A New York City broker of apartment rentals and sales may face legal liability for alleged age bias—not because it discriminated, but because its independent contractor did. It’s a cautionary tale for any organization that outsources hiring.

When it comes to work-related matters, many private-sector employers think that employees’ rights to privacy are limited, if they exist at all. A recent $1.8 million jury verdict should help dispel that myth.

Whether you’re giving notice at your job or going through the departure of a deputy, here’s how the world generally interprets the length of  notice of an executive:

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:

Is your organization a subsidiary of an overseas company? If so, you may have to warn managers who are used to a different set of rules that comments about age preference can lead to trouble.

The Equal Pay Act (EPA) makes it illegal to base unequal pay on gender. Employees have up to three years to sue after the last allegedly discriminatory paycheck if their employer’s violation was “willful,” and two years if it was not. Unfortunately, any obvious wage disparity is probably willful.

Despite a summer of political circus distractions in Albany, the New York Legislature continued to crank out laws that further regulate New York employers. Here are some recent changes to New York State laws that you need to take into consideration.

A Minnesota court of appeals has ruled that ex-employees who are collecting unemployment can have their benefits reduced if they are due to receive commissions from their former employers.

When supervisors and managers have to deal with an employee they perceive as trouble, emotions can take over. That’s bad news. Warn them that anytime they have to deliver bad news to an employee—for example, while disciplining or firing—they must refrain from making smart-aleck comments. Wisecracks are too easy to misinterpret, especially if the employee already thinks the employer is out to get him.

The tax law contains a break for investing in qualified small business stock (QSBS). If certain requirements are met (e.g., the stock must be held five years), you can exclude (pay no tax on) up to 50% of the gain. The capital gains tax rate for QSBS is 28%, so the effective tax rate is 14% (50% of 28%). And the new economic stimulus law sweetened the deal.

Goal setting can be a tightrope act for supervisors. Set the bar too low and you end up with an unmotivated, unproductive employee. Set it too high and you’ll create frustration and the possibility the person will do something unethical to achieve the goal. To make sure you’re setting goals correctly for employees, ask yourself these eight questions:

Goal setting can be a tightrope act for supervisors. Set the bar too low and you end up with an unmotivated, unproductive employee. Set it too high and you’ll create frustration and the possibility the person will do something unethical to achieve the goal. To make sure you’re setting goals correctly for employees, ask yourself these questions.

If you have a strict grooming policy or are considering implementing one, make sure you first understand what you can and cannot require employees to wear or what grooming standards you can legally enforce. Employees can and do sue when their employers try to impose rules that interfere with religious beliefs, reflect sexual stereotypes or are simply demeaning.

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:

Imagine if baseball GMs, ignoring batting statistics, took potential players out for a beer at Applebee’s to test their culture fit. That’s what leaders do by using interviews to pluck out the best candidates. But interviews are less predictive of job performance than work samples, job-knowledge tests and peer ratings of past job performance.

 “The leaders of my organization say they understand how HR works, but they really don’t have a clue—and aren’t too interested in finding out.” That's a common complaint from HR professionals across the country. So how do you “train” your boss on HR and erase some of his or her misperceptions? Try these three strategies.

Q. I have invested in several T. Rowe Price mutual funds. Will I have to pay tax on capital gain distributions if a fund has a loss for the year?

Stephen Bechtel Jr. wasn’t sure he wanted to go into the family business. His grandfather founded the company that built the Hoover Dam and the world’s first commercial nuclear power plant. Those were big projects with high expectations ...

Employers can terminate employees who are on FMLA leave if the employers are sure they can later prove to a jury that they would have made the decision to terminate whether the employee took leave or not. That’s a tough burden, so you must make sure you have a solid reason—and you must document it.

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.

At Google, anyone can be a leader—or at least act like one. The result is that anyone can be more effective, get more done, influence the process and support an innovative environment. To teach leadership to 20,000 employees, says Evan Wittenberg, head of global leadership development, Google leans on a few principles:

At work, numbers speak volumes. If you can’t show, quantitatively, that something is improving, then how can you really know it’s improving? It’s not surprising, then, that more admins are being asked to set SMART goals—specific, measurable, attainable, realistic and timely goals—to be evaluated against.

Family responsibility discrimination (FRD)—discrimination against employees because of their family caregiving duties—has become a hotbed for litigation against employers, and every indication is that this trend will continue. So it’s critical for employers to recognize the potential for liability and take necessary steps to avoid being the next defendant.

Here's a collection of creative employee benefits programs, excerpted from the "What's Working" column in our sister newsletter, Compensation & Benefits.

The 7th Circuit’s recent opinion in Martino v. MCI represents the first opportunity for that court to apply the U.S. Supreme Court’s recently clarified standard for determining liability in disparate-treatment cases brought under the ADEA. Together, the two decisions make it harder for employees to win some age discrimination lawsuits.

Employees who typically moonlight as sales clerks and warehouse workers to pick up extra cash for the holidays could have an especially hard time this season because so few retailers are hiring holiday help. Tip: Don’t turn away a good candidate for being overqualified for a seasonal job.

Employees who complain they’re being discriminated against sometimes seem less than cooperative once you start investigating their claims. If that happens, don’t be too quick to discipline that employee for hindering your fact-finding effort.

Have you audited the employee bulletin board in your break room or next to your time clock recently? Have you ever done so? A little time spent seeing what’s there—and what’s missing—will keep you in compliance with North Carolina and federal laws.

In some circumstances, all it takes to launch a retaliation lawsuit is a supervisor’s isolated, insensitive comment , as the following case shows.

Half of the college seniors who intern at Enterprise Rent-A-Car wind up working there after graduation. Indeed, the St. Louis-based company for many years has made BusinessWeek’s list of the 50 Best Places to Launch a Career.

Have you checked out the IRS on YouTube? Now you can tune in to videos that explain some of the key tax breaks included in the new economic stimulus law. Simply go to www.youtube.com/irsvideos to view the current play list.

You expect colleges and universities to prepare your youngest workers for their new jobs. But are you prepared for them? These digital natives quickly grow impatient with last year’s hardware and software. Hiring them puts more pressure on your organization to keep its technology ahead of the curve.

If you missed out on the popular cash-for-clunkers program this summer, you can still qualify for big tax benefits for an older vehicle by donating your “clunker” to charity. Instead of trading in your vehicle, simply give it away to a qualified charitable organization. This entitles you to a deduction on your ’09 return.

Even with unemployment hovering near 10%, some employers are still having trouble finding employees with the right skills, experience and training. Here are the 10 hardest jobs to fill in 2009:

Somehow, Walt Disney’s toy division, run by Chris Heatherly and Len Mazzocco, churns out scores of innovative new toys every six months. What’s their magic? Their continuous innovation hinges on a systematic brainstorming and prototyping process that works like this:

The year after a flood, everybody buys flood insurance. After a crisis, executives turn to scenario planning. Consider this: The year after the 9/11 attack, use of scenario planning rose to 70% of executives, up from 30% in 1999, according to consultants Bain & Co. The numbers will likely be high again this year because of the recession.

Quest Diagnostics is so serious about employee health that it calls the director of its wellness programs the “wellness ambassador.” Bill Germanakos, the 2007 season winner of NBC’s “The Biggest Loser” reality TV show, oversees HealthyQuest, which helps the firm’s 41,000 eligible employees change unhealthy behaviors.

Employees who are disabled after an injury on the job often apply for workers’ compensation. Receiving those benefits, however, isn’t a bar to asserting ADA and state disability claims, as a federal court hearing a New York case recently concluded.

Guess what: You can’t press forward with a wage-and-hour class-action suit after you’ve already settled with the organization you’re suing. So said the 9th Circuit Court of Appeals when it tossed a class-action bid brought by two former T-Mobile sales reps.

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:

The FMLA applies to employees who have worked more than 1,250 hours and for one year—provided their employer has a staff of 50 or more working within 75 miles of the employee’s base. Typically, the base is where the employee reports. But what about a salesperson who travels over a set territory and works from home?

A Rhode Island software company has created a system for new ideas that’s as transparent as they could make it. They call it an idea market. CEO Jim Lavoie and President Joe Marino of Rite-Solutions have leveled the playing field so all employees have a shot at putting their ideas on the table.

As with many other federal employment laws, the Fair Labor Standards Act includes a retaliation provision that protects workers who complain that their employer has violated the law. Until recently, it wasn’t clear what kinds of complaints actually triggered the FLSA’s protections. That’s now changed.

