It took the failure of Lehman Brothers and the devastation of Wall Street for many executives to admit that their policy of “legislated optimism” wasn’t working. Leaders are increasingly replacing the culture of “Trust me! We’re fine!” with a policy of radical transparency.

Customers who phone the call center at Ascend One, a debt management company in Columbia, Md., are likely to talk to an employee who’s dressed in pajamas. Since 2006, the organization has allowed its call center employees to work from home, and about half of them—300 or so—have accepted the offer.

You might think that recognition is about the rewards you give employees for long years of service or for retiring after a notable career. It’s really not. Recognition is about employee engagement. And employee engagement starts with employer engagement. How you treat people today is going to determine whether your valued employees stay with you when the financial crisis is over.

Goals are the heart of any pay-for-performance system. They set the standard against which employees’ progress is measured—and on which bonuses and raises are based. But goal setting can be a tightrope act. To establish goals that improve organizational performance, ask these eight questions, developed by the Harvard Business School:

Beware breaking wage-and-hour laws if you employ drivers who cover expenses for the vehicles they use to make deliveries. If your hourly rate minus those expenses yields a figure lower than the minimum wage, you may be violating the Fair Labor Standards Act.

Here’s a problem you might not see coming. Let’s say you have an employee who belongs to a protected class, and whose skills you believe will help when relating to others of the same protected class. Before you decide to assign work to the employee based on those skills, consider whether doing so is, in effect, unspoken segregation.

Use social media tools to capture innovative ideas directly from customers. Example: Men’s clothing company Bonobos ran a “Tweet4Trunks” campaign via Twitter. For 30 days, the company asked followers one question per day about strategy and new products.

Donald Keough, former president of Coca-Cola, has 10 commandments (plus one extra for an even more spectacular flameout) if you want to be a “highly successful loser.” Here they are:

As the person closest to your work, you’re also the best one to identify ways to improve efficiency and reduce costs associated with your job—which is exactly what most C-suite executives and business owners focus on. Just because they don’t ask for your innovative ideas doesn’t mean they’re not interested. Get your creative juices flowing with these five questions:

Consider your level of integrity by answering these questions honestly and also consider gathering feedback from your colleagues, customers, family and friends:

To be efficient, leaders can embed the basic techniques of Six Sigma, which involves measuring and analyzing operations. The new buzz, though, is mastering “design thinking”—understanding customers’ day-to-day problems. Chuck Jones, vice president for global consumer design at Whirlpool, explains how the two techniques can happily coexist:

Look anywhere and you’ll find advice for achieving success, even if, like blogger Todd Taskey, you’re specifically looking for how success can turn into failure. Why on earth is he looking for failure? Because it happens all the time. Here are three ways people let their success go sour:

It’s important to carefully tailor noncompete agreements, also known as covenants not to compete. Employers can prohibit employees from poaching customers, but it’s essential to have an attorney help you craft a covenant that will prevail in court.

When it comes to termination, courts cut employers lots of slack—if employers can show they sincerely believed they were firing an employee for good reasons. You can show that good faith by having HR review all disciplinary actions, especially double-checking on termination decisions before they are finalized.

If your counter service employees share tips customers leave in a tip jar, how you divvy up the money is important. A new case makes it clear that those tips must be counted at the end of each shift and shared among the employees who worked that shift.

The GAO recently released a detailed report with a set of recommendations to address the persistent, widespread problem of employer misclassification of employees as independent contractors. The report urges the DOL and the IRS to step up enforcement efforts, so now's a particularly opportune time for employers that have classified any workers as independent contractors to carefully review those decisions.

Unlike employees, independent contractors can’t sue under Title VII for alleged discrimination. But that doesn’t mean they don’t have legal options if they believe they’ve suffered race discrimination. The 3rd Circuit Court of Appeals has just concluded that an old Civil War-era law still outlaws discrimination in contracting.

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring.

Dump this worst “best” practice, 360º anonymous feedback, advises Susan Scott, author of Fierce Leadership. “Anonymous feedback doesn’t tell us what we really need to know and leaves us wondering, ‘Who thinks that about me?!’” she says. Instead, exchange feedback face-to-face as soon as possible after something occurs.

Q. I own a themed restaurant where some employees dress in costumes to entertain the children. Last week, an employee complained that a “regular” grabbed her breasts through her mouse costume. Am I correct that I don’t have any responsibility because the groper wasn’t one of my employees?

Employers don’t have to put up with employees who pose a safety hazard to others—or themselves. While suicidal behavior may indicate an employee is suffering from a serious health condition under the FMLA or a disability under the ADA, it isn’t an excuse for violating safety rules.

We’ve all been told a thousand times that to increase our influence and effectiveness, we need to write personal thank-you notes. Here’s the right way to do it, as evidenced by a 1991 note from George H.W. Bush to Goldie Hawn.

Think for a second: Has the money you’ve spent on marketing grown your business this year? If not, it’s time to make changes in your 2010 marketing plans. No matter what type of marketing you use—e-mail, direct mail, ads, Internet, word-of-mouth—here are five simple changes guaranteed to boost results and revenue:

Problem: "I'm in charge of turning on the dishwasher each night before leaving. To some, this translates to my also being in charge of cleaning up after everyone. Several memos have been distributed ... but have not been successful. Any ideas? I'm tired of being known as the office maid. My name is not Hazel!"

The workplace is meant for working, and employers have the right to expect their employees to behave themselves. You can and should demand that all your employees treat each other, customers, supervisors and everyone else with dignity. If you don’t already have a civility rule, consider adopting one.

Congress is considering emergency legislation that would guarantee five paid sick days for workers directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus. Although passage is far from certain, the Emergency Influenza Containment Act is a bill worth monitoring.

“My senior admin recently asked us what we should discuss during our monthly admin meetings,” a reader wrote. With time at a premium, this is a good point, as there’s an ever-increasing need for groups to get more real work done during regular meetings. Suggestions for making your next admin meeting more productive:

Advertising titan David Ogilvy, who died a decade ago this year, sent these thoughts scrawled in a note to a business reporter in 1991: "Our founding fathers referred to life, liberty and the pursuit of happiness. Profit didn’t enter into it" ...

Daniel Brant liked to curl his eyelashes and wear mascara and heels when he went to his hair-stylist job at the Chop Shop on the Philadelphia campus of Temple University. When his boss transferred him to the salon’s South Street location and later fired him, he sued for discrimination.

Show you are responsive to consumers by venturing into social media with a plan. Example: When McDonald’s launched its first blog, customers bombarded the company with complaints about toy Hummers in its Happy Meals. Unprepared, the company was slow to respond. Lesson: Social media is a powerful relationship-building tool, but only if you’re ready to listen and act on customers’ comments ...

When the responsibility rests on your shoulders to communicate in a crisis, follow these five rules: 1. Speak the same language. 2. "Kill" all the lawyers. (Well, don’t kill them, but do cage them.) 3. Define the CEO's role. 4. Don't wait for a crisis. 5. Drill employees.

Now that word’s out about the importance of advertising in a downturn, here comes a reminder that while promotion is good for your existing business, you also need to renew the business itself. Redesigning your company, however, is hard. That’s what Robert Kiyosaki tried to do.

Blogs are spreading faster than kudzu in the business world, and for a reason: They help build relationships with customers, something every business and boss want to see. Here’s how to write blog posts for your company, without spending too much time, according to Stephanie Lloyd, founder and CEO of Radiant Veracity.

If it’s important to be user-friendly, and if the highest form of user-friendliness is user-centric, then why aren’t you doing it? That’s the challenge posed by Dev Patnaik and Robert Becker, co-founders of Jump Associates. They do “need-finding,” which is part of their user-based business design. Three reasons to uncover your customers’ needs:

Until now, newspaper ads, mailings and referrals may have kept your business growing. But fewer people are reading newspapers these days, and they’re doing more Twittering than actual talking. So how can you connect with those “lost” potential customers? One great way: Have your company appear high up in the list of results when people do Google searches for your product or service.

The rules for home-office deductions are particularly tough for corporate employees. Even if you legitimately use a home office for business purposes, you may not be entitled to a deduction. It doesn’t matter if you’re the owner of the company. Strategy: Rent the office to the company, which can deduct the rent payments as a business expense. You must pay income tax on the rent payments, but won’t owe employment taxes.

Q. For quality-control purposes and to ensure that workers are not making personal telephone calls, we would like to tape-record the calls employees make on company phones. Would that be legal?

Add a grain of salt to the conventional wisdom that says web sites with the lowest prices win the battle for online shoppers. To truly prosper online, you need to create trust in your brand name. That's why you shouldn't aim to compete online on price alone. To boost your brand's visibility online, follow these four steps:

Q. Should we require new employees to sign a nondisclosure agreement in order to protect our trade secrets, customer lists, etc.?

Talk about timing. Ellen Kullman, long on the short list of possible chiefs at DuPont, became president on Oct. 1, 2008, and CEO on Jan. 1. As the economy tanked and the chemical company’s sales fell, Kullman almost immediately had to decide what should and shouldn’t change. Organizing the company to respond to these trends, Kullman decided on four principles:

Federal and state public health agencies are closely monitoring the H1N1 influenza (also known as swine flu) that was first identified this spring. Since then, every state in the U.S. has had confirmed cases of the virus. It’s not time to panic—but it is time for businesses to think strategically, be proactive and be prepared.

This summer, a spontaneous outburst of dancing captured on video at the Sasquatch Music Festival showed the power of leaders to sway crowds. Business bloggers Seth Godin and Todd Taskey shared their thoughts on what it teaches about business innovation.

Should a leader jump into the media spotlight, even at the risk of damaging his image? Jeff Immelt, CEO of General Electric, says yes. A leader must communicate with the outside world as part of being a good corporate citizen. British CEO Stephen Martin agrees: Leaders must offer their business perspective to the public, or someone else will.

More than 33 million Americans now work remotely at least one day per month, according to the “Telework Trendlines 2009” survey report. Still, most managers have been trained to work with employees who are only physically present to them. How can you manage what you can’t see? Here are some tips for bosses who manage teleworkers:

You may be using Twitter.com already. If not, it’s worth taking a second look. Why? Because savvy businesses are using the tool to do some of what you do already—smooth out the information flow between leadership and everyone else. Here's how Twitter can help you on the job:

Imagine this nightmare scenario: You’ve contracted with a vendor to enter personnel data into a new computer system, including employees' Social Security numbers, addresses, names of dependents, health records and bank account routing numbers. Then the vendor notifies you that employee data was somehow stolen or lost. What do you do?

