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Question: A newly hired employee quit after their first day. To keep things simple, can we just pay them as an independent contractor? Answer: No, that approach is not compliant with regulations. The IRS, the U.S. Department of Labor, and state agencies have specific criteria for determining who is an employee and who is an

Question: What should we include in a job description? Answer: Accurate and carefully crafted job descriptions are essential for attracting and keeping new employees, setting clear performance expectations, and serving as a critical line of defense in many types of employment litigation.  Effective job descriptions include:  Advice provided by Mineral. This Q&A does not constitute

Question: How can we help our employees feel more comfortable providing feedback about their managers? Answer: Employees are often uncomfortable providing feedback about their managers because they fear workplace tension or retaliation, they aren’t sure what to say, or they don’t believe anything will change. The following practices can help address these concerns:  Advice provided

Question: We have remote and on-site employees. Do we have to post hard copies of required labor posters in the workplace, or can we provide only electronic ones on our internal web page for all employees to see? Answer: As you have remote and on-site employees, we recommend doing both. In December 2020, the Department

Question: What is the difference between an exempt employee and a nonexempt employee? And how do I know who’s who in my office? Answer: Good questions. The Fair Labor Standards Act (FLSA) is a federal law requiring that most employees receive at least minimum wage for each hour worked and overtime pay for hours worked

Question: When are we required to pay for trainings?  Answer: In general, time spent in job-related training is counted as time worked and must be paid. However, not every lecture, class, training program, or similar activity would qualify. If all four of the following criteria are met, you don’t need to pay the employee for

Question: Our previous HR director was lax about policy enforcement, particularly around tardiness and dress code. What’s the best way to start enforcing these policies consistently?  Answer: If possible, we recommend meeting with employees to inform them that, going forward, these policies will be uniformly enforced. If meetings aren’t a viable option, a company-wide announcement

Question: Do we need to tell employees when employment laws change? Answer: Possibly. As the employer, you need to stay up to date on legal changes that affect your organization, and your leadership team, managers, human resources, and payroll departments should be kept aware of any new legal requirements or rights that will apply to them

Question: What can we do to reduce turnover and retain employees? Answer: High turnover can quickly become costly. We recommend the following practices to increase retention:  Advice provided by Mineral. This Q&A does not constitute legal advice and does not address state or local law.  David KatzVice PresidentVMA Insurance Services To send your questions, write to

Question: We have a longtime employee who’s no longer meeting expectations. The owner is afraid to hold them accountable because they’re over 40 and therefore in a protected class. What can we do? Answer: In general, you shouldn’t let an employee’s protected class status deter you from holding them accountable to your performance expectations. After all,