If you're thinking of investing in gold, do it inside your retirement plan. As opposed to the maximum federal tax rate of 15% on most other long-term gains, the maximum tax rate on long-term gains from precious metals is 28%. By using retirement plan funds to invest in gold instead of personal funds, you can avoid a big tax hit on a sale.

You don’t need to be born with the ability to come up with ideas. Madison Avenue's David Ogilvy is proof. “I had a reasonably original mind, but not too much so,” he said in an interview when he was 75. “Which helped, not being too original. I thought as clients think. I also thought as women think.”

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

Tens of thousands of homes that were appraised prior to the real estate crash are valued (for property tax purposes) at higher levels than today’s housing prices. Strategy: Appeal a property tax assessment if you have reasonable grounds. If your appeal is successful, your property-tax bill will be reduced. But you may have to move quickly. Here are five tips:

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.

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.

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities will change frequently. But be aware that such changes could alter an employee’s classification under the FLSA—and open you up to an overtime lawsuit.

Punishing an employee for complaining about discrimination is retaliation even if it turns out that whatever the employee was complaining about wasn’t discrimination. That’s why you should include information on avoiding any form of retaliation in all your training programs.

Here’s a good idea if you are reviewing employment agreements that spell out how you pay commissions: Be sure to specify that the end of employment means the end of commissions.

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?

Cell phones, BlackBerries, iPods, iPhones and GPS devices—even laptop computers—all offer important travel information and productive work connectivity for employees on the go. But using those devices while operating a vehicle is also dangerous. That’s why North Carolina recently passed a law, effective Dec. 1, making it unlawful for a person operating a motor vehicle to send text or e-mail messages while the vehicle is in motion.

Q. In a recent article (Savvy move: Sidestep the new tax pitfall for home sales) you said I would not qualify for the home sale exclusion if I move to my vacation home. Will I qualify if I move to a home I don’t currently own?

Like most industries, the business loan alternative industry has continued to mature and offer different financing potions that are less expensive and have different requirements for the borrower.  

An Atlantic City jury has awarded Scott Jones $1.8 million in his suit against his former employer, South Jersey Gas, after the company dismissed him for poor work performance. Jones claimed his poor performance was due to his battle with depression and that the company failed to discuss accommodations of his condition.

Now that the Cash for Clunkers program is over, the results are coming in and it looks like the big winners from the program are Hyundai and Ford with year over year monthly sales increases of 47% and 17% respectively. The number three selling new car during the Clunkers program was the Ford Focus with the Ford Escape showing up in the top 10 as well. The other two American car companies actually showed declines in sales during August with GM down almost 20% from last year and Chrysler sales down 15%.

What’s the difference between the three U.S. auto makers? Obviously, there are a lot of factors, but I’d argue the most important is leadership.  As I wrote in this blog back in August of 2007, my money was on Ford CEO Alan Mulally to lead a turnaround at Ford and it looks like that’s what he’s doing. I spent some time earlier today reading some recent articles about Mulally and watching some video interviews with him to try to determine what he’s done right since arriving at Ford from the Boeing Corporation in 2006.  (My sources include articles in Fortune magazine, Business Week, and the U.K. Guardian along with video interviews from Time magazine and the New Yorker

Based on that research, here are five Mulally success factors I’ve come up with that I think apply to any leader charged with leading a turnaround in their organization.

Lots of employers win sexual harassment lawsuits, but not until they have had to air their dirty laundry in public—and pay for the privilege, too. That’s one reason to insist on a professional workplace free of sexual innuendo and harassing behavior. HR performs one of its most valuable services when it impresses on management the high cost of winning a sexual harassment lawsuit ...

Do you live in a state without a sales tax? You can still benefit from the new deduction for sales and excise taxes attributable up to $49,500 of a new vehicle’s cost.

Are some of your organization’s leaders still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? You might be a few off-base questions away from a pregnancy discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

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.

Employees who are fired have little to lose and everything to gain by filing a discrimination lawsuit. That’s why you should be prepared to show exactly why you terminated an employee and how the punishment fit the crime—especially if others kept their jobs after similar violations.

Ohio ranked among the nation’s most business-friendly states in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The SBEC annually assesses the tax climates for business and entrepreneurs in the 50 states and the District of Columbia.

Florida ranked as one of the nation’s business-friendliest states in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The SBEC annually assesses the tax climates for business and entrepreneurs in the 50 states and the District of Columbia.

The 9th Circuit U.S. Court of Appeals has asked the California Supreme Court to rule on whether pharmaceutical sales representatives are exempt under the California Labor Code. Traditionally, they have been classified as exempt.

Tullytown-based Meenan Oil has settled an age discrimination suit filed by 72-year-old Louis Ceccoli, who was fired and then replaced by a substantially younger worker. Ceccoli built his case on derogatory comments his sales manager made about older workers.

A federal appeals court has made it harder for employees to challenge your decision to deny a benefit covered by the Employee Retirement Income Security Act (ERISA).

Yes, you read right. Four billion dollars. Billion—with a “B”! A California superior court recently confirmed an award of $4.1 billion against a Chinese company, its U.S. affiliate and its founder after an arbitrator found them liable in a compensation dispute with a former executive.

The economy is still funky. Unemployment continues to rise. And, with Boomers entering their retirement years, some of those older laid-off employees are crying foul. In fact, the EEOC last year reported a shocking 29% rise in age discrimination claims. The good news: A recent U.S. Supreme Court decision made it more difficult for employees to win such cases, as the following case shows …

Are you facing a cash crunch because most of your wealth is tied up in your company? If the current economic slowdown continues, your personal assets could be depleted over time. Strategy: Create an Employee Stock Ownership Plan. This technique enables you to reinvest in a diversified portfolio, retain control of the business and avoid taxes indefinitely—all in one fell swoop.

If you use your computer system to monitor your employees, now’s a good time to ask your attorneys: Are we vulnerable to a lawsuit under the federal Electronic Communications Privacy Act, a part of the federal Wiretap Act? A federal court considering a California case may have just made your electronic monitoring policies far riskier.

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

Q. Can I require an independent contractor to provide weekly sales reports (number of contacts made, closed sales, contracts sent, etc.) without turning our arrangement into an employer/employee relationship?

Are you thinking of donating a boat or a car to charity? Maybe you can’t afford to simply give it away. Strategy: Arrange a “bargain sale.” Unlike a regular charitable donation, you get cash back from the charity plus a write-off based on the difference between the bargain sale price and the property’s fair market value.

The Keystone State ranked 29th out of 51 jurisdictions in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009, a score that would have been better if it didn’t have the nation’s highest state corporate tax rate.

Do you have a manager who wants to discipline an employee who just requested a reasonable accommodation under the ADA? Before you approve the discipline, make sure the manager can document past problems or that the discipline is warranted based on a serious rule infraction that has happened since the request.

The difference between winning lawsuits and losing them often comes down to good record-keeping. When an employee sues for discrimination, for example, a solid discharge reason will trump the allegations unless the employee can show it was false or that others weren’t discharged for similar problems.

New York finished better than just four states in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The SBEC annually assesses the tax climates for business and entrepreneurs in the 50 states and the District of Columbia.

Illinois came out better than average in the Small Business and Entrepreneurship Council’s Business Tax Index for 2009, an annual assessment of the tax climate businesses and entrepreneurs face in the 50 states and the District of Columbia. Overall, Illinois ranked 18th on a scale of 1 (least taxed) to 51 (most taxed).

Minnesota finished near the bottom in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The only ones ranking lower than Minnesota: New Jersey and the District of Columbia.

California finished better than just three states in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The only ones ranking lower than California: Maine, Minnesota, New Jersey and the District of Columbia.

North Carolina finished in the bottom third of states ranked in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The Tar Heel State placed 38th overall, well below neighboring South Carolina (11th), Tennessee (13th), Virginia (16th) and Georgia (19th).

New Jersey finished next to last in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The SBEC annually assesses the tax climates for business and entrepreneurs in the 50 states and the District of Columbia.

It’s tough to admit that your plan isn’t working and hand the project to someone else. But don’t be afraid to delegate to skilled employees who think differently than you do. It can be the greatest sign of leadership to know when to step aside.

Cutting training willy-nilly just to save money can create more problems than it solves. During economic downturns, companies need efficient, targeted training programs to improve productivity. And effective training positions companies to prosper as the economy recovers. To examine training programs and avoid eliminating those that do work, ask the following questions:

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 ...