Twitter is a great way to create fans. Unfortunately, unless you control your messaging, it's also a great way to turn those fans into foes.

This month's collection of real-world quick tips from American business leaders, brought to you by members of The Alternative Board.

Typically, if you have a downtown office and take work home on nights and weekends, you won’t qualify for a home office deduction. Reason: The home office isn’t your principal place of business. But don’t give up! You still might be able to deduct certain expenses connected with that home office.

Employers can’t fire employees in retaliation for “blowing the whistle” on illegal activities. But Minnesota’s Whistleblower Statute doesn’t apply to workers who complain about practices they simply think are unethical.

When an employee threatens litigation, take your time building the case against him. Make sure you base your decision on solid facts. Double-check to see that there’s no way the employee can claim you singled him out for unfair or inequitable treatment. Then rest easy, knowing that if you’re sued, you can counter the allegations with facts and get the case dismissed quickly.

No sexual harassment policy will protect your company if what is going on in the cubicles or on the shop floor is blatantly offensive. It may not even matter that the offended or harassed employee didn’t follow your complaint policy and report the harassment to upper management. If she tried to talk to her immediate supervisor, that’s enough.

You know that you have to accommodate disabled applicants and employees under both the ADA and California’s Unruh Civil Rights Act. When making those accommodations, think of customers, too. The California Supreme Court has ruled that customers who can’t access your public spaces can sue for damages.

Q. The employment and noncompete agreements we have with our salespeople are several years old and appear outdated to me. May I require everyone to sign new, updated agreements?

When Jan Carlzon, former CEO of Scandinavian Airlines, wanted to give customer service representatives more autonomy, he feared the board of directors would balk. Even if the board members initially approved it, they might reverse course when faced with any backlash ...

At 26,000 feet in the air and only 400 feet from the summit of Broad Peak in Pakistan, two climbers were forced to stay in a snow cave for the night. The pair strategized a survival plan. Three things are critical to survival in those conditions, which work in other situations when you have to hunker down:

Q. How should I address a woman who uses two last names, such as "Geneva Besmer Silverstone"? By her maiden name, her surname or both?

Web sites don’t last forever. Some changes can be accomplished with simple maintenance, but patching can take you only so far. Here are five signs that it’s time to revamp your site.

Movers who work for All My Sons Moving & Storage can check online to learn if they need to make the trip to headquarters to pick up a truck. CFO Ormando Gomez is recruiting more Internet-savvy movers—by using the Internet to recruit them.

The EEOC recently filed suit against AHD Houston, claiming that Mary Bassi, a waitress at Cover Girls strip club, was fired because of her age. The federal agency brought suit against the strip club’s parent company, arguing that Bassi was fired and replaced by younger servers even though she was popular with customers ...

A New Jersey appeals court has upheld the termination of an employee even though a government agency cleared him of the alleged misconduct that led to his dismissal. That means employers still have the right to make their own decisions about conduct and what they believe happened.

For the second time in a year, a North Carolina Compare Foods store has settled discrimination charges with the EEOC. As in the earlier case, this one—involving a store in Statesville—involved accusations that workers had been fired because they weren’t Hispanic.

Leaders find business lessons every where, even from a shirtless guy at a music festival. See the Youtube video that went viral, and find out why two top business gurus believe that, when in doubt, good leaders just jump in with both feet.

In an industry that suffers an 80%-plus turnover rate, The Beryl Companies’ Dallas-based call center loses just 17% of its employees each year. Founder and CEO Paul Spiegelman attributes the low turnover to what he calls his “Circle of Growth” philosophy.

If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim.

Customers who are merely satisfied will leave you for any competitor who can offer a lower price.  Could changing the way you view marketing change “merely satisfied” customers into fans who are wild about you – at any price?

Been to a Starbucks lately?  If so, what do you think?  If you’re a long time Starbucker, how does the experience in the stores lately compare with the way things were four or five years ago?

What do any of these questions have to do with leadership, you ask?  (After all, that’s what this blog is supposed to be about.)  Here’s where I’m coming from.

There was an interesting article in the Wall Street Journal yesterday about how Starbucks is starting a company-wide program to implement the concepts of lean manufacturing to raise the efficiency and productivity of its stores. In a tight economy, it’s understandable why Starbucks or any organization would focus on controlling its costs.

Attitudes have changed for the better in many offices, where the fear of layoffs still runs high. But what happens when employees become so busy kissing up to the boss that they stop pulling their weight at work? How are you supposed to deal with a kiss-up, do-nothing co-worker?

If you’ve ever wanted to be the next Arianna Huffington, your dream has never been more within reach. “This is the perfect venue to share your expertise and elevate your visibility to a whole new level,” says Scott Ginsberg, author of Stick Yourself Out There. Follow these steps for blogging brilliance:

Why is “small” big? Small companies can better win the trust and confidence of recession-weary customers. No matter what the size of your company, here’s how you can imitate what small companies do well:

This month's collection of real-world quick tips from American business leaders, brought to you by members of The Alternative Board.

In this troubled economy, it’s especially important to ensure your team remains competitive. An audit can help you determine if you are operating at peak productivity. Begin by asking your employees two questions:

New terms for business start-ups have sprung up a world away from the cash-burning dot-coms of yesteryear. “Ramen profitable” is one, “LILO” (a little in, a lot out) another. They refer to new ventures that run on no more than the founder’s living expenses. Working best right now, venture capitalists say, are concepts that either make customers money or save them money.

When fans of natural cosmetics maker Burt’s Bees learned the company was selling itself to Clorox, a buzz of protest followed, as customers complained the bleach maker was not environmentally friendly. In response, CEO John Replogle went blogging ...

As an employer, you’ve probably learned to ignore apparent disabilities because you could end up violating the ADA if you inquire about disabilities. That doesn’t mean, however, that you’ll run afoul of the law if you do something as simple as offering assistance to an applicant who is having trouble navigating stairs or getting on the elevator.

More than 33 million Americans now work remotely at least one day per month, according to the “Telework Trendlines 2009” survey report. Still, most managers have been trained to work with employees who are only physically present to them. How can you manage what you can’t see? Here are some tips:

Wear your heart on your sleeve: Emphasize with customers’ deep-seated concerns by moving from passion to compassion in marketing ... Educate managers with faster, more specific training: The trend is to pick up tailored programs offered by consultancies ... Move beyond traditional risk-management to lead your company through faster times.

Florida employees are protected from retaliation for whistle-blowing, but courts have been limiting what they consider to be blowing the whistle. For example, in one recent case, a court concluded that a co-worker’s attempts to report a fellow pharmacy worker’s lax prescription practices was not whistle-blowing.

You probably know that employers can and are sometimes held liable if their employees harm customers. That’s especially true if they knew or should have known that the employee might be dangerous. But your potential liability—if you negligently hired an employee in the first place—doesn’t go on indefinitely.

This month's collection of real-world quick tips from American business leaders, brought to you by members of The Alternative Board.

These common slips-ups were formulated for salespeople, but they apply equally well to CEOs and other executives. For starters: Not seeing the world through your customers’ eyes—that’s most of the game right there ...

New bosses are popping up lately, as more offices streamline staff. If that’s the case in your office, cast yourself in the best possible light—quickly. Follow this advice from executive recruiter Jay Gaines and executive coach Licia Hahn.

Jack Stack led an employee buyout of International Harvester’s remanufacturing division in 1982 and grew the company to 22 subsidiaries and sales of $150 million by 2000. He laid out his ideas in The Great Game of Business and A Stake in the Outcome, his manifestos for open-book management. Today we would call his career a drive for financial transparency.

If you operate a business that is open to the general public, you’re legally obligated to make the premises accessible to disabled people. Similarly, you might update the facilities for disabled employees in your office. At least you can salvage some tax benefits when you modify the building: Build your renovation plans around the “disabled access credit.”

Odds are that many forms of social media, such as Facebook and Twitter, are already thriving in your workplace. As an employer, it’s best to make a conscious decision about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.

When dashing off your next memo, report or e-mail, cut right to the core points. HR directors from half of the 120 major American corporations polled in a recent study said they consider writing ability when making promotions. "You can't move up without writing skills," one HR director said.

Researchers from the University of Minnesota and Ohio State recently conducted a study to determine whether local laws requiring complete or partial smoking bans in bars and restaurants drive away customers, causing workers to lose their jobs. Bar and restaurant owners, who generally oppose smoking bans, have long argued that’s exactly what happens. The verdict?

You don’t have to tolerate foul language ... Customer gripe caused firing? Get it in writing ... Ledbetter Act already spurring more pay cases ... Track when you notify worker of firing ... No signature? Settlement may still be binding.

Q. I own a construction company. We require all employees to wear a company shirt. If an employee does not wear a company shirt, he or she is assessed a $25 per day penalty, which is deducted from the next paycheck. Is this penalty legal?

Sometimes, employees claim protection from religious discrimination based on very unconventional beliefs. No matter how unusual, employers must reasonably accommodate those beliefs unless doing so causes an undue hardship. Employers should be prepared to show why it would be a hardship before terminating the employee.

Cursing has become fairly common in some workplaces, and sometimes it’s shocking what employees say to each other. That doesn’t mean, however, that you have to tolerate it—especially if it affects customers or clients.

Q. One of our financial managers has filed for bankruptcy, and our directors now want to terminate him because they doubt his financial judgment. They’re also worried that customers will react negatively to the news that one of our finance people is going bankrupt. Can we lawfully discharge him?

Question: “I manage the gift shop at a beautiful, historic winery. Although this is a wonderful place to work, we do encounter customers with a variety of challenging personalities. I have several employees who complain about how stupid customers are and what dumb questions they ask. Since we don't work in a bubble, I'm sure customers sometimes overhear these comments. I’ve tried asking everyone to be more positive, but negativity spreads like a disease. How do I stop this catty chatter?” — Frustrated in Wisconsin

With competition for customers and clients keener than ever, your product related presentations can make or break sales. Close the deal by sharpening your pitch with the methods of Apple Computer co-founder Steve Jobs, a widely acknowledged master of presentations.

When John Akers ran IBM in early 1989, he began a campaign to focus on customers. To emphasize that goal, he invited Donald Keough, a client and president of Coca-Cola, to speak at an IBM meeting. Embarrassingly, when pictures about IBM were presented, one slide showed senior executives with a bottle of Pepsi ...

