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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 1998 Steven M. Sack

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