How to reverse a bad situation? Practice three-way respect: 1) Respect yourself. 2) Respect your colleague. 3) Respect the problem. Jack and Mike had been college buddies, and now Jack had inherited his dad’s manufacturing business. Feeling that the business had languished, Jack had some new ideas...

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.

Q. We are a small start-up company. We have an office manager whom we pay $350 per week. I understand that, in order to be exempt from overtime labor laws, we would need to pay her at least $455 per week. We can’t afford to pay that amount, but are willing to provide her stock in the company. Will that help?

Umpqua Bank makes it easy for its 1,700 employees to comply with a strict, professional dress code: It lends them money to buy clothes. Since 1996, the bank, with 150 branches, has advanced money to any employee who asks for it—up to $1,000 a year—to spend on work clothes.

The 2008 housing law put new restrictions on a popular tax technique for homesellers who convert a second home into a principal residence. Beginning in 2009, you may be taxed on the gain attributable to the “nonqualified use” of the home. But you still may escape unscathed through a little-noticed loophole.

The latest Leadership Lessons podcast interview is guaranteed to go well with your grande Caramel Macchiato. My guest is Howard Behar, the former president of Starbucks Coffee Company. His book, It's Not About the Coffee  is out in paperback with a new preface on leading in hard times and is available on Amazon.com.

Howard brings a unique perspective on leadership to our conversation. He joined Starbucks in 1989 as its VP of sales and operations when the company had 28 stores in the Pacific Northwest.  When he retired as president in 2003, Starbucks was a ubiquitous global brand. He continued to play a role in the company’s strategy as a member of the board of directors until 2008. 

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

Employees who do a good job for Fun Bike Center Motorsports in Lakeland, Fla., reap rewards like Caribbean cruises and grocery store shopping sprees. “They’re great morale boosters,” notes Jenny Brown, assistant to the president. “We have a leader who truly believes in investing in his people.”

When making decisions, pay attention to the factors that lead people to make bad ones: relying on past experience, making prejudgments that turn out to be wrong and being swayed by attachments to people, places or things.

The IRS has yet to issue formal guidance on whether multiple vehicles can qualify for the new vehicle sales tax deduction. But taxpayers can expect some good news on the way. Alert: There’s no limit per taxpayer, an IRS spokesperson recently told tax publisher CCH. Therefore, if you qualify, you can write off sales and excise taxes for two or more vehicles purchased this year.

"Our office allows a more casual attire in the summer. But some of the employees push it way too far. It doesn't help that the VP in charge of the office likes to wear shorts, so everyone else thinks it should be OK. We don't have any written rules on this, but I think it's hurting our image (as some of our sales reps sometimes have clients in for meetings). How can I present this to 'Mr. Casual' VP...or should I? -- Kathleen

Members of the military have greater on-the-job protection than many other employees—including the right to return to their former jobs following a period of active-duty service. They also have the right not to be terminated or otherwise punished for being part of the armed services and taking military leave.

Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?

You dread going to work. The problem isn’t your job, which you love. And you’re blessed with a great staff. But your boss makes you miserable. Here’s how to fight off intimidation and get support when you need it most ...

The EEOC and state and local agencies have been filing more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond:

Commissioned salespeople are hurting in this economy, but their employers may be feeling the pinch, too. Take, for example, Rick Case Enterprise, a company that owns several Broward County auto dealerships.

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.

Whistle-blowing employees almost always expect to experience retaliation. They start looking for it as soon as they file a complaint or bring a safety issue to their employers’ attention. Smart employers anticipate this and make absolutely sure that any discipline, layoff or other adverse employment action is wholly justified before they implement it.

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

Sunday’s Washington Post ran a front page feature article reviewing the first two years of Michelle Rhee’s tenure as the chancellor of Washington, D.C.’s public school system.  Thanks in part to extensive national coverage like the Time magazine cover to the right, Rhee has become the face of education reform in the United States.  As the article notes, what’s playing well nationally isn’t playing so well at home.  In fact, it begins by recounting the story of D.C. Council Chairman Vincent Gray asking Rhee when the Time cover came out, "Michelle, why would you agree to be photographed with a broom on the cover of Time magazine?" He had a couple of follow up questions for her including "What does it get you, to constantly bash those you're trying to get to help you?" and "Why did you let the picture be taken in the first place?”

Those are some pretty good questions the Chairman asked. Rhee herself acknowledges that she has made some missteps in her first two years in the job and that the grade for the DC public school system thus far is an incomplete at best. Reporter Bill Turque does a nice job of summarizing Rhee’s lessons learned thus far as:

Lesson 1: Fame Can Backfire – Rhee’s national celebrity has alienated some of her key constituencies like DC teachers and parents.

Lesson 2: Money Doesn't Always Talk – A potential 61% increase in base pay for teachers won’t get you very far if they don’t trust you.

Lesson 3: Politics Matters – As Willy Loman’s wife, Linda, said in Death of a Salesman, “Attention must be paid.”  If you’re working in a political environment as Rhee is, you have to pay attention to the politicians.

Lesson 4: Beware Unintended Consequences – It’s called a school system for a reason.  As is the case with any system, when you change one variable (e.g. closing schools, reducing central staff, adjusting pay plans), the entire system changes, sometimes in unexpected ways.

Being a smart and talented person,  Rhee has adjusted her approach in some ways perhaps most notably in paying more attention to the City Council and teachers’ unions. Still, in reading between the lines of Turque’s article, I think I see some indicators of potential future trouble for Rhee.  These add up to caveats for any leader charged with securing radically different results. Not that she’s asked, but here’s my advice for Rhee and leaders in comparable situations:

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.

Under the new economic stimulus law—the American Recovery and Reinvestment Act of 2009—you can deduct state and local taxes paid to purchase a new vehicle. The rules seem straightforward enough, but watch out for a few interesting twists and turns. Strategy: Do the tax homework before you buy a new set of wheels.

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

A savvy real estate owner can postpone tax by selling property on the installment sale basis. But you may be able to postpone the tax bill even further. Strategy: Consider using a “wraparound sale.” In effect, you offer to carry the buyer’s note to facilitate the sale of the property.

Suspending contributions to employees’ retirement accounts can immediately save an organization some cash. As the recession wears on, more businesses are looking at that option. Still, few are actually taking this step, and the ones that are have said it is temporary.

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.

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

You now have a new tax incentive to invest in fledgling corporations, thanks to the new economic stimulus law. You might even want to plow some money into your own company. Strategy: Buy new “qualified small business stock” (QSBS).

The cost of retirement benefits are one of the flies in the ointment of Chrysler’s plan to close eight plants—including its Twinsburg, Ohio, stamping facility. To help cut long-term expenses, the bankrupt company plans to offer lump-sum buyout payments to some members of the United Auto Workers.

If an employee is taking FMLA leave to care for a newborn or to adopt a child, you can require the person to take any planned FMLA leave in one session. FMLA intermittent leave is not guaranteed for birth and adoption the way it is for other serious conditions that require periodic care.

Ask your employees to focus on razor-thin, challenging targets, and they might fail or do something unethical. Instead, use this 10-point checklist when setting performance goals for others:

A Houston manufacturing company has paid $1.6 million in back wages to 1,751 employee, a federal jury in Newark has awarded $2.5 million in damages to 343 sales managers employed by office superstore Staples and even the feds can’t keep overtime law straight. Overtime violations were on the rise this month. Here's a rundown of a few recent cases.

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.

You may think your managers know how to respond to harassment claims. But what if those complaints are about male-on-male or female-on-female harassment? That’s not what harassment looked like in the training video! Would your managers shrug it off--as in the following case--by saying, “Don’t be so sensitive. Go back to work!” If so, get ready to write a big check—and don’t be so “sensitive” about how many zeros your company might have to put at the end.

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.

Richfield-based electronics retail giant Best Buy is adjusting its business plan in response to the economic downturn. The move will cost 250 jobs in Richfield, but the company plans to hire 210 additional people.

Employees are eligible for FMLA benefits if they have worked for their employer for a total of one year and at least 1,250 hours in the last 12 months. The criteria don’t stop there. Employers must comply with the FMLA if they employ 50 or more workers within 75 miles of the employee’s workplace. But what if some of those employees work out of their homes?

Employees who’ve been fired have little to lose—and they’re quite likely to see a lawyer about possible litigation. Right off the bat, you can expect that attorney to check whether the employer conducted a real investigation before making the termination decision.

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.

As the auto sales cluster bomb continues to send shrapnel throughout the industry, Honda is cutting production at its Ohio manufacturing facilities to cope with the damage.