Q. I am very concerned about the H1N1 flu outbreak, especially if it flares up again this fall. Are there are steps I should take to prepare my business if an employee contracts the illness?

The only way to be a great leader is to establish trusting relationships and ensure that your words carry some weight. “You can’t lead if you don’t have trust,” says Steelcase CEO Jim Hackett ...

When it comes to whom you employ, pay no attention to your customers’ preferences if they lead you to make illegal decisions. Simply put, employers can’t consider what race or ethnicity their customers or clients would prefer when making hiring decisions. That would be discrimination.

This month's collection of real-world quick tips from American business leaders, brought to you by members of The Alternative Board.

When hiring a new leader for your team, it’s essential to interview his or her direct reports so you can smoke out any nasty surprises. People learn what they want in a leader by finding out what they don’t want. If you encounter any of these responses, probe around:

Given the economic crisis, do a quick audit of the financial people working for you to see who are best equipped to operate in a pressure-cooker. Consider their disposition toward others and their ability to lead, not just their proficiency with spreadsheets.

Macy’s CEO Terry J. Lundgren knows it’s valuable to see your business the way your customers do. So he spends time each week walking Macy’s floors as a customer would. The experience allows him to get a feel for the shopping experience in a particular store and to take any issues or concerns back to management.

Everyone talks about getting good customers to give you a referral, but few businesses actually pursue them. Earning referral business can be a fantastic way to grow your business. The best part: All of the calls are warm leads. Here's a step-by-step plan for asking for (and reeling in) those referrals.

Steve Steinhilber, vice president of strategic alliances for Cisco, says that half of all strategic alliances fail. So why has he made a career of them? Because customers expect products that are well integrated, but you need to focus on what you do best. Here are nine ways to think about and plan alliances.

Backing up the phone list stored on your cell phone (or your boss's) doesn’t have to cost a fortune or even require much of an effort. Most carriers have cheap or free plans available for current phones. Here’s a recent rundown on how each plan works.

If you’re still grumbling about joining Facebook, LinkedIn or Twitter, know this: Social networks are good for business. “It’s very well documented that businesses that focus on marketing during tough financial times can actually improve,” says Karen Quintos, a vice president at Dell.

Boost productivity by “plotting” the items on your to-do list ... Organize a boss’s overflowing e-mail box by setting up inbox folders ... Manage team conflict with this tactic ... Take a breather every hour, for peak productivity ...

Online shoe retailer Zappos has gotten a lot of attention lately for its knockout customer service. But Tony Hsieh, founder of the billion-dollar company, says his secret of success is really about his employees. “Our belief is that if you get the company culture right, most of the other stuff, like great customer service, will just happen,” he says.

What difference does empathy make in business? The answer is most visible in the tales of two major product launches from the same company: the Xbox and Zune from Microsoft. What led Microsoft teams to deliver a great performance in one case and a dud in the other?

Baseball, America's favorite pastime, may also be a way to hone your business skills this summer. If your company has its own baseball team, cycling club or any other sport, consider signing on. It could do more than tone your muscles.

Your boss asked you to prepare a spreadsheet for a meeting the next day. It took a couple of hours and some shuffling of priorities, but you did it. When you arrive at the meeting, though, your boss handed you a spreadsheet that someone else created. Should you tell your boss how frustrated you are?

Take steps to ensure that you knock this year’s performance review out of the park. Normally, says workplace expert and former HR executive Liz Ryan, only a small percentage of employees invest time in preparing. “But in 2009, performance reviews will matter—a lot,” Ryan says.

Trust your people’s instincts to avoid hamstringing them ... Tap new ideas with a “hack day,” where you allow customers to help you innovate ... Get more from people by clarifying expectations ... Rely on your team when times are tough, rather than calling the shots and executing all the plays yourself.

Q. We are hearing rumors that one of our employees may be setting up a new business in the same industry in which we operate. That employee has not signed a noncompete agreement. If he is starting up such a business, is that illegal even without a noncompete?

Recently, we addressed the risks involved in misclassifying employees as independent contractors and explored the three federal tests for getting it right. Be aware that Florida has own laws for determining whether a worker is an employee or an independent contractor. Along with the federal standards, you need to be familiar with the Florida tests.

For several years, California courts have confused employers whose employees receive tips from customers. The question: What sort of tip pools can employers mandate? Iit wasn’t clear whether bartenders and others who don’t directly approach diners could share in the tips. Now, the answer is in from the Court of Appeal of California.

Q. We run a carry-out/catering kitchen. Can we legally tell all our employees and customers that they can’t smoke on the property?

Seeking radical change in your organization? Be revolutionary. While managers believe in distributing information, rebels realize that emotions of pride and anger can move a group of people forward.

Religious accommodation went up against business necessity recently when the "Three Faces of Eve" butted heads with an employer in court. Find out how many winners there were.

Everybody knows iconic individuals who have branded themselves: national domestic advisor Martha Stewart, for example, and real estate hotshot Donald Trump. Lower lights do it, too, and we can learn from them.

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Responding to these challenges requires tact, sensitivity and flexibility. Mistakes can mean not only hurt feelings but also potential legal liability problems. The key is balance ...

Swine flu is casting a shadow of concern over public transportation agencies as health departments prepare people for the risk of a pandemic. So far, health officials in the United States are saying public transportation still is safe for travelers. The lingering question: How long can public transportation agencies continue to lay claim to operating disease-free transit systems?

The last time Chrysler found itself in deep peril, in the mid-1980s, Lee Iacocca hired turnaround artist Steve Miller to jump-start the company. Miller recounts meeting a Japanese-American, Reiko McKendry, who wanted to help defuse anti-Japanese sentiment in America and make Chrysler competitive again ...

Try these practical, workplace-proven compensation and benefits tips to recognize employees and save time and money.

Business consultant Gayle Lantz wants the rest of your year to be bullish. For starters, remember that the downturn won’t last. Remind your employees that in business, as in life, it has never made sense to follow the herd, whether it’s doom-and-gloom thinking or “irrational exuberance.”

Whether you're dining with peers at a convention or meeting with a vendor, lunch etiquette can keep you from marring your image with a faux pas. Here are five etiquette rules for business meals ...

We are a trade association and are trying to use our website to do more with our customers online.  One of the areas that we struggle with is trying to determine who is coming to our website and where they go once they arrive.  Is there an application that provides this type of information that is easy to use and affordable?   - Mark S. 

Miramar-based low-cost carrier Spirit Airlines has run into opposition from flight attendants over a change to their uniforms. The aprons the flight attendants wear while serving customers include logos promoting alcoholic beverage brands.

Q. My company requires new employees to sign a two-year noncompete agreement. Are such agreements enforceable?

Whatever you do, don’t cancel a meeting because of a tightened budget. Employees and customers need to see the leadership team standing in front of them, sending a “we’re in this together” message.

The Fair Credit Reporting Act regulates how your company performs a job background check on applicants. Contrary to popular belief, this federal law doesn’t just cover credit checks. It covers any background report, such as driving records and criminal histories obtained from a “consumer reporting agency.”

Pick up know-how swiftly by swapping spots with someone. Here are two ways to do it, stolen from two company playbooks.

As the economy heads south, many of your employees have probably considered—or already found—second jobs to supplement their incomes. Most of the time, moonlighting poses no conflict with your organization’s work. But an employee’s second job could lower productivity and morale. It could create liability for you.

Trying to build a business in these perilous times? You can generate free publicity even without fancy public relations. Follow these tips:

If you’re the office Eeyore who says, “We tried that before and it didn’t work,” highlighting the negatives isn’t likely to get you noticed—at least, not in a good way. Instead of pointing out the downside, try using these tactics.

There’s a widespread understanding of the grave impact domestic violence has on personal lives and the havoc it wreaks on families and communities. Now more attention is being paid to its effect at work. Sometimes, incidents of domestic violence actually happen in the workplace. But the impact goes far beyond immediate safety concerns.

Q. Is it OK for our company to prohibit employees from speaking in languages other than English in front of our customers?

The economy is in trouble. But good marketing can still lure plenty of qualified buyers. It’s just harder to close the deal. A “shared risk” offer can warm up those with cold feet.

In the current economic climate, it’s a good idea for your company to save money for a rainy day. But you can run into serious tax trouble if you hoard too much cash in the corporate cupboard. Strategy: Stay within the prescribed tax-law limits. Otherwise, your company could be socked with the “accumulated earnings tax.”

Driving visitors to your company’s web site and coaxing them to provide contact information is a great way to generate sales leads. However, only 4% to 8% of people who click to a web site leave their personal information. To convert those web surfers into customers, consider these four surefire tips from FuelNet.

Martyn Lewis, founder, president, and CEO of Market-Partners and author of Sales Wise: A Journey through Sales and Selling, shares these myths about sales — and the realities behind what creates truly effective sales lead generation:

Q. I have an employee who has a substantial daily commute—75 miles each way. Do I have to compensate the employee for time spent traveling to and from work?

America’s foremost business philosopher, Jim Rohn, says the biggest mistake people make is thinking they work for someone else, rather than themselves. When you pretend that you work for yourself, you’re more apt to take initiative. Here's why.

James Andrews is a stealth force in sports, making (or saving) teams billions by mending their players, including 62 Hall of Famers. Aside from his skills as an orthopedic surgeon, Andrews has made his own fortune by pressing an extreme form of customer service.

Employers are responsible for the way their employees behave. Threatening behavior toward fellow employees or customers that causes emotional or physical harm can lead to a negligent-supervision lawsuit.

Employees who are fired after breaking work rules often allege that they were targeted because of some protected characteristic like gender, age, race or ethnicity. The best way to counter such claims is to know beforehand whether your organization is being tougher on some employees who belong to a protected class while letting others slide.

The 5th Circuit Court of Appeals, whose decisions cover Texas employers, tends toward conservative rulings. It recently rejected a case that could have opened up the litigation floodgates for companies that have pending unfair labor practice charges.

An analysis of the biggest business failures of the past quarter century, conducted by two consultants, reveals that nearly half of them could have been avoided. In most cases, the culprit was flawed strategy, not inept execution, which usually gets the blame.

You may not realize it, but many small business owners adopt war principles to lead their companies to higher profits. Think about it:

When it’s time to reinvigorate your company, what do you do? Whose ideas do you listen to? How do you know whether your customers will stick with you through change? Starbucks CEO Howard Schultz is in the process of using customers’ advice to update his recently battered brand ...

If you are trying to convince potential customers that they need your product, you’re on the wrong track. The old rules say that you should control your resources. The new rules say just the opposite, says Rob Slee, author of Midas Managers: How Every Business They Touch Turns to Gold.

