is exempt, the employer can’t make deductions from their salary based on the hours they work. This could make the employee lose their exempt status. However, there are some exceptions, like if the employee misses a full day of work for personal reasons or takes unpaid leave under the Family Medical Leave Act.
If an employer has a policy in place and reimburses employees for any improper pay deductions, they can protect themselves from losing the employeeâs exempt status. To follow the law, companies should make sure employees are classified correctly, keep accurate records, have good policies, and protect the exempt status of their exempt employees. This article discusses the laws and regulations related to employee exemptions from overtime pay. It was written by members of the Labor and Employment Law Section, and edited by Rogers and Strauss. It was based on a CLE presentation by attorneys from different law firms. The purpose of The Florida Bar is to promote duty, service, and justice in the legal field.
Source: https://www.floridabar.org/the-florida-bar-journal/employment-law-for-law-firms-do-the-shoemakers-children-need-new-shoes-part-1/
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