A federal jury in Newark has awarded $2.5 million in damages to 343 sales managers employed by office superstore Staples. The court determined the retailer misclassified the managers as exempt from the Fair Labor Standards Act when they were not.

Q. Historically, we do not pay overtime to our commissioned telemarketers. After all, they are paid strictly on commission, not by the hour. Some employees are now complaining that we are paying them illegally by not paying overtime for weeks in which they work more than 40 hours. Are they right?

The first-time homebuyer credit created by last year’s housing law didn’t do much to stimulate home sales throughout the country. But the new economic stimulus law sweetens the pot. Most homeowners no longer have to repay the credit! Strategy: Encourage family members to pounce on this juicy tax break.

The EEOC and state and local agencies have been filing more administrative charges in recent years and that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond.

Smart compensation pros can use this recession as an opportunity to re-evaluate how they pay employees. Here are four recession-smart compensation strategies that you might decide to continue even after the economy rebounds.

Add another big company to the list of those accused of shorting employees for overtime pay. A sales representative who worked for anti-virus software publisher McAfee recently filed suit claiming it violated the FLSA by failing to pay him overtime.

Good news when it comes to disciplining disabled employees for breaking behavioral or dress code rules: You can and should hold the disabled to those rules, along with everyone else.

Minneapolis-based Target, the nation’s second largest discount retailer, has announced it will cut 1,000 jobs in Minneapolis alone. Those cuts include 400 open but unfilled positions, in addition to 600 layoffs.

The EEOC and state and local agencies have been filing more and more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly.

Fifteen companies headquartered in California have made the 2009 Fortune magazine “100 Best Companies to Work For” list. Why did so many California companies make the list? Great benefits seem to be the reason.

Nothing—not even a sexual harassment suit or EEOC investigation—will consume as much of your time as a class-action overtime lawsuit. Your best bet: Thoroughly review your pay practices to make sure you aren’t making any wage-and-hour mistakes. Do that before the litigation hits.

Following two short-lived CEOs, Nicholas Chabraja found himself at the head of defense contractor General Dynamics in 1997 with plenty of cash but weak sales. Chabraja changed that. He acquired 50 companies and multiplied revenues 10 times over.

Discrimination at work is perfectly legal in some countries, and foreign-born managers and executives who work for U.S. employers may sometimes say things that show ignorance of U.S. laws. Those words can come back to haunt an employer that is sued for age discrimination.

It hasn’t been much fun at a whole lot of workplaces lately. Half an hour into a meeting, one CEO asked, “Are we having fun yet? In the past 24 hours, who’s had the worst business experience?” As they joked about each horror story, the tension lifted.

You have to wonder what they’re thinking when directors snap up CEOs with records of spectacular failure. Robert Nardelli from Home Depot to Chrysler; Don Carty from American Airlines to Virgin Airlines; and George Shaheen from Webvan to Siebel. All went down in flames, yet ejected unharmed.

If you think you might be leaving your job, voluntarily or not, you’ll need a comprehensive search strategy. Using a headhunter for yourself isn’t the same as using one to fill an HR position on your staff. You should be familiar with the two types of search firms: contingency and retained.

When it comes to sales lead generation, Alan Bayham, president of Bayham Consulting, believes sales representatives must tailor their approaches and messages based on a buyer’s behavioral type. According to Bayham, buyers fall into one of four categories:

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.

While just calling in sick without further explanation may not trigger an employer’s obligation to see whether an employee needs FMLA leave, the more details she provides, the better the chances that the information constituted FMLA notice, which would require the employer to follow up.

Employers may be in for a nasty shock if they assume that an employee who can’t return to work full time after taking FMLA leave doesn’t have the right to reinstatement. If they can perform the essential functions of their jobs on a part-time basis, then employers may have to agree to a reduced schedule.

Roberto Hernandez, who used to work in American Apparel’s inventory and IT operation, claims he was fired for refusing to pad the company’s stats at CEO Dov Charney’s request. Now he’s filed suit against the company, alleging wrongful termination, breach of contract, infliction of emotional distress and other charges.

Three former Mervyn’s employees recently filed a lawsuit against the bankrupt department store company for violating the federal WARN Act when it suddenly fired hundreds of workers last year.

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.

One online advertising tactic attracting the attention of growing businesses is the microsite. How do you know if your business needs a microsite? Internet marketing and e-commerce expert Sabah Karimi says to look for these four telltale signs:

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:

A New Jersey appeals court has held for the first time that an employee has no reasonable expectation that personal information stored on work computers is private—even if the employee has created a separate password to protect the information. Employers have the right to search work computers.

Managers may dread performance reviews, but employees are more receptive to them than you think. In fact, 77 percent of employees polled by staffing firm OfficeTeam said they consider performance reviews valuable. Only 8 percent said they weren't valuable at all. Advice: Managers must be alert to these four potential pitfalls that make reviews less effective and heighten the legal risk:

Preparing your tax return every year is a hassle. But you can boost your spirits by taking full advantage of the tax goodies available on your 2008 return. Although everyone’s situation is different, here are seven proven ways to cut your tax bill.

“Penny Pincher’s Almanac” columnist Gene Marks tells BusinessWeek that for many small businesses, a web page can work just fine: that is, a page with basic, important information, such as contact information and maybe a photo or two.

An old blog post about greed really pointed the way to the condition the economy is in right now. Almost two years ago, when the rest of the business world was still go-go-go, the Slow Leadership movement founded by retired corporate executive Adrian Savage warned against short-term decisions driven by greed.

The massive new “American Recovery and Reinvestment Act of 2009” signed by President Obama on Feb. 17 is bursting at the seams with tax breaks designed to help both individuals and small businesses. Here’s a roundup of 14 tax strategies under the new law.

Several states, including Illinois, California, Massachusetts and New York, are getting tough on employers that violate sales-tax laws, according to an Associated Press report. Researchers at the Tax Foundation say smaller businesses tend to be the biggest tax evaders.

In his new e-book, How to Sell More in a Down Market: The Leadership Secrets of Dynamite Sales Results, Randy Goruk neatly sums up what leaders know ...

Dulzia Burchette, a black former saleswoman for the preppy-glam Abercrombie & Fitch clothing store chain in New York City, is suing the Ohio-based retailer for racial discrimination.

Settling with an employee who has filed a discrimination lawsuit? If the EEOC gets involved, it can continue the case on its own—and may be able to get a court to order you to take corrective measures that go far beyond your settlement terms. That’s one good reason to conduct your own thorough investigation before you settle with the employee.

Raise your skepticism level a few notches—and tell supervisors to do the same. Experts say the sinking economy is leading to desperation from both employees and applicants.

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 ...

Oops! Wal-Mart’s paying the largest settlement ever for Fair Labor Standards Act (FLSA) violations—a whopping $640 million! Even small employers can be liable for huge penalties if they violate the wage-and-hour law. That’s why HR Specialist’s upcoming Labor and Employment Law Advanced Practices Symposium features a session titled “Wage & Hour Litigation Rages On—The 10 Most Common Mistakes (and How to Avoid Them)." Meanwhile, here’s a primer on FLSA compliance.

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.

Are you considering holding your next big business event at a resort? Aim to site-inspect as much as you can before you leave home, advises Amy Pfeiffer, managing sales director for the Walt Disney World Resort.

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.

Chris Gardner went from rags to riches, chronicling his story in The Pursuit of Happyness. His career began modestly with a stint in the U.S. Navy followed by a job as a medical supply salesman. Then came a pivotal moment. In a parking lot, a man driving a red Ferrari was looking for a space. Gardner wanted to be that guy and took the necessary steps.

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.”

Watch out for deductions that fall through the cracks. Here’s a list of out-of-the-ordinary deductible business expenses you might overlook.

Under the Fair Labor Standards Act, employees fit into one of two general categories—they are either hourly or exempt. But sometimes, an employee’s job may seem to fit into more than one category. If that’s the case, don’t be shy about noting that in the job description.

The turnover rate is high at your company. You’re even conducting exit interviews with every departing employee to find out what’s going on, but nobody talks. Chances are you’ve got some bad bosses. Maybe even some bullies. Only recently have scientists started looking at why cruel bosses thrive.

If every employee who got depressed or anxious after receiving a poor performance review or trying to satisfy a demanding boss could sue, the courts would have little time for anything else. That may be one reason that courts have been rejecting ADA cases based on stress and anxiety brought on by work conditions.

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.