Most organizations stick to traditional management approaches, largely because they don’t trust employees with control. But studies consistently show that employees who set their own goals work harder to accomplish them and are happier with their jobs. Here are some practical tips for empowering your employees.

HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities who can perform a job's essential functions with or without reasonable accommodation. All employers that have 15 or more employees must comply with the law ...

If your business depends on solid client relationships, now is the time to safeguard those relationships with a restrictive covenant that prevents employees from jumping ship and taking customers with them.

In four years, the Gainesville Health and Fitness Center became the first and only health club to receive the top honor awarded by the Wellness Council of America. Plus, the club retains 77% of new members, compared to the industry average of 60%. Here's how Joe Cirulli did it.

Take this simple test to see whether what you’re telling your people about the economy is way over the top — adapted from “How to Tell If Your CEO Is Clueless.”

These days, most small businesses rely—either somewhat or heavily—on software applications. According to a new report by PC World magazine, here are 15 of the best free and low-cost software tools for powering any small or midsize business.

We think the economic downtown will yield a silver lining: better customer service. Here’s a case in point out of Microsoft a few years back. ...

Jeffrey Immelt, chairman and CEO of General Electric, says his favorite failure was a product called Nuvel, a countertop material. If you dropped a coin on it, he says, it would leave a mark that required sandpaper to remove. What did Immelt do once he recognized his company’s blunder with Nuvel?

Faced with rising costs, Quality Environmental Professionals Inc. scrambled to find ways to cut costs without laying off staff. But when the CEO tried to cut into the doughnut budget, employees balked. Employees offered to work an extra hour or two each week to ensure the continued flow of doughnuts ...

Don’t be shy about restricting employees from stealing customers when they leave. Your best bet is to include specific language and examples of the sort of solicitation you want to ban.

The Minnesota Governor’s Council on Developmental Disabilities has recognized 11 companies for their innovative approaches to employing developmentally disabled workers. Award recipients include three grocery stores: Coborn’s in Buffalo, Byerly’s in Golden Valley and Culver’s in Stillwater.

Thanks to flashy tools, you can compose and distribute business slide shows online in novel ways. You may have heard about Google’s web-based presentation tool, where several collaborators can work on a slide deck simultaneously in real time. Here are other ways to give your bullet points added impact.

Apple Chief Executive Steve Jobs announced this week that he'll take a leave of absence until the end of June for health reasons. The news raised serious questions about the company's succession plan -- and provided a good lesson for your organization ...

If you’ve ever visited YouTube.com, you may have clicked on videos showing an assortment of office meltdowns. Laptops get smashed, desks are overturned. While some of these are funny to watch, each one probably made you think, “Man, I hope nothing like that ever happens at our office.” Sad to say, it could ...

Even in a good economy, about one-third of new small businesses don’t survive the first year. The No. 1 reason: poor financial management, which is often preventable. So how can a business survive in a bad economy? Smart cash-flow management is vital.

What does it take to land on one of those “best places to work” lists? According to Randstad’s World of Work survey for 2008, here are the top three traits of the ideal company.

Train new employees for four weeks, then offer them $1,000 to quit? Sounds like a crazy way to run a business. The bribe is one way online shoe retailer Zappos ensures that its employees have the commitment and energy needed to make this customer-obsessed organization succeed.

Only one in 10 workers looks forward to work, and most say the lack of leadership is why, according to a Maritz Research survey last year. That doesn’t have to happen. Here are seven ways to get across your vision, values and mission.

Cost-cutting is the name of the game during tough economic times. One of the best cost-cutting strategies is to reduce waste—it frees up cash and generates measurable environmental benefits. Here are several paper-saving strategies that will make you look like the office hero.

False urgency equals busyness: It’s stressful, exhausting and unproductive. True urgency feels powerful: It’s relentless, steady and purposeful. To sort out the truly urgent from mere distractions and get on with it, John Kotter offers four practical suggestions.

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Q. Several female employees have reported that a male supervisor with one of our clients sends them strange e-mails. They are vaguely sexual and implore our employees to quit and to join his employer. The women think the sender is weird and have told him to stop, but he continues to send them messages. Is this a problem for my business?

Money is great. Benefits are nice. But there’s one key thing that keeps good employees from walking away: knowing that management appreciates them and their work. Here are 12 low-cost ways that your organization can show gratitude to your employees all year ...

Here are the key tax-filing deadlines for 2009. Keep this tax calendar handy for reference throughout the year.

A four-day reunion for all past employees of Cedar Point, the country’s second-oldest amusement park, drew about 1,000 alums and their families over Labor Day weekend.

Start with the idea that you can change the world. Think about what inspires you, says consultant Alan Gregerman. Flex your curiosity. Now get ready to turn your curiosity into action ...

Vision can be tough to come by. You need to know where you’ve come from, whom you admire and what you value. What matters most and what are you determined to accomplish? Meet these criteria and you’re there.

Q. Recently, an employee left our company to join a competitor. When we took a look at his computer, we found deleted e-mails and files indicating he downloaded some valuable information about our customers. We suspect he transferred it to our competitor. He was an at-will employee and we had no employment agreement with him. Is there anything we can do about this?

If you hire a security company to help keep your workplace safe for customers and employees, make sure your supervisors don’t wind up providing specific direction to the guards the company assigns to your company. If you and your staff resist the temptation to control their every move and give them just general instructions, the security company and its guards remain independent contractors. That’s important for liability reasons.

Due to the wide variety of organizations located in the Washington DC area, we have an opportunity to review and test a number of products each year in search of solutions for our customers’ unique business requirements.One resource we often consult is Computer Reseller News (CRN). 

Even when the economy hits the skids, it doesn’t mean everyone has stopped buying. People still need products and services; the challenge is attracting them to your doorstep. To help goose your sales before year-end, go back to some of these traditional tactics.

Texas has a large number of Spanish-speaking residents, and a workforce that can effectively communicate with those residents can be a prized commodity. But before you thrust additional work on Hispanic employees who can communicate with customers who don’t speak English well, consider the following case ...

The ADA requires employers to provide disabled employees with reasonable accommodations if those accommodations allow disabled employees to perform the essential functions of their jobs. Flat-out ignoring an accommodation request is the absolutely wrong thing to do. Instead, carefully consider every request ...

Combat stifling bureaucracy by coaching or removing indecisive managers, advises Ram Charan, co-author of Execution. “You know who they are,” he tells BusinessWeek ...

Some disabilities get worse with time. An accommodation that allows an employee to perform the essential functions of her job today may not work as well in six months or a year. That’s why it’s important for HR to stay on top of the employee’s disabling medical conditions ...

Minnesota employees are protected from retaliation for reporting possible illegal activities to their employers under the Minnesota Whistleblower Act ...

If you’re contemplating a layoff, you’ve no doubt given some thought to which employees you want to let go—and which ones you absolutely must retain. But know this: Every time an organization lays off even a few employees, voluntary turnover jumps in response ...

Front-line managers are often dropped into management roles without knowing how to manage people or where to turn for advice. Yet, these are the people tasked with making customers and employees happy, and carrying out the organization's mission ...

Macy’s has rescinded a manager’s ad hoc English-only rule after six employees at the company’s Southdale Mall store in Edina complained to the Council on American-Islamic Relations (CAIR) of Minnesota. The workers said a manager allegedly threatened to fire them if they spoke “even one word” of Somali on the job ...

Title VII prohibits employers with 15 or more employees from religious discrimination. It outlaws treating employees or applicants differently based on their religion in any aspect of employment, including hiring, firing, promotions, discipline and pay. To help employers comply with the law, the EEOC issued new, specific guidelines in 2008.

It takes more than having a written policy to avoid liability for sexual harassment. If you back up your policy with regular training and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action ...

The ADA requires employers to accommodate the disabilities of their employees and customers. We thought we’d heard about every kind of potential disability—until this one ...

Keeping in touch with clients—especially VIPs—requires more than the occasional Hallmark card. That’s why many businesses use custom cards as marketing tools.

December is the time for holiday parties. If you throw an employee bash that involves alcohol, make sure no one is on the clock or has to work on behalf of the organization. Better yet, don’t provide alcohol.

Attorney General Tom Corbett is investigating more than 135 Pennsylvania residents who allegedly bought diplomas from a business in Spokane, Wash., that sold high school diplomas and college degrees under the name Saint Regis University ...

Is fear of real or perceived risk keeping your customers from committing?  If so, spend some time brainstorming about shared-risk offers that could turn your sale from cold … to gold.

No matter how careful employers are, they still can be sued. Recognizing the risk, more employers are choosing to protect themselves with employment practices liability insurance (EPLI), which covers your organization if it’s hit with an employment lawsuit. But it’s important to know which coverage is right for you ...

You’d never discuss how much money you make, right? Dude, that attitude is so 20th century! The 20-somethings you work with eagerly dish about salaries, bonuses and other work topics you might consider taboo. Managers tempted to forbid such talk? Don’t let them! Here's why.

The fourth quarter is here, and if your company’s sales reps are behind on their numbers, it’s make-or-break time. Luckily, it’s not too late to turn things around. To win the sales revenue game, business owners must respond “like football coaches whose teams are behind at the start of the fourth quarter,” says George Ludwig ...

To make customers feel practically giddy about your company, begin by serving employees. That’s the philosophy of Colleen Barrett, president of Southwest Airlines, a company whose feel-good approach to customer service is legendary.

Has this rollercoaster economy got your customers holding onto their money tighter than ever?  A simple, common-sense marketing approach can calm the ride and help them let go.

Conflict happens in all corners of the workplace. But if issues aren't settled, bad things can happen: Good people quit, morale can plummet and, sometimes, violence can erupt. But you don't need to become a certified mediator to settle disputes. Here are nine tips for understanding human behavior and resolving conflicts with co-workers, employees and even customers.

Employers and HR professionals should make it their policy never to hire a candidate without a comprehensive background check. But, they also must comply with the Fair Credit Reporting Act (FCRA), which regulates how employers perform employment background checks on job applicants. Contrary to popular belief, this federal law doesn’t cover just credit checks.

Even if your HR department has only two or three employees, it can still incorporate some of the best approaches to HR management used in the country’s top HR departments. “You don’t have to be well-funded to focus on what’s good for your employees or the right thing for your business,” says Charles Tharp, co-director of the HR management department at Rutgers University ...

