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Checklist of Important Hiring Concerns
| 1. | Always confirm the employment relationship with the employee in writing after it has been agreed upon. |
| 2. | Consider the use of arbitration clauses in your employment agreements. |
| 3. | Consider the use of restrictive covenants in your employment agreements. |
| 4. | Carefully review all written agreements submitted to your company by employment agencies. |
| 5. | Be sure there is a clear understanding with any employment agency as to when a fee is earned. |
| 6. | Request reimbursement of the fee if the employee only works a short time and get this guarantee in writing. |
| 7. | Always confirm the placement fee in writing. |
| 8. | To avoid problems with competing employment agencies, hire only one or two at the same time. |
| 9. | Carefully scrutinize all contracts with outplacement firms before hiring and prepare written agreements which discuss how additional fees may be incurred. |
| 10. | Contact your nearest office of The Department of Labor to be sure your company complies with all appropriate benefits laws affecting part-time workers. |
| 11. | Understand the law pertaining to overtime, vacations, lunch breaks and coffee breaks affecting part-time workers. |
| 12. | Be sure to explain to part-time workers what fringe benefits are not available to them. |
| 13. | Analyze your company's position with respect to shorter holidays, vacations, paid sick leave and other benefits for part-time workers. |
| 14. | Understand the distinction between employee and independent contractor status. |
| 15. | Draft employee manuals which give employees a clear description of all benefits, states rules for on-the-job behavior, and discusses criteria used for evaluating job performance. |
| 16. | Reserve the right in your company manual in conspicuous language to alter benefits without warning or notice where warranted at the company's sole discretion. |
| 17. | To avoid exposing your company to an IRS tax audit, or reduce the chances of handling an audit incorrectly, impose compliance rules for reimbursement to directly-related business expenses. |
| 18. | Always have a written policy that sets forth record keeping requirements, reimbursement rules for company-related expenses, and penalties the worker may sustain for not following such policies. |
| 19. | Understand the impact that the Fair Labor Standards Act has with respect to travel and overtime. |
| 20. | Prepare a wavier whenever you are given a valuable money saving idea by an employee to reduce potential litigation; make sure the employee signs the document before accepting the idea for consideration. |
Copyright 1995 Steven M. Sack
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