Soon after a Pennsylvania sales company hired Tamara Klopfenstein as a receptionist, she had performance problems right away. But the real trouble began when Klopfenstein received an e-mail from a VP that said one of her “many responsibilities … is making and getting coffee.”

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. ...

Wyoming has the best tax system, and New Jersey the worst, for “business friendliness,” reports the Tax Foundation’s 2009 State Business Tax Climate Index.

As you gain more responsibility at work, knowing how to delegate comes into play. Here’s the smart way to delegate work.

Dulzia Burchette, a black former saleswoman for Abercrombie & Fitch, is suing the company, claiming racial discrimination and harassment. Burchette says she was harassed when she came to work at the company’s Fifth Avenue store with blonde highlights in her hair.

Recruiters and account managers can work half-time at Matrix Resources, an IT staffing firm in Atlanta. The organization created job-sharing teams several years ago, allowing two employees to share one job so each can work half-time.

If some of your employees work under an employment contract that sets salary and other terms, be careful about changing anything. While you may need to cut salaries during tough economic times, doing so without getting a written modification is risky.

If some of your managers and supervisors steer career and business opportunities to favored subordinates and keep others from finding out about them, watch out. If those missed opportunities wind up depriving employees of potential financial rewards, that could lead to discrimination lawsuits.

The American Family Association (AFA) ended a five-month boycott of Oakbrook-based McDonald’s after a company executive resigned his seat on the board of the National Gay and Lesbian Chamber of Commerce.

Q. We just hired a salesperson from a competitor. We warned her not to take proprietary information from her former employer, but she says what is on her personal laptop is her information. Is there any risk for us from that laptop?

LA Weight Loss, which was renamed Pure Weight Loss in 2007, has settled a lawsuit filed against it by the EEOC. The agency had alleged a nationwide pattern and practice of sex discrimination at locations across the country ...

Mimic something that works in another industry to fix something that doesn’t work in yours. Irwin Gotlieb did that in advertising sales. Now he’s the most powerful ad man on Madison Avenue.

“Could I ask you to repeat your name one more time?” Admins who hate asking that question may fear that they come across as incompetent or unprofessional. The truth, though, is that they just want to get it right. Here are top tips from other admins on handling on-the-phone situations.

Who Moved My Cheese?, a simple parable about change, is celebrating its 10th anniversary and is now the best-selling business book of all time. What exactly is it about this slim volume that a basic reader can swallow in 45 minutes?

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.

Most employment contracts are written documents prepared with the assistance of an attorney. However, an employment contract can be oral, written, or partially oral and partially written. If an employer isn’t careful, it’s easy to unknowingly enter into an employment contract with an employee.

Did your company overpay its estimated tax for 2008 due to a slowdown in holiday sales or fluctuating income throughout the year? You can recoup the overpayment before you file your corporate tax return in March (or later if you apply for an extension).

In June, Gov. Ed Rendell signed into law the Clean Indoor Air Act (CIAA), which regulates smoking in places across the commonwealth (except the city of Philadelphia because it already has a similar smoking ban in place). The CIAA prohibits smoking in indoor areas such as enclosed public places, restaurants, nightclubs and workplaces ...

Eight women from the Tampa Bay area have joined an EEOC class-action lawsuit against Sterling Jewelers, owner of Jared, Kay Jewelers and Marks & Morgan stores. The lawsuit alleges that Sterling pays women in retail sales positions less than men and denies them promotions ...

Several states, including Illinois, California, Massachusetts and New York, are cracking down on sales tax cheats to fill state coffers drained by the tanking economy, the Associated Press recently reported.

Sometimes, it seems employees and their lawyers can take even the most innocent event or evidence and find a way to twist it into a discrimination case. That’s why it’s important for employers to have solid reasons for all decisions. You never know when someone is going to second-guess you ...

A crack trio of loss-prevention officers hired by Nordstrom in King of Prussia has been arrested for allegedly operating a theft ring. Rozita Davani, former loss-prevention manager, along with Marguerite Willis and Athina Theodoridis, former loss-prevention agents, allegedly began stealing from the store’s mailroom in May ...

True independent contractors aren’t covered by the Fair Labor Standards Act (FLSA). Employees are. But sometimes it’s hard to tell who is a true independent contractor and who isn’t.

Employers have the right to meet business needs by changing the jobs their employees do, and they can set the minimum qualifications for any new positions they create. It’s the company’s prerogative to then decide whether to replace existing employees with others who meet the requirements.

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation ...

The EEOC has filed a class-action gender discrimination lawsuit against Sterling Jewelers in U.S. District Court for the Western District of New York in Buffalo.

Several states, including New York, Massachusetts, California and Illinois, are cracking down on sales tax cheats to help fill state coffers drained by the tanking economy, the Associated Press recently reported.

The federal “bailout law” extends a variety of tax breaks that had expired after 2007. Generally, the extensions continue through 2009. Here’s how you can take advantage of the tax goodies under the tree this year.

If your performance evaluation is at least six months away, start tracking now the value you bring to your job, especially if you want a raise. That’s according to David Lorenzo, managing partner at The Gallup Organization and author of Career Intensity.

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.

Now that President-elect Obama’s administration is taking shape, what can taxpayers expect in the next year? Here are a few key proposals made by Obama late in his campaign.

As baby boomers prepare to retire, offices are left to figure out: “How do we make sure all their know-how and institutional memory are left behind?” Here are a few tips for capturing admin knowledge before it walks out the door, and making sure it sticks with younger generations ...

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 talk doesn’t belong at work. Period. If you don’t ban racist comments, you’ll probably face an EEOC lawsuit ...

When a masked man pulled a gun on employees as they opened an Aaron Rents store in Atlanta and demanded cash, the workers complied, handing over roughly $5,000. But when the robber, Shawn Henderson, asked for more, the employees decided to fight back ...

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

Three former employees of Metaldyne Corp. in Plymouth have pleaded guilty to plotting to steal trade secrets and sell them to industry competitor Chongqing Huafu Industry Co. of Chongqing, China ...

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 ...

The basic tax rule is that gains and losses from sales of securities and other capital losses cancel out each other. In addition, you can use any excess loss to shelter up to $3,000 of ordinary income (from salary, interest, etc.) from taxes. Strategy: If you’re showing a net capital loss for the year, realize a capital gain ...

There’s nothing funny about layoffs and pay cuts, but they’re no reason to lose your sense of humor at work, especially during a season that’s supposed to be fun and festive. Managers can do their staffs a huge favor during these tough economic times by lightening up the workplace.

The new federal housing law nips a popular tax strategy in the bud. Previously, you could avoid tax on the sale of a vacation home “converted” into a principal residence. But starting in 2009, nonqualified use counts against you for sales after 2008. Strategy: Move—literally—before the end of the year ...

Q. We are a startup company seeking investors, and we currently have limited cash flow. The company’s founders own the company on a 50/50 basis and are serving as the company’s officers. We can’t afford to pay them, and they are willing to work for free as part of their investment in building the company. Can we do that?

Sometimes, it seems employees and their lawyers can take even the most benign evidence and find a way to twist it into a discrimination case — even something as innocent as including photographs of applicants and employees in personnel files.

Before you hand out cell phones, laptops and BlackBerrys to everyone on your staff, understand that such tech tools may expose your organization to legal liability. Two legal minefields are particularly worrisome ...

Question: What 10 two-letter words sum up leadership?

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit ...

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.

When one of your employees confides in her manager that she’s being harassed by a co-worker, what will that manager say? Hopefully, it’ll be something more constructive than “Go along with it."

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 ...

Don’t take no for an answer when it comes to asking your boss for career advancement opportunities.

Several states, including New York, Massachusetts, California and Illinois, are cracking down on sales tax cheats to help fill state coffers drained by the tanking economy, the AP recently reported. Small businesses tend to be the biggest tax evaders, according to researchers at The Tax Foundation ...

If you’re a surviving spouse, you can qualify for the $500,000 joint-filer home-sale gain exclusion if you file a joint return for the year of your spouse’s death and sell your home in that year. But this rule gives you precious little time to make plans during an emotionally charged time. 

Even though most business property must be depreciated over a period of time, you can still speed up write-offs if you’re armed with tax knowledge. That’s because your not-so-secret weapon—the Section 179 expensing allowance—lets you write off most or all of the cost of most business assets in the very first year of ownership! Here are the ground rules.

Employees can save between 5% and 20% on their home and car insurance if they buy it through your organization’s voluntary benefits program. That can be a welcome relief to an employee whose health insurance premiums are steadily increasing, and a way for employers to give workers a break on another necessary expense ...