File this one under “no good deed goes unpunished.” Michigan grocery clerk John Schultz says he lost his job after trying to thwart the getaway of an alleged shoplifter. The firing offense? Touching a customer ...

On Jan. 1, 2008, Arizona’s tough anti-immigration law takes effect and the state’s employers are worried. Businesses that are caught employing undocumented workers face the suspension or loss of their business license. And employers in other states are worrying about the spread of such laws to their states.

The hard-driving, ruthless boss may fit the stereotype of today’s most successful corporate executive. But the most effective workplace leaders are honest, caring  and flexible. Six profiles show the full spectrum of supervisory skill—as rated by employees.

Duke Energy Corp. has reached a private settlement with John Deeds, a former employee who claimed he was fired in retaliation for questioning millions of dollars in payments that he considered kickbacks to corporate clients ...

Do criminal background checks lead to bias? The EEOC will have to weigh that question when it investigates discrimination charges filed against Madison Square Garden by Charlene Clarke. Clarke, a black woman from the Bronx, accepted a food worker position at The Garden in September 2007. One month later, the arena withdrew its offer after Clarke’s background check revealed a misdemeanor assault charge ...

Ask customers what they don’t want when conducting a survey.

Question: “My boss hired his ‘good friend’ as a top-level manager. This woman has no qualifications for the job, and she’s making costly mistakes.  She also pawns her work off on others and treats everyone rudely. We’ve tried talking to the boss about this woman’s inexperience and offensive behavior, but he refuses to listen.  Some long-term employees are considering leaving.  How can we explain this without putting our jobs on the line? This woman’s behavior has had a major impact on our work and may do long-term damage to the company.” -- Afraid to Speak Up

Q. Some of our employees are teenagers who work part time while they go to school. Often, this is their first job. Some of them don’t seem to understand proper behavior in the work environment. They usually are OK with customers, but when they are interacting with each other, they give each other a hard time. Verbal put-downs and even physical acts are common. Does this create any potential problems? ...

Terminating an employee is probably the hardest thing an HR professional has to do—and the most legally dangerous. To handle terminations well, you need to keep calm, communicate your message without escalating the tension and stick to a plan. Here’s a 10-step course of action ...

HR Law 101: To ensure you’re in compliance with the FLSA, it’s important to understand the definition of “hours of work.” Any hour when an employee’s on duty is considered time worked. The only period usually excluded: when an employee uses the time for personal reasons ...

 The male Internet manager at Belle Glade Chevrolet-Cadillac-Buick-Pontiac-Oldsmobile Inc. and Plattner Auto Group is suing the company over sexual harassment by a male co-worker who eventually became his supervisor ...

Three teenage students suspended for calling a teacher a pedophile on the social networking site Facebook.com have settled their lawsuits with the Three Rivers School District in Cincinnati ...

Basing hiring decisions on the prejudices of your customer base is a sure way to land in court. Hiring managers can’t try to push off their bias onto a third party using excuses like “Our customers feel more comfortable dealing with [male or younger or white] employees.” That just won’t fly in court...

In day-to-day business, companies have every right to demand that employees follow the chain of command. They can require workers who have complaints about work processes or disagreements with co-workers to take up their issues with supervisors, and not go over bosses’ heads. If employees defy those rules, that can be insubordination—and it can justify termination ...

Georgia employees are generally free to compete against their former employers, solicit their customers and employees, and even use or disclose any confidential information that can’t be classified as a “trade secret.” This can be disastrous for employers. But there’s some good news for employers ...

The California Supreme Court has ruled that unions and their supporters generally are free to urge customers shopping in private malls to boycott retailers at that mall. The ruling builds on earlier decisions that held that free-speech rights granted to California citizens in the state constitution are broader than those in the U.S. Constitution ...

On-the-job racism in America is a growing problem more than 40 years after the Civil Rights Act made employment discrimination illegal. That's why the EEOC has launched a new education and enforcement initiative called E-RACE (Eradicating Racism and Colorism from Employment.).

Some retail and service establishments strive to create an authentic experience for their customers. That may mean they seek out employees who can best create that experience. That “cultural authenticity” may be a bona fide occupational qualification, and rejecting applicants who don’t fit the mold may be legal. But don't go overboard and eliminate everyone who doesn't look or act authentic ...

What seems like a joke to members of the majority can be deeply hurtful to members of a minority. These days, that’s a particular issue in areas with a large concentration of people of Middle Eastern heritage—such as Michigan. As the “war on terror” shows no signs of abating, it makes sense to remind managers and supervisors to stay away from any comments on ethnicity ...

Q. Our hiring process involves conducting background and reference checks. If an employee has a felony conviction within the past seven years, we automatically refuse employment. Any reason we should change our policy? ...

Few HR dilemmas are as sticky as dealing with an employee accused of stealing from the company. Here's how to handle the situation with care, making sure your organization doesn't overstep its bounds and expose itself to liability.

File this one under “no good deed goes unpunished.” Michigan grocery clerk John Schultz says he lost his job after trying to thwart the getaway of an alleged shoplifter. The firing offense? Touching a customer ...

Employers can’t discipline employees for filing discrimination claims with state or federal agencies. That’s retaliation. But what if an employee is spouting off to co-workers and customers about how he’s suing to “get” the company? ...

Over the past two years, the U.S. Labor Department has been issuing “opinion letters” fairly frequently, interpreting its own new overtime regulations and addressing specific questions posed by employers. But not every court will agree with the Labor Department’s opinion ...

Jane Roberti worked as a loan officer for Allentown’s Becker Subaru. Her live-in boyfriend, Mark Wynne, also worked there as a salesman. Roberti’s responsibilities included funneling Internet sales leads to the salespeople. When employees began to complain that Roberti routed the best leads to Wynne, management counseled both to keep their personal and professional lives separate ...

In the age of e-mail, instant messaging and other written but ephemeral forms of communication, it’s easy to be caught off guard when an employee claims sexual harassment via the company computers. If an employee says she’s received hundreds of sexually explicit e-mails from co-workers or others associated with the company, could you prove her wrong? ...

Unions should think twice before inflating menacing rat balloons in New Jersey. The inflatable rat, long known as a symbol of protest against nonunion labor, has received a serious blow from New Jersey courts. In two recent cases, courts concluded rat balloons are not always protected speech under the First Amendment, nor are municipal ordinances banning sign balloons preempted by the National Labor Relations Act ...

Q. I've always heard that Georgia does not require that background checks be conducted on employees, except for certain types of employees who work with children or the elderly. Our new HR director believes that background checks are required for other employees as well. Who’s right? — W.P. ...

Q. We have a reciprocal agreement with another company in a related field. If they furnish “qualified leads” to us and we reward them, are the payments treated as business gifts?

William Sullivan, senior database administrator for Certegy Check Services of St. Petersburg, has pleaded guilty to conspiracy and fraud in connection with the theft of confidential data on more than 8.4 million customers over a five-year period ...

Complaints from employees, customers and competitors are nothing new in the business world. Until recently, if complaints crossed the line from mere opinions to false statements—that is, downright lies—companies could threaten a defamation lawsuit. Often, the mere threat of litigation will cause a disgruntled critic to back off. Today, however, companies face a more insidious and growing problem: Internet libel, commonly known as “cyber-slander.”

Some things are better left unsaid. That’s especially true when it comes to telling customers and others outside the company why someone was fired—especially if the reason involves dishonesty. Spilling the beans can lead to a slander lawsuit, which can cost your organization time and money even if you ultimately win ...

A recent survey found that potent scents ranked #4 on the list of employees’ workplace pet peeves. Yet for some who suffer from multiple chemical sensitivity, strong odors aren’t just an annoyance—they’re a real health concern. Is it serious enough to warrant ADA accommodation?

You may think that the New Jersey Law Against Discrimination (NJLAD) applies only to your role as an employer. You would be wrong. In fact, the NJLAD may affect other aspects of your organization’s business activities. As the following case shows, even refusing to do business with another company can lead to discrimination litigation ...

Employees who quit in frustration when their harassment complaints go unheeded can sue, claiming they were “constructively discharged” because conditions were unbearable. That’s why it’s crucial for the HR office to respond to each and every complaint. Doing so can head off a surprise lawsuit ...

Q. Are there any legal issues regarding employee gift-giving during the holidays? What about giving or getting gifts from vendors? ...

Your organization’s employee handbook exists for a reason. It serves as a simple and effective way to let employees know what the rules are and what you expect in the way of behavior. If you can show that employees received copies of the handbook and were expected to be familiar with its contents, you have a good shot at defeating any discriminatory discharge claims if you disciplined according to the rules set out in the handbook ...

No, that’s not a typo. As a result of Michigan’s new business tax, retailers are paying taxes on the 6% sales tax they collect from customers. Under the Michigan Business Tax (MBT) enacted in June, sales taxes must be counted along with sales under gross receipts, which are then subject to a gross receipts tax ...

Increasingly, courts hearing discrimination cases order employers to turn over e-mails and text messages. These communications may include correspondence employees may have sent or received from clients and customers. One reason is that federal court rules on electronic discovery now require employers to retain vast amounts of information for use in litigation ...

Dancers at Scores, a nationwide chain of strip clubs, have filed a back-wage lawsuit over unpaid overtime, underpaid wages and the club’s practice of skimming 10% of their tips. The lawsuit was filed by a former employee of the chain’s northern New Jersey location, but seeks to represent more than 100 Scores employees ...

When an employee alleges wrongdoing, you’ll need to conduct a thorough internal investigation. That may mean interviewing employees, supervisors and even customers. But be careful how much information you share with those you interview. If you indiscriminately discuss the comments of others who were interviewed, it may constitute defamation. Texas law only protects communications made in the course of a wrongdoing investigation if disclosure is limited to people who have a legitimate reason to know ...

Whether an employer is liable for workplace harassment under Title VII of the Civil Rights Act or state law oftentimes turns on the status of the harasser. If the employee’s supervisor is the harasser, liability for adverse action harassment is automatic. If, however, the harasser is a fellow employee or a supervisor other than the employee’s, the employee must show that the employer knew or should have known about the harassing behavior ...

Southwest Airlines, headquartered in Dallas, apologized to a male passenger who was forced to change his shirt by an airline employee at the Port Columbus International Airport. The passenger’s shirt referred to a fishing shop called “Master Baiter” ...

Issue: Employees too often see their base salary as their bottom-line compensation. Risk: Without a clear view of their total compensation package, employees become disillusioned and seek greener ...

As baby boomers age, more Americans say they expect to keep working longer than their parents did. That means more older job applicants—and more age-related lawsuits. Defend against this coming onslaught by taking extra care to document your disciplinary decisions to make sure age isn’t a factor ...

Although employers can’t guarantee a stress-free work environment, it makes sense to eliminate as much unpleasantness as possible. That means establishing and enforcing “no hazing” and “no public argument” rules. Urge supervisors and co-workers who act like bullies to clean up their acts ...

Employers are legally obligated to maintain a safe work environment. When employees commit violent acts against co-workers or customers, employers can be held responsible through negligent-hiring and supervision lawsuits. Each year, roughly 1,000 people are workplace homicide victims. And research shows that killings are five to seven times more likely to occur at workplaces where guns are allowed ...

Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why. A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity” ...

When a new position is created, HR professionals typically make a snap decision on a vital issue: whether the person filling it should be deemed exempt from the Fair Labor Standards Act—i.e., they’re not eligible for overtime pay—or whether they’re nonexempt—i.e., eligible for time-and-a-half overtime pay. In many cases, that’s the last time the exempt versus nonexempt decision is ever reviewed for that employee. Not smart ...

Employment lawyers have been warning for some time that blogs will one day be a volatile issue in the workplace. Recent events show that day has arrived. For example, a member of the Cherokee County, GA, Planning Commission provoked a firestorm of controversy after an online post she made advocated dismantling Israel to achieve peace in the Middle East. The outcry forced her to resign ...

An Illinois woman who suffers from Holt-Oram syndrome, a condition where the sufferer’s arms and hands are underdeveloped, sued McDonald’s after employees refused to allow her to pick up her drive-through ordered food with her feet ...

Wal-Mart employees have created “green” goals that help them save the environment at work and at home. More than 20,000 of the 1.3 million people who work for the country’s largest employer participate in the retailer’s voluntary Personal Sustainability Project. Employees designed the program to help them incorporate the principles of sustainability into their daily lives ...

Employers that want to limit the use of languages other than English in the workplace take note: Your language restrictions must be reasonable and based on genuine business needs. A simple company preference for English isn’t good enough ...

The Pregnancy Discrimination Act has important implications for how employers treat pregnant women during the hiring process and after, once they become employees. Here are the EEOC's answers to some of the most common questions employers face.

Employers can’t cater to every customer’s whim, but they can respond to complaints about employee behavior without worrying that a judge will second-guess their decision ...

Q. Can employers eavesdrop on their employees’ phone conversations at work, or listen to their voicemail messages in the company voicemail system? ...

Jewel Food Stores settled a sexual harassment lawsuit with four female employees for $200,000, but the meat department manager who spawned the suit has had a surprising shelf life ...

Many Indiana employers wisely use noncompete agreements to protect their legitimate business interests in their customer base and trade secrets. But will those agreements stand up in court? While some employers have successfully used noncompetes, others don’t believe they’re worth the paper they’re printed on. Depending on how the noncompete is drafted, either can be true ...

Religious discrimination can take many forms, including, apparently the forced singing of "Happy Birthday" to that embarrassed-looking guy sitting with his buddies in the booth by the window.

Q. I own a four-star restaurant in a large metropolitan area. Unfortunately, customers sometimes skip out on their checks. Can I deduct from the waitress’s salary the money owed by a fleeing customer? ...

Under California law, employees are entitled to overtime payments unless the law exempts them from protection. But It’s up to employers to justify each exemption they claim ...

If you don’t want to subject your organization to liability for a supervisor’s biased or discriminatory discipline recommendations, conduct at least a brief independent investigation ...

In a startling court order, a judge has required a company to tell its customers about a sexual-harassment verdict that cost it more than $2.3 million ...

How would you rate your orientation process for new managers and executives? Not good, if you're like most organizations. Poor orientations can cause high-dollar hires to leave or fail to become productive in the critical first months. Improve your orientations by taking the following steps ...

The Parish of Trinity Church of New York in lower Manhattan is not liable for the sexual assault of a church member by an employee, the New York Supreme Court, Appellate Division, has affirmed ...

About 70% of all hires at Findley, Ohio-based hiring firm Right Thing come highly recommended by the organization’s own employees. What gets employees talking to their friends about joining the firm? It’s the company’s laid-back atmosphere—with no formal managers or departments—and an employee profit-sharing plan that involves half the company profits ...

At Zeppe’s Pizzeria in Bedford Heights, Ohio, managers focus on experiential training, and lots of it. Franchisees receive a six-week course, but even hourly delivery drivers have up to four days’ training ...

Security National Bank & Trust (SNB) is responsible for a manager who literally kicked a customer out of the Medway branch office, the Ohio Court of Appeals has ruled ...

HR Law 101: Passage of the Fair Minimum Wage Act of 2007 marked the first boost to the federal minimum wage since 1997. In July 2007, the federal minimum wage increased from $5.15 to $5.85 per hour, with additional raises scheduled over the next two years: to $6.55 on July 24, 2008, and to $7.25 on July 24, 2009.

Does your organization have a blanket policy of refusing to hire applicants with criminal records? If so, make sure you can explain exactly why. Because minority applicants may be statistically more likely to have criminal records, requiring a clean criminal-record history may have a disparate impact on a protected class and violate Title VII ...

Philadelphia landmark Geno’s Steaks made headlines when it posted a sign that reads, “This is America. When ordering, please speak English” ... Although the Geno’s case deals with an attempt to apply an “English-only” rule to customers, it highlights a growing issue in U.S. workplaces ...

It’s almost never wise to comment on an employee’s religion or religious practices. But take heart in a new ruling that shows not all inappropriate comments will be deemed discrimination ...

Texas employees have 180 days after an alleged discriminatory act to file discrimination charges with the Texas Commission on Human Rights. So, you can get a charge tossed out if you can prove it was filed more than 180 days afterward. But what counts as a “discriminatory act”?...

If subjective criteria like attitude, leadership and being a team player are part of your organization’s employee evaluations, you’d be wise to keep detailed records of customer complaints ...

Last October, the Texas Supreme Court ruled employers may require new and existing employees to sign covenants not to compete, even if they are “at will” employees. As long as the employees get something in return for agreeing to the restrictions their employers want, the agreements are legal ...

Georgia’s labor code contains no overtime exemption for commission-paid employees, but the federal Fair Labor Standards Act does. Georgia employers largely follow the federal law because it's more stringent than state law. So employees who are paid on a commission basis are exempt from overtime laws, right?...

Have you worried about discharging an employee who just got an outstanding evaluation? It’s a legitimate concern, but don’t let it paralyze you ...

Do you have to tell your customers if you’re slapped with a sexual harassment verdict? You soon might have to. In a startling new court ruling, a judge in Illinois required a company to distribute a notice to its customers informing them of the $1 million sexual harassment verdict levied against it ...

You’d think the sight of customers paying retail prices with real green money would be a sight for a salesperson’s sore eyes. That apparently wasn’t the case at a Dillard’s department store in Kansas City, which is now facing a messy lawsuit after a saleswoman shunned a customer ...

Washington-based outdoor retailer REI helps its customers and its employees reach their personal outdoor goals. The company offers grants of up to $300 worth of REI gear and apparel to employees embarking on outdoor athletic challenges and outdoor conservation or service projects ...

A narrowly tailored English-only policy that is designed to serve legitimate business needs is not discriminatory, says the EEOC. To be valid, the policy should spell out when English is required and let employees converse in any other language at all other times ...

Make sure your hiring managers understand that basing hiring decisions on the prejudices of your customer base is a sure way to land in court. Applicants' race, age, sex or religion should always be irrelevant. Courts won't be swayed by claims that customer preferences forced your hiring hand ...

Too many employers think harassment is a problem only when it's an employee-on-employee thing. Recent court rulings prove that you can be held liable even when outsiders harass your employees. Taking action may cost you a customer, but courts say defending employees must come first ...

Web-based surveys let you collect employee feedback on everything from benefits to where to hold the holiday party. Online surveys are cheaper and easy to administer. Here are some of the best online survey sites ...

Your organization could lose critical knowledge if certain employees leave. Yet, top management often hesitates to address that risk. By taking steps to capture "at risk" information, you build a stronger organization ... and boost your own standing ...

The EEOC just revamped its guidance on racial and color discrimination in the workplace. These changes signal increased race-bias enforcement, plus more EEOC attention to "subtle" discrimination ...

Demand is rising for employees who speak multiple languages. But employers need to be cautious about hiring: Some apparently bilingual employees who look good on paper don't always pan out as promised in the language department ...

Do your employees make editorial comments about customer quirks in your internal files? Typically, it's not a problem. But a recent lawsuit shows the legal dangers of making potentially slanderous comments about customers in internal documents ...

Health insurers make a surprising number of errors on claims, which can drive up your organization's premiums and claims costs. Act now to identify money-wasting holes in your health plan with a full audit or a simpler checkup ...

In a recent EEOC race discrimination settlement, Cracker Barrel agreed to pay more than $2 million to 51 current and former employees because of supervisors' actions at three of its Illinois restaurants ...

The EEOC recently sent a powerful signal about its enforcement priorities when it published newly revised employer guidance on workplace race and color discrimination. The message: Employee complaints of race bias or color bias will be pushed to the top of the EEOC's inbox ...

Allowing employees to work from home can be a boon for employers trying to increase productivity and keep talented employees from leaving for more flexible jobs. But this flexibility can present an increased risk of fraud, theft and legal action if you keep personal information about employees or customers on your computer network ...

Working long hours doesn't make a sales staff successful; wisely allocating time does, says a new survey by global consulting firm Watson Wyatt ...

You carefully track all hours worked by nonexempt employees. But do you know how many hours your exempt employees work? That can become a problem if you misclassify an employee as exempt when the person should have been hourly ...

Employees have the legal right to work in a harassment-free environment, and employers must take corrective measures to end harassment when it comes to their attention. It doesn't matter that the harassment comes from customers or others the employer has no control over ...

Two consecutive years of explosive job growth in the executive employment market are creating hiring headaches for HR professionals across the country. According to a recent ExecuNet survey, two-thirds of corporate recruiters already believe that the supply of qualified executive talent falls short of the growing hiring demands of corporate America ...

A significant Texas Supreme Court decision handed down last month makes it easier for employers to write and enforce noncompete agreements in Texas. The ruling, ASM v. Johnson and Strunk & Associates, provides important protection for businesses that want to use noncompete agreements to limit unfair competition from former employees ...

The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 says businesses that negligently or purposely allow employees’ or customers’ personally identifiable data to fall into the wrong hands can face fines of up to $2,500 per infraction ...

Employees are not immune from layoffs simply because they’ve taken FMLA leave in the past (or are currently out on FMLA leave). But when analyzing performance to determine which employees to lay off, keep FMLA leave days out of the decision ...

If you allow someone to perform work yet you never officially hire the person, don’t think you can avoid paying by calling her a volunteer. She’s your employee and must earn at least minimum wage ...

Wal-Mart’s recent expansion of its popular generic drug plan into Georgia and 26 other states bodes well for employers struggling to keep up with rising health insurance rates ...

The Georgia Security and Immigration Compliance Act (GSICA), signed into law last April, imposes numerous responsibilities on employers. Although the law focuses primarily on public employers and contractors, some of the less publicized aspects of the law will affect private employers, too ...

If you have non-English speaking employees, you may be making efforts to help improve their language skills. But in which cases must you pay employees for that training time? ...

One of the world’s largest funeral home companies faces a class-action lawsuit by up to 6,000 current and former employees for failure to pay back wages and overtime of between $40 and $70 million ...

Wal-Mart bashing may be the new spectator sport in America, but the nation’s largest retailer is slowly learning some important lessons from a series of legal setbacks involving time and attendance records and managers’ misguided efforts at cost control ...

In recent years, large corporations have begun imposing work force diversity mandates on their suppliers. As a result, midsize organizations that want to win contracts scramble to prove diversity among their staffs ...

Responding to complaints about pornographic and hostile messages displayed on firefighters’ lockers, the New York City Fire Department (FDNY) asked superior officers to oversee the removal of all offensive materials ...

Corporate culture figured prominently in Fortune’s recently released list of the “100 Best Companies to Work For, 2007.” The list includes 11 companies headquartered in New York, plus 15 others operating in the state ...

It’s Monday morning, the coffee has yet to be brewed and already a huge problem has dropped onto your desk. An employee left a voice mail saying he has been arrested. He doesn’t say what happened, but the very next message is from a local newspaper reporter asking for details about the employee’s work history ...

Many employers have run afoul of federal discrimination law by requiring all employees to speak only English at all times. The EEOC has said employers can only set such “English-only” rules if they can show a clear business need ...

Most organizations have comprehensive Internet, e-mail and electronic communications policies that spell out what's acceptable usage and what's not. But few employers have addressed a growing problem: the proliferation of employee Web logs, or "blogs" ...

In a perfect world, managers would regularly tell you what a fantastic job you’re doing and how they notice all the hard work you put into everything you do. Most workplaces aren’t perfect, though.

Question: I work in a five-person branch office, and the lease on our office space expires at the end of December. As a result, a person from the home office will be coming to my office to determine whether our lease should be renewed (in other words, whether we're worth the money) or whether our responsibilities should be absorbed into the home office. If any of you have been through a similar situation, I'd love to hear your suggestions regarding what I should say when the decision maker speaks to me.  -- Lisa

HR Law 101: Workplace dress codes touch on a variety of issues, including workplace safety, freedom of speech, personal hygiene, customer relations, religious freedom, the minimum wage and racial and gender stereotypes. Employers have a number of legitimate reasons for imposing a dress code, but court rulings have limited their options...

HR Law 101: There are two important reasons you need to protect your company’s trade secrets: (1) You make it less likely that confidential information will be misappropriated. (2) It will be easier for you to seek relief in court if your secrets are stolen ...  

Question: I read your Admin Pro Forum - Dealing with Divas, and I’m interested in obtaining a job description for a Sr. Admin Assistant. I am an executive assistant doing Sr. executive work. I’d like to see other job descriptions in order to help establish my own senior job description and present it to my boss. Having input from another senior admin assistant would be helpful.  -- Cindy

Q. Is it legal for our company to require employees to speak only English at work? —B.K., Idaho

Q. We post employees' vacation schedules in the employee lunchroom. Occasionally, outside visitors or customers visit the lunchroom, too. Some employees have complained about this posting policy, saying it borders on invasion of privacy. Are they right and should we stop doing this from a legal standpoint? —M.M., New Jersey

Employers may end up the unintended victors in a potential prescription-drug price war in Florida. When Wal-Mart, the nation's largest retailer, announced recently that it would sell generic drugs for just $4 per prescription, it didn't take long for Target, the second-largest retailer, to follow suit ...

If your organization contracts out security services, the Texas Supreme Court has just handed you a substantial victory that makes it less likely you'll be liable if your independent-contractor security guard injures someone ...

The Texas Insurance Commission filed charges against consulting giant Mercer HR Consulting and its client, the Houston Independent School District, claiming the company had charged the school district $20 million since 2000 and then gave the district more than $800,000 in rebates ...

When the Grand Prairie parks department hired Damon Bryan as a maintenance worker, it asked him about his criminal background. Bryan told them he had a conviction for aggravated assault, but he left out the type of assault. He had been convicted of sexually assaulting a 12-year-old girl ...

Pennsylvania employers that don't adequately protect their employees from dangers associated with their jobs, take note. If your employees suffer post-traumatic stress disorder or depression following an armed robbery or other unusual violent act, they may be eligible for workers' compensation for the "psychic injury" ...

Pennsylvania employers will have to go to greater lengths to keep employees' and customers' Social Security numbers private in the wake of new legislation signed by Gov. Rendell this summer ...

Pennsylvania law makes it easy to enforce noncompete contracts. But trying to make a business-interference claim against an ex-employee is almost a lost cause ...

New Jersey employers can't interfere with employees or customers who breast-feed their children in public, as Tiffany and Co. learned the hard way ...

Q. We run a carry-out/catering kitchen. Can we legally tell all of our employees and customers that they can't smoke on the property? —L.D., Maryland

Generally, workers' compensation won't cover Florida employees when they're injured after leaving the workplace. But that's not the case if the employee left the premises in an emergency to save life or property related to the business ...

While the ADA entitles disabled employees to workplace accommodations, it's important to recognize that health and safety always take the front seat ...

Federal law (specifically, the ADA) says you must accommodate a person’s qualified disability, but that doesn’t mean you must say “Yes” to every accommodation request from every ailing worker. But it’s a tough call on when you legally can say “No.” ...

If your employees hear “casual” when you say “business casual,” they might benefit from an emerging new perk: the employer-supplied image consultant ...

Need an inexpensive benefit and an easy way to boost morale? Allow employees to partake in the services your organization provides to customers (either for free or at a reduced price) ...

While the Fair Labor Standards Act says certain computer professionals are exempt employees, be ultra-cautious about applying this exemption. Courts are littered with cases of employers being punished for wrongly applying exempt status to lower-level IT workers, such as help-desk staff (aka “IT support specialists”) ...

Until recently, companies that sold products and services over the Web didn’t feel that the ADA applied to them, meaning they weren’t required to make their sites accessible to visually impaired or disabled people. But a lawsuit against Target stores has Web retailers rethinking that assumption ...

Georgia’s constitution prohibits contracts that have the effect of defeating or lessening competition. Anti-competition is considered anti-public policy in Georgia, so employers should craft their noncompete agreements with care ...

Employers today are facing a barrage of Fair Labor Standards Act (FLSA) lawsuits alleging that they’re misclassifying nonexempt employees as exempt. One main target: store managers who often work 60 to 70 hours per week for a set salary ...

You can legally reject job applicants who have physical or mental limitations if they would pose a direct threat to their own safety or the safety of customers or co-workers. The ADA makes that clear. What isn’t clear is what’s considered a “direct threat” ...

If your organization aims to attract a younger, more hip clientele, watch how you convey that idea to employees who don’t fit your target demographic ...

Florida’s population is the oldest in the United States. So perhaps it comes as no surprise that older workers in the state are becoming increasingly litigious in filing Age Discrimination in Employment Act (ADEA) lawsuits ...

That dedicated employee working through her lunch period, even though she’s clocked out, could be a Florida employer’s biggest future liability ...

New York employers in the restaurant industry need to be vigilant. The state’s minimum wage law places tight restrictions on how you divvy up money collected in a tip pool ...

HR Law 101: The EEOC has become proactive in protecting workers from a sexually hostile environment. In 2007 alone, the agency recovered from employers nearly $50 million for victims of harassment ...

HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep ...

HR Law 101: To be considered exempt from overtime, an employee must generally be paid on a salary basis and his or her job duties must meet the Labor Department’s standards for one of the six exemption categories. Use this self-audit to test whether you’re properly classifying your workers as exempt under the FLSA ...

HR Law 101: Many organizations use independent contractors as a way to sidestep payroll taxes, expensive fringe benefits and red tape. But if the IRS concludes that those workers are really employees, the employer could be liable for back taxes, penalties and interest charges ...

HR Law 101: Don’t overlook state laws, which may provide more protection for independent contractors. While the IRS is largely concerned with the issue of who collects and who pays taxes on earnings, states have different interests to protect. Thus, some states may prefer for some contractors to be considered employees under the IRS rule.

HR Law 101: If you fail to do background checks on applicants for certain positions, you could make yourself vulnerable to a negligent-hiring lawsuit by any worker or customer who’s been hurt by a violent employee. You should check applicants’ backgrounds especially for positions such as day care worker, security guard and sales representative ...

Question: I am the executive assistant for the CEO/president of a small (45 employees) company. The boss frequently travels, either on business trips, family trips or hunting trips. While he's gone, he might check his e-mail once a day, but he relies heavily on me to check his e-mail, handle things that I can, return calls, answer questions, etc. Usually, once a day, he’ll call and get any pertinent info from me.

He gets about 30 e-mails a day and one or two calls. About five of his e-mails contain something that needs to be handled; most are simply “junk.”

When he’s around, I have JUST enough to keep me working very slowly. I feel as though I'm not used to my potential; I really prefer to be TOO busy! I have assumed all the responsibilities he will allow, I assist others in the company as much as I do him, and do a lot of research on potential customers, partners, vendors, etc., without being told. I have PLENTY of initiative, I go above and beyond constantly, and I do a lot of things. But when he's gone, I literally could get all my “work” done in one hour a day!

It’s very frustrating, because I don’t feel like I’m worth my paycheck, sometimes. But there’s nothing I can do to remedy it. He has specifically said I’m doing more than he would ever ask and that I’m capably handling SO much and the folks in the office all have their jobs to do and any offers of assistance I give are usually politely declined. I mean seriously: I don’t feel like he needs me to be in the office while he’s gone. We have a telephone system and VPN, and I could literally work from home and be JUST as available.

