Due to gloomy economic conditions in recent years, many employees have decided to “nest” in their current organization—regardless of their level of satisfaction. “Nesters” typically fall into two main categories: (1) the “stayers”, who are committed to remain with their current company for more than  two years even though opportunities to leave become available and (2) the “leavers”, who plan to leave as soon as a good opportunity presents itself.

I see five differentiators between the “stayers” and the “leavers”. These factors are what tend to make employees “stayers”:

1. Confidence & trust in company leadership – This is when employees feel they work for a well led organization that is heading in the right direction.  It also is when company leaders have created a culture of trust among employees.
2. Empowerment – Employees that feel trusted by leaders (this is the other part of the “circle of trust”). This trust is demonstrated by leaders empowering employees to take independent actions and decisions within a defined set of parameters.
3. Environment for success – This means people in jobs for which they are capable and are given the necessary tools (equipment, training, direction, etc.) to be successful.

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4. Professional growth – Very few employees do not have a desire to develop and grow professionally. The employer’s role in this factor is to create an environment of continuous learning and provide opportunities to for employees to advance their careers both in terms of professional satisfaction and financial rewards.
5. A fair exchange – For this to be exist, employees must feel that what they give to the company and what they receive in return is fair. Employees evaluate every aspect of the employment arrangement, including but not just rewards and recognition).

Often the most effective way for an organization to assess where employees stand on these five key factors is to periodically conduct confidential employee surveys conducted by an outside third party. The confidentiality and outside party features help to cause employees to feel that they can express their opinions in a completely candid way with no concern about negative consequences.

Here are three common ways employers violate employment laws:

1. Misclassifying or Not Classifying Employees under the Fair Labor Standards Act

The Fair Labor Standards Act describes under what set of circumstances an employee meets the requirements to be classified as “exempt” as opposed to be classified as “non-exempt”.

• Employers are not required to pay exempt employees overtime at the rate of time and ½ for all hours in excess of 40 in an given work week.
• Employees who are non-exempt must be paid at this rate for all such hours.

The best way for employers to avoid running afoul of the law is to have a formal process in place that it uses to determine what the proper classification is for each of its positions.

2. Failing to Pay Non-Exempt Employees Overtime Because It Was Not Authorized

An employer is required to pay overtime to an exempt employee for hours in excess of 40 in a work week EVEN though the employee worked some hours without authorization from the company.

The existence of a policy prohibiting additional hours of work beyond an employee’s regularly scheduled hours does NOT relieve the employer of this overtime payment obligation.

The best way for an employer to deal with this matter is to have a written policy communicated to all employees. It is important that the policy clearly state that under such circumstances the company will pay overtime at time and ½, but the offending employee will be subject to appropriate disciplinary action, up to and including discharge for repeat offenders.

3. Categorizing Individuals as Independent Contractors Who Are Actually Employees

This subject first amped up the government’s attention to a very high level during the Silicon Valley explosion. It was discovered that a significant number of companies where hiring individuals as independent contractors who in reality where employees. In some instances, the actions were viewed by the government as an attempt by violators to avoid providing of benefits and their incurring the accompanying expenses.Ambrina can be purchased for an average price of $42.00 for a 20-count bottle, as frankkrauseautomotive.com viagra 25 mg opposed to the artificially synthesized ones? Many of these have also been cleared by FDA.

An employer’s establishment of an individual’s correct status can be easy to get wrong. This is reflected in the fact that the U.S. Supreme Court has on a number of occasions held that there is no single rule or test for determining whether an individual is an independent contractor or an employee for purposes of the FLSA.

To avoid problems in this area, an employer must be very carefully examine the factors which the Court has considered significant. These include:

1) The extent to which the services rendered are an integral part of the principal’s business

2) The permanency of the relationship

3) The amount of the alleged contractor’s investment in facilities and equipment

4) The nature and degree of control by the principal

5) The alleged contractor’s opportunities for profit and loss

6) The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor

7) The degree of independent business organization and operation