HR often writes vague and uninspiring mission statements that exclude business goals. Take the following steps to create a mission statement that lays out HR's practical vision for contributing to the company's strategic plans ...

Rapid growth often incites the minds of entrepreneurs, but for businesses that lack the capital, staff or infrastructure, the outcome is financial distress and failure.

Few organizations can boast that 90% of their employees use flexible work arrangements. Yet the majority of employees at AstraZeneca’s Wilmington, DE, headquarters use flexible work options ranging from compressed workweeks and part-time schedules to telecommuting and job sharing ...

Once you know your people, you can design individual motivators that really work, and armed with this you will now become incredibly empowered as a motivator.

Seems like many employees view flexible work arrangements as an entitlement these days—maybe because HR has pushed the idea for years as a way to accommodate work/life conflicts. Putting more structure and accountability into the process makes flexibility less of an ad hoc perk. Here are four ways to structure flexible work arrangements in a more systematic way ...

Seems like many employees view flexible work arrangements as an entitlement these days. Putting more structure and accountability into the process makes flexibility less of an ad hoc perk. Here are four ways to structure flexible work arrangements in a more systematic way.

This national audio seminar lays out a step-by-step guide for everyone—even the nervous, pushy, impulsive or tongue-tied—who wants to negotiate a better deal in the office, in the boardroom ... and in life!

The problem with standardized reward and recognition programs is that they are completely impersonal processes. Instead of thinking about the specific people involved, the company provides the same generic awards to everyone. But when an element of fun and play is added, the experience becomes personalized and much more memorable for the award recipient, without additional financial expense ...

Employees love company cars, especially if they frequently drive to client sites and are allowed to drive the cars home. Whether your organization supplies the sought-after sedans to staffers who drive around for business—such as sales reps and IT repair techs—or as a perk for valued employees, the road will be smoother if you set down clear policies in writing ...

You expect colleges and universities to prepare your youngest workers for their new jobs. But are you prepared for them? Twentysomething employees expect the workplace to greet them with technology that is no less cutting edge than the tools they use in their personal lives and on campus. Here are seven ways to use technology to retain Gen Y’ers ...

Minnesota has a two-tiered minimum wage. Large employers (with annual receipts of $625,000 or more) must pay workers $6.15 per hour. Small employers (with receipts of less than $625,000) must pay $5.25 per hour. But many of those small employers must also comply with the federal Fair Labor Standards Act, which requires paying a minimum wage of $5.85 per hour ...

Q. I sold stock at a loss on Jan. 11. My broker says the wash sale rule applies because I had purchased more shares of the same stock two days before. Is this true?

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions ...

AT&T Corp. and BellSouth Corp., based in Atlanta, have been hit with a class-action unpaid wage and overtime lawsuit in U.S. District Court, Northern District. The lawsuit seeks back wages for time worked before and after shifts and during meals and rest breaks on behalf of employees in call centers in several states ...

You may remember a case that garnered lots of publicity a few years ago. A saleswoman claimed that her employer’s team-building activities were really a form of sexual harassment. A jury agreed, giving her $1.4 million in damages for having to endure public spanking and other indignities. Now the employer will get another shot at the case in front of a new jury ...

 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 ...

Q. Our company would like to start a program where all sales employees will use cell phones that have GPS monitoring. We want to keep track of where employees are so we can make sure they make their sales calls in their own territories and are not wasting time. Is this OK to do? Must we tell employees about the GPS monitoring? What about tracking employees after hours? ...

Last year, while you were hard at work, so was the New York Legislature. Lawmakers passed a record number of laws affecting employers in 2007. Some laws you may have read about, while others you may have missed. Make sure you're up to speed on new state laws that surely will impact how you manage employees in 2008 and beyond ...

It may seem like common sense, but now the Supreme Court of Ohio has issued a clear ruling: Employees who can’t work because of injuries or illnesses lose their workers’ compensation benefits if they regain the ability to make a living by breaking the law ...

When office romances sour, scorned lovers often use Title VII to allege that their former lover was a sexual harasser. And even if the lovers are happy, workplace romances can cause problems in the office or on the shop floor. If co-workers feel a love affair results in favoritism, the relationship may lead to charges of conflict of interest, harassment, retaliation or discrimination ...

Commissions are a great way to motivate some employees to work harder. Usually a contract spells out the commission terms and how the payments work. But if the contract is the least bit unclear, expect trouble—especially if someday you have to discharge a commissioned salesman for poor performance ...

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.

While workplace bullying certainly has existed for as long as mean people have worked alongside others, only recently has it emerged as an issue for the courts to handle. As awareness of “workplace bullying” arises, so does potential litigation and liability for employers ...

Do you want to see how your state ranks in terms of business tax competitiveness? The Tax Foundation’s State Business Tax Climate Index ranks how“business-friendly” the 50 state tax systems are, providing a road map for state lawmakers concerned with keeping their states tax-competitive and businesses looking for tax-friendly locations.

Roger Lee Dillon, an employee of armored car company AT Systems International, allegedly coordinated a complicated heist from a company garage in Liberty late last year. Retail receipts from Thanksgiving weekend sales were the targets ...

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 ...

Employers often ask: “Will I be liable if one of my independent contractors injures someone?” The short answer is, “It depends.” A recent case from the North Carolina Court of Appeals adds new considerations to the long answer ...

Staples Inc., the office supply retailer, announced that it will pay $38 million to settle overtime claims brought by California employees. The settlement ended a suit between 1,700 operations and sales managers in California who claimed they were misclassified as exempt executive employees under state law ...

Jacqueline Bowbin sued Bulkmatic Transport Inc. for gender discrimination, alleging violations of the Equal Pay Act. In 2006, Bowbin claims, her supervisor told her she would be well into a six-figure salary with bonuses and stock compensation. But that year, Bulkmatic apparently did not award either, companywide. Bowbin cried gender discrimination ...

If there’s one situation in which the HR function really earns its keep, it’s when an employer faces the prospect of having to discharge an employee. Sometimes—if a subordinate has a legitimate complaint against the supervisor, for example—the supervisor harbors illegal retaliatory motives. That’s when it’s best to have an independent decision-maker involved ...

If your organization pays some employees on a commission basis, it may be a good idea to put it in writing. Relying on just an oral agreement may lead to trouble down the road—especially if the employee quits and says you owe him money. Without a written agreement spelling out the commission terms, a lawsuit probably will come down to his word against yours ...

The IRS assumes that the first shares you bought are the first you sell. Don’t automatically go along with that assumption. Instead of using the FIFO method, you can specifically identify securities you intend to sell, which may save tax dollars.

As one of your firm’s heavy hitters, you may be granted stock options as part of your compensation package. Which type of option do you receive? It can make a big tax difference in the long run.

Kia Reid, a former sales representative at a Sheraton Suites hotel in Philadelphia, was sentenced to eight months in a community corrections center plus two years of probation for sending a threatening note to her supervisor, who is an American Muslim of Arabic descent ...

A salesman for Spring Hill Ford in East Dundee sued the company for race discrimination after he was fired for tardiness. Harland Creal admitted reporting to work 45 minutes late one afternoon in May 2005, but said his supervisor reprimanded him on the showroom floor and then became angry and orally abusive ...

Florida’s minimum wage rises to $6.79 per hour on Jan. 1, 2008. Florida law requires the Agency for Workforce Innovation to adjust the minimum wage annually to reflect changes in the U.S. Consumer Price Index for urban wage earners and clerical workers in the South. The index rose 1.85% in the year ending Sept. 1, 2007 ...

Sometimes, employees who finally come forward and allege they worked in hostile work environments will reach back years—even decades—to catalog the harassment they claim they experienced. The sheer weight of the list may unfairly sway juries. But fortunately for Michigan employers, there is no continuing-violation claim available under the Elliott-Larsen Civil Rights Act ...

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 ...

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 ...

In a company downsizing, management may make what seem like capricious decisions on who stays and who goes. That can be a huge problem if an older employee suspects age discrimination and sues—especially if there are other smoking-gun signs of discrimination, such as a supervisor’s apparent antipathy for older workers ...

Your organization is trying to hold the line on benefits costs, but you still want to offer competitive perks. One good way: Provide extra days off—a low-cost benefit that employees highly value. Organizations of all sizes can use the tactic ...

Judge Saundra Brown Armstrong of the U.S. District Court for the Northern District of California has decertified a class action in an overtime suit involving FedEx Kinko’s managers. According to Armstrong, the 490 “center managers” in California were executive employees and therefore exempt from overtime pay under California law in spite of the fact that they reported to other FedEx Kinko officials ...

The U.S. Supreme Court refused to hear a sex-discrimination case brought by a general manager of a Best Buy store in Savannah. The lawsuit accused Best Buy of firing the manager because she complained to a company hotline that her supervisor sexually discriminated against her ...

Plenty of companies use paid time off banks in lieu of rigid leave plans that designate a specific number of days for vacation, sick and personal time off. Now newer leave plans are going even further, doing away with the concept of tracking leave time altogether. Weigh the pros and cons when deciding whether unlimited leave is right for your organization.

Sometimes employees who are in trouble for poor performance try to protect themselves by reporting incidents that don’t come close to being sexual harassment. They figure that their employer won’t fire or otherwise punish them for fear of a retaliation lawsuit. But you can take heart: It’s not protected activity just because someone reports an incident. If—when viewed objectively—the conduct being reported seems far from harassment, reporting it isn’t protected, and the employee can’t charge retaliation ...

A nation embroiled in war tends to be jittery and tempers run high. When anger and emotion seep into the workplace, things can get ugly. That’s why it’s important to remind everyone that you won’t tolerate comments, gags or jokes aimed at employees who may share ethnicity, religion or national origins with the “enemy” ...

When it comes to special consideration for parents, the FMLA and the Pregnancy Discrimination Act provide limited protection. Employees expecting a child or with child care responsibilities are entitled to unpaid FMLA leave, and pregnant women can’t be discriminated against because of pregnancy. That doesn’t mean, however, that you can’t require reasonable travel and punish those who refuse if they aren’t taking FMLA leave or don’t have any pregnancy complications that prevent travel ...

While you can encourage employees to follow certain Judeo-Christian values at work, such as cooperation, honesty and kindness, it’s never appropriate to require adherence to a particular religion or religious practices. Even if your organization’s leaders have strong religious beliefs, it must accommodate workers who don’t agree with that stance. That may mean excusing workers from retreats, prayer groups or other religious-based activities ...

The ADA requires employers to make reasonable accommodations for disabled workers. That can mean modifying the employee’s existing job so he or she can perform the essential functions. But disabilities can change over time, and an accommodation that’s worked for years may stop working. If that’s the case, the disabled employee and his employer are both obligated to engage in another interactive accommodations process. However, if the discussions reveal that no amount of accommodation will allow the employee to do the job satisfactorily, it’s time to look for other solutions ...

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 ...

If your organization is planning an extensive reorganization or creating an entirely new subsidiary, take care to consider the impact on older workers. If, in the process of leaving one company entity or subsidiary and going to another, older workers lose substantial benefits they used to enjoy, you may be courting an Age Discrimination in Employment Act (ADEA) lawsuit ...

Train managers and supervisors: No age-related comments! None. A simple sentence might not form the entire basis for an age discrimination lawsuit, but it can add fuel to an otherwise-smoldering case ...

In Michigan, employers and employees can enter into employment contracts without using written agreements. As long as one of the parties can prove what the terms of the agreement are, a court may enforce the agreement. One way to protect your organization is to have all new hires sign an acknowledgment that no oral promises are binding, and that all contracts must be in writing ...

Employers were required to file a new and revised EEO-1 report by Sept. 30. The EEOC recently revised the report form for the first time in more than 40 years. Did your organization comply with the new reporting requirements—or will you need to make changes? ...

If you’re holding the line on pay raises, you’re in good company. Three new surveys agree that most employers will raise salaries between 3.8% and 3.9% for the second year in a row in 2008, halting a steady upward trend in pay raises that began in 2004 ...

You might be surprised to learn that men call employee assistance programs (EAP) because of relationship troubles more often than women, and only 7% more men than women ask for help with substance abuse. It’s still true that women use the services of EAP counselors about three times as often as men. But what men and women call about is changing ...

Tom Ahl Buick prevailed in an age discrimination suit despite the fact that owner Tom Ahl told the plaintiff his Lima dealership was having a “youth movement.” He later demoted the 40-something plaintiff from his sales manager position and hired a 25-year-old former furniture salesman to take over ...

It’s a perennial HR challenge: Determining whether an employee is exempt from the overtime requirements of the Fair Labor Standards Act. We make the job easier with HR Specialist's free checklist, as well as a free white paper detailing how to comply with the law.

North Carolina’s minimum wage is $6.15 per hour, compared to the current federal minimum wage of $5.85 per hour. However, barring action by the state legislature, the federal minimum wage will overtake North Carolina’s minimum wage next year ...

In conjunction with the recent increase in the federal minimum wage, Indiana hiked its minimum wage from $5.15 to $5.85 per hour (effective July 24, 2007). Over the next two years, the state minimum wage will increase (along with the federal minimum wage) by 70 cents per hour in two phases ...

A federal judge has overturned his earlier decision in a Fair Labor Standards Act case involving several women who had been hired to sell houses in a new subdivision. The women claimed Brayson Homes owed them overtime and minimum wages ...

When it comes to recruiting and retaining, organizations don’t need to reinvent the wheel or create bold initiatives to attract and keep the best workers. Sometimes, simply doing the tried-and-true things right are all you need ...

Demand for Michigan information technology analysts and engineers will grow faster than any other career for the next five years, according to statistics compiled by the Michigan Works! Association. Here are the state’s 25 hottest jobs, along with projected demand growth rates ...

A class of pharmaceutical sales representatives has filed suit against North Chicago-based Abbott Laboratories for unpaid overtime. The lawsuit claims that Abbott, like other drug makers, unlawfully classified pharmaceutical reps as salespeople. Salespeople are exempt from the overtime provisions of the Fair Labor Standards Act ...

The course of true love, at least in the workplace, runs straight to the courtroom. But Floor Covering Associates of Joliet received a reprieve recently when the 7th Circuit Court of Appeals upheld a district court verdict in its favor ...

The National Association of Securities Dealers (NASD) fined Citigroup Global Markets Inc. $3 million to settle charges of using misleading sales materials during retirement seminars for BellSouth employees in North Carolina and South Carolina. NASD also ordered Citigroup to pay $12.2 million in restitution, and it suspended three brokers who conducted the seminars ...

Mid-State Motors of Fort Wayne will pay $1.1 million to a former sales manager for retaliating against him after he filed an EEOC complaint. The sales manager, Trent Chapin, was replaced by a Pakistani Muslim employee shortly after a new Pakistani general manager took over the dealership ...

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 ...

A Federal Court of Appeals recently ruled that auto mechanics paid on a flat-rate system are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The court found that the flat-rate system used in the auto repair industry is akin to a commission system for FLSA purposes. The case opens the door for some employers to restructure their pay system to avoid costly overtime ...

The bad news: You don't earn as much as your male counterparts. And no one wants to hear you ask for a raise. The good news: You can reinforce "Brand You" by writing a personal annual report. Here's a six-question template ...

After losing $50,000 in Las Vegas, Nestlé sales executive Henry Machinski, fearful of telling his wife, launched a scheme with gambling buddy Vincent Marchese, an Allentown grocer. They created a fictitious company, AP Foods. Machinski wrote checks to AP Foods for Nestlé promotional payments, which the pair then cashed and split ...

The new federal minimum wage of $5.85 per hour means you need to put up new posters – even if your state's minimum wage is higher. We're making it easy to comply. You can download and print official U.S. Labor Department posters – for FREE – directly from the HR Specialist web site.

Try this on for gross: A female employee gains access to her boss’s e-mail account without permission and discovers a vulgar e-mail sent by a male co-worker to the boss. The subject of the e-mail: her genitals. So, does this count as a hostile work environment? ...

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 ...

A federal appeals court has asked the New York Court of Appeals for help with an important legal question and the answer may impact how you fill out National Association of Securities Dealers (NASD) forms when you terminate an employee with a securities license ...

If you have an incentive system in which employees who sell a particular item get an additional set payment—commonly called a “spiff”—on top of other payments for selling the item, you can't count the spiff as part of the commission ...

Congress passed the Iraq funding bill, which includes an increase in the minimum wage and related small business tax breaks. Key provisions include:

New Jersey companies with operations or facilities in foreign countries can find themselves being sued in-state, even if the alleged whistle-blowers work overseas ...

The Fair Labor Standards Act (FLSA) sets strict rules for how you pay employees, including setting a minimum wage and overtime. The basic concept is straightforward ...

