Labor lawsuits: How to avoid a legal fight

Take preventive action!

•Make sure job descriptions accurately represent the real duties of the managers and other salaried employees at your property, Conine advised. Communicate expectations to employees to make sure they stay within those responsibilities.
•Look carefully at state and federal rules and standards regarding who qualified for salaried exempt status, Lipkin said. If a salaried employee qualifies for overtime pay, either modify your operation or pay that person on an hourly basis, where you compensate them appropriately.
•Conduct a “lawdit,” Sherwyn said. Hire a firm that specializes in labor and employment law to look at your job classifications, descriptions and actual work conducted by each employee. They’re familiar with this complex area of law and can provide you with direction should they find any violations.
2. Retaliation

Scenario: An employee files a complaint alleging sexual harassment in the workplace. Two weeks later, that same employee is fired for poor performance. She sues the employer, alleging her termination was because of the sexual harassment complaint—thus discouraging other employees from filing similar complaints in the future.

“Such a series of events makes it relatively easy for an employee to complain that there were related,” Conine said.