I don’t really want to push for that, because he really doesn’t like folks to telecommute. He likes them to be in the office, especially me being the “face” of him when he’s not here. Inevitably, things arise that I might need to make a decision on.

I paid for an online continuing-education course from a local college and have been doing my studies at work. Seeing as it’s an administrative course, I don’t feel bad about that. But after that, I'm still left with three to four hours a day with absolutely NOTHING work-oriented to do because I have DONE IT ALL, already!

My long story boils down to this: Should I look for another job that's more fast-paced and I feel like I’m worth my paycheck?

Should I try to talk to him about working part-time while he’s out of town?

Should I feel guilty on a day like today when our gas has been turned off due to a leak the gas company has to locate, I feel sick (several employees have the stomach virus going around), have a headache, have nothing to do, have received ONE single e-mail in two days that I could do anything with, and made a copy of a receipt for one other person? Should I be feeling guilty for checking my e-mail? What am I missing?

I’m so frustrated because I have a VERY strong work ethic and a fast-paced mentality, one can reorganize the files only so many times!

HELP! I don’t want to be watching the clock!  -- Liz

Question: How is everyone preparing for the flu season? Do you provide flu shots to all employees at your company, bringing in a nurse to do it onsite? Do you reimburse those who get flu shots out of the office? Do you take any other preventative measures within the company?

We hand out alcohol and disinfectant wipes to employees to use in their areas throughout the winter season. We are considering providing flu shots.  -- D.L., Philadelphia

Question: I have a question: What is a virtual administrative assistant?  -- Sandy

Question: What's your dream job? If you could wave a magic wand and take on any job -- in any profession -- you wanted, what would it be?  -- Alice Bumgarner, Editor

Question: I keep hearing about people who are "virtual" admins, and that this is supposed to be the new hot job in the future.

Has anyone had experience being a virtual admin? How did you like it/not like it? Where can I get more information? Thanks!  -- Mary from Wisconsin

Your customers expect you to set the bar on customer focus, according to a new survey by the American Management Association and the Human Resource Institute.

Question: I have found several resources when it comes to multiple bosses. In my situation, we have two Administrative Assistants for one boss.

What is the best way to handle two assistants? Should there be a division of responsibilities or should they do the same thing? If there is a division, how do you handle one Admin feeling less valued? I feel that one Admin Assistant is all that is needed to take care of most everything.  -- Kelleen

Question: I have a co-worker who wears trashy clothing to work almost every day. Even when she tries her hardest to dress professionally, she still looks horrible because her skirts are too short, her pants are too tight, and most of her shirts show her tattoos.

We work with mostly men, and they all make fun of her behind her back, calling her names and ridiculing her.

Her boss has addressed this issue but it hasn’t seemed to help. I have a pretty descent relationship with her, and everyone in the office knows me as the woman who tells it like it is. Should I tell her she is committing career suicide by dressing the way she dose?

Please help.  -- Mandy

When facing a discrimination claim filed with the Pennsylvania Human Relations Commission, it makes sense for employers to try to settle as early as possible, before the agency holds hearings and files an opinion ...

Question: I have been asked to start a monthly newsletter for our plant.  Since I have never done this before, I need all the help I can get such as a sample newsletter, what program to use (I was thinking Microsoft Publisher).

My goal is employee involvement. Should I send out a memo asking for ideas and input or, after the newsletter is started (hopefully), just rely on word of mouth? 

Issue: Many employers believe that anyone with a "manager" title is automatically exempt from overtime. Risk: Making such misclassification mistakes can cost thousands in back pay and penalties, plus a black mark on your record ...

If you operate a business that's open to the public, you're legally required to make the premises accessible to disabled customers. That may include creating wheelchair ramps, wider aisles or reconfiguring your restrooms.

Question: We have an office of about 70 employees, about 55 of whom have face-to-face contact with the public. The owner would like all patients welcomed with friendly faces. Not all the employees are this friendly. They aren’t rude, but are very cold. They do their work correctly.

How do you make people smile without making them more unfriendly?  If they don't fit into the atmosphere we are trying to create, would that be crazy to let them go?  -- Anonymous

All work and no play can make Jack (or Jill) a disgruntled employee or client. So, you may decide to treat some of your top customers or valued employees to an outing as the summer draws to a close. By knowing the tax-law rules for entertainment costs, you can double your pleasure with top-dollar write-offs.

Q: I retired earlier this year, but I'm starting a consulting business as a sole proprietor. In my line of work, I'll need to use subcontractors. But won't I be taxed in full on the 1099s that I receive from my customers? L.L., Pittsburgh

Question: Another manager at my workplace has a new employee who smells, very strong, of body odor. All the staff working in that area and others among the office have already complained and are now spraying scented sprays.

Her appearance is very professional and she is very good at her job.

How does this manager approach this employee? Is that even legal to approach a worker about their smell? And if you do approach them, how do you make them comfortable about going back to work now that she knows others could smell her? She also feels bad that the other staff are gossiping about her.  -- Anonymous

Question: I am the office manager for an HVAC (heating, ventilation & air conditioning) company, We need field people, mechanics and helpers, that type of thing.  The type of workers we are looking for really don’t attend job fairs much.

I have tried advertising for help everywhere: small newspapers, large newspapers, the Web and tech schools.   Does anyone out there have any scathingly brilliant ideas on how to reach this type of worker to recruit them?  I would appreciate ANY suggestions.

Thanks so much.  -- Kelly Hogue, Warminster, PA

Question: I have taken on the task of creating an internal newsletter.  We have 14 employees (4 professional engineers, 7 consultants and 3 admin staff) located in 7 different states.  Our internal communication is very weak due to workload and the geographical distance.   Our company consisted of 5 employees in the same office until 2 years ago.  I feel that an e-mailed newsletter would be a good way to communicate with everyone.

Question: My boss (who isn’t the warmest guy) feels compelled to give me a box of chocolates each year on Valentine’s Day ... even though it clearly makes us both uncomfortable.

Even worse, some customers and clients send inappropriate gifts to my female colleagues.

For those reasons, I think Valentine’s Day should not be celebrated in the office. Do you agree?  -- M.G., Scranton, Pa.

Chances are you've used the float—the time it takes banks to process checks—at least once during difficult cash-flow moments. But take note: A new law will eliminate this age-old practice, possibly forcing you to change your cash-flow practices.

You may not realize it, but employees could be jumping ship because of the hassle and high cost of their commutes. And commuting pains aren't easing.

Even in the Internet age, consumers still have a love affair with coupons. And now may be a good time to jump into the growing trend of electronically delivered coupons.

If you work at a central location—say, a company office downtown—and you take work home on nights and weekends, you typically won't qualify for home-office deductions. Reason: Your home office is not your "principal place of business." The downtown office is.

Quick: Who are your company's three best clients?

If you instinctively thought of your three biggest clients, you may be making a mistake that's common among small businesses: focusing on less profitable larger accounts at the expense of smaller, more profitable ones.

Small businesses think they need every customer they can get. Not true.

You're better off applying the "PIN," or pain-in-the-neck, test to identify customers who actually

damage

your bottom line.

If your company wants to sell into the rapidly expanding Hispanic market, include Spanish-language media in your advertising plans. You'll pay cheaper rates for highly targeted ads.

Like most small business owners, you probably work with a tight advertising budget—if you have one at all. One way to stretch your ad dollars: Use customer testimonials, a powerful and inexpensive form of advertising.

If you've been frustrated with your bank's service, 2004 is the year to shop around for a replacement, or, at the very least, to press your current institution for more services, especially if you do business with a large bank or community bank.

Q: I thought I read in your publication recently that I would be entitled to certain tax deductions not normally allowed if I was a corporate officer living next door to my business. Is this correct? P.B.W., Grantville, Pa.

You've likely faced times, especially during cyclical sales downturns, when you need to look at selling to business customers that have less-than-stellar credit. These may be new customers or longtime customers who are suffering short-term problems.

When deciding whether to use direct mail, e-mail, telephone, catalogs or some other means to market your product or service, remember this key point: The medium that generates the most customer responses doesn't always yield the best return on investment (ROI).

1. Place a strong emphasis on benefits. Say you sell skin-care products. You need to highlight the benefit to the customer (younger-looking skin) rather than the features (it contains 12 different moisturizers).

For many U.S. taxpayers, "March Mad-ness" has nothing to do with college basketball. It's all about dashing around gathering receipts, filling out forms, meeting with your tax guru and hoping you'll emerge victorious in the 1040 game.

Ever feel like a surrogate parent with certain young, entry-level workers? You're not alone.

Starting this year, the federal government offers a single Internet portal for small businesses that want to do business with the government. The result: You'll have an easier time registering as a contractor and marketing your goods and services to the government.

To see how well your company deals with customers' orders, questions and problems, invest an hour each month "walking in their shoes."

Rather than just hoping your company's Web address will appear at the top of customers' search-engine listings, spend a few dollars to make sure it happens.

If you make, sell or even use security equipment that can help guard against terrorism, tap into the federal government's protection against lawsuits resulting from terrorist attacks.

Now that the busiest shipping season is over, take time to evaluate your mailing methods. You may be overlooking some relatively easy ways to save money.

You read your trade journals. But do you also read the publications that your customers, suppliers and outsourcing vendors read?

You’ve now got the staff to do the work you once did yourself, but you’ve been a workhorse for so long that you don’t know how to steer the team.

“This is your own business,” James Nordstrom tells his employees. “Don’t listen to us in Seattle. Listen to your customer.” 

To see how well your organization deals with your customers’ orders, needs and problems, invest an hour each month “walking in their shoes." 

Surveys show that more small businesses are using e-mail as a marketing and advertising tool. The obvious reasons: no printing or mailing costs, and customers can click on an embedded Web address and buy instantly.

If your company sends commercial e-mail ads to customers or clients, pay attention to the feds' new effort to stop junk e-mail.

If you need to notify customers, employees or others quickly, check into services that make hundreds of phone calls in seconds.

Small businesses often trade referrals among each other. It's a smart and easy way to attract new business.

More reason to avoid tax protester groups.

Expect IRS to budge little on tax bill 'compromise.'

Making a sale is worthless if you never receive payment. Many companies make the fatal mistake in their collection process of either letting debtors off too easily or turning them off for good.

Use two little words—no charge—written on an invoice as a powerful sales tool, according to the Journal of Accountancy's Golden Business Ideas.

You can be a hero without taxing yourself. How? Expend a little effort in exchange for a lot of praise.