Q. Our organization has a four-day annual meeting for our managers, directors and leaders from 40 offices across the United States. The evening before the meeting ends, we host a large, fun, casual theme party. During this year’s party one of the sales managers from an affiliate office became so intoxicated that she had to be held up and escorted back to her room, where a hospital medical staff member stayed with her to make sure she was OK. The following day, she skipped the remaining meeting sessions and took an early flight home. Is this grounds for dismissal?

Q. We have a position open in our sales department for someone who will be planning and executing company-sponsored events, most of which would take place outside normal 9-to-5 working hours. Is there a way we can ask about the applicants’ family situations and make it clear that missing these events because of family obligations would not be tolerated?

Try this on for gross. A female employee gains access to her boss’s e-mail account without permission and discovers a vulgar e-mail sent by a male co-worker to her male boss. The subject of the e-mail: her genitals. So, does this create an illegal hostile work environment, even though the e-mail was not sent to the woman and she was never intended to read it?

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?...

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 ...

Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips ...

Don’t wait for employees to use the magic words—“sexual harassment”—to begin investigating a complaint. It’s up to you and your management team to decipher an employee’s protests to determine if they could fall into that legally dangerous harassment-complaint zone ...

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 ...

HR often writes vague and uninspiring mission statements that exclude business goals. Take the following steps to create a mission statement that lays out HR's practical vision for contributing to the company's strategic plans ...

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 ...

You may think that your organization is immune from a sex discrimination lawsuit if you hire a female employee to replace a fired female. But such "free passes" don't automatically exist ... and your supervisors should know it ...

Your unique vantage point in HR equips you to identify managers with the potential to become company leaders. By sharing your insights with top execs, you'll help build organizational excellence and make yourself more valuable. Use these tips to alert top execs to possible future leaders they might be missing ...

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 ...

With flexible schedules reaching near-entitlement status, some employers are pulling in the reins on this runaway perk.
A tighter and clearer flex-schedule policy can help you regain control over the benefit and increase productivity ...

Most of your job candidates sincerely want the job. But others may simply try to use your offer as a tool to negotiate a higher salary from their current bosses or other potential employers. Try to determine early on whether job candidates are just using you as a bargaining chip. You can save lots of time by dismissing candidates who were never truly interested ...

Union membership has fallen dramatically in recent decades, but the labor movement is far from dead. The biggest change: In 2005, the breakaway "Change to Win" movement seized control over one-third of the powerful AFL-CIO's unions. Change to Win lured the unions away by promising to shift the focus from political activism to organizing as many U.S. employers as possible. Is your business next? ...

Because customer service employees are on your front lines every day, don't just rely on a résumé and a good first impression to choose such vital personnel. New low-cost online tests can help you determine who has the right stuff ...

Giving someone an "excellent" performance rating may seem like a nondiscriminatory act. But, as a new court case shows, high praise can still be deemed retaliation if the review is worse than a previous one and it hurts the employee's ability to earn a bonus or promotion ...

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 ...

The recent sentencing of a Coca-Cola employee who tried to steal (and sell) the secret formula serves as a cautionary tale for your employees about the confidentiality of trade secrets. Here's a five-step strategy for shoring up your trade-secret walls and making sure confidential info stays in-house.

Salary surveys are plentiful, but many are poorly designed. The risk: Flawed surveys can hurt your organization's ability to compete for top people ...

It's summertime, and corporate thoughts turn to company picnics and outdoor morale-boosting efforts. One word of caution: If your team-building exercises go beyond three-legged sack races and into the realm of reality TV, you could be headed for a lawsuit ...

A new survey provides more incentive to encourage employees to buy generic prescription drugs. Generics now account for more than 50 percent of all prescriptions filled in the United States ...

Fred C. Church Insurance in Lowell, Mass., offers child care assistance for its young parents and retirement-planning advice for older employers. But it lacked benefits for workers with teenage children ... Solution: The 130-employee company added a benefit that gives employees access to counselors who specialize in the college-application process ...

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

Employees of Canada's Great Little Box Co. have a daily incentive to meet their goals: a trip on the company's dollar ...

When the U.S. Supreme Court began its new term, one of its first moves was to reject a case that could have created new responsibilities for employers in investigating sexual harassment ...

Asking employees to perform even a minimal amount of work while they're out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will ...

The Pennsylvania Wage Payment and Collections Law, the state law that requires you to pay workers on time, also says you must pay employees' legal fees when you violate the law ...

Pennsylvania employers can look to a recent 3rd Circuit Court decision to keep their bonus plans in compliance with the FMLA. The case is the first of its kind in the country and provides employers with guidance beyond that found in the FMLA's regulations. The decision is now law in Pennsylvania, Delaware, New Jersey and the Virgin Islands ...

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 ...

If you use a written commission compensation plan as part of your incentive-pay program, make sure you do two things. Otherwise, a court could second-guess your commission calculations ...

The best way to protect against employee poaching—and against employees using your organization as a training ground to start their own competing firm—is with a solid employment contract and noncompete agreement. But it will mean nothing if you break the agreement first ...

Atlanta-based Home Depot recently completed a yearlong implementation of its Deaf2Work program in Minnesota, in collaboration with that state’s employment department ...

Florida’s tax climate is the fifth best in the nation, according to the Tax Foundation’s annual State Business Tax Climate Index ...

You have the right to prohibit employees from engaging in other gainful employment while at work. But can you (or should you) ban off-the-clock moonlighting? And when should you discipline employees for moonlighting? ...

The FMLA protects employees from termination for taking leave. But that provision doesn’t kick in until the employee notifies you about the serious health condition (or relative’s health condition) that triggers the leave ...

The ADA requires employers to identify the essential functions of all jobs and make reasonable accommodations for disabled employees to perform those tasks. But if you pile too many tasks onto that “essential functions” list, you may court trouble ...

The manager of a Tampa Victoria’s Secret store recently filed a complaint alleging that the store fired her because she was pregnant. The woman alleges that management told her the pregnancy “was going to be a problem” ...

One of the best ways to make sure a termination decision sticks is to adopt a consensus approach to the decision-making ...

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 ...

When negotiating contracts with employee outsourcing firms, many organizations make background checks an afterthought and leave the specifics up to the agency. That's a  big mistake ...

Chambersburg-based Alex C. Fergusson Inc. (AFCO) must pay $50,000 to a salesman after forcing him into retirement at age 65 ...

The aim of any good harassment policy is to stop problems before they turn into a litigation nightmare. Reaching a compromise early, even when you aren’t convinced anything illegal has happened, makes sense if that settlement doesn’t lead to a retaliation lawsuit later ...

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 ...

Remind supervisors to avoid the temptation of making oral promises that they may not be able to keep, even if that means losing an employee who has another job offer ...

Your organization continuously spends time and money to replace employees wooed away by headhunters. You know the best defense against all turnover—including headhunters—is a workplace that values employees. But as a last resort, you can also turn to proactive anti-poaching strategies ...

Fortune’s latest list of the “100 Best Companies to Work For, 2007” includes five Ohio employers, led by California-based Vision Service Plan, which ranked No. 23 ...

Don’t wait for employees to use the magic words—“sexual harassment”—to begin investigating a complaint. It’s up to you to decipher an employee’s protests to determine if they could fall into that legally dangerous harassment-complaint zone ...

Incentive plans are wonderful motivational tools, but make sure yours doesn’t create an enforceable contract. That mistake may force you to pay bonuses to employees who’ve left or cause lawsuits over the payment amount ...

The best defense to a cell-phone liability claim is a comprehensive electronic communications devices policy ...

Say you want to implement a new training program for sales reps. But every time you propose a new HR initiative like this, executives question whether it can work or say the company can’t afford it. Next time, take a different approach ...

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 ...

Businesses that hire “casual” labor should be sure to check with their insurance carriers or attorneys to see if they may be liable for any injuries that occur while the casual laborer is employed ...

Remind supervisors to avoid the temptation of making oral promises that they may not be able to keep, even if that means losing an employee who has another job offer. ...

HR Law 101: The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination on the basis of "pregnancy, childbirth and related medical conditions." Employers can't deny a woman a job or a promotion merely because she's pregnant or has had an abortion ...

HR Law 101: There are two important reasons why you should conduct regular appraisals of your employees’ performance. First, periodic and competent appraisals reduce the opportunity for a discharged employee to claim unfair treatment. The appraisal process alerts employees to what you expect of them, areas in which they're deficient and how they can improve their performance. Second, appraisals constitute documented proof of unsatisfactory performance that will help you justify employment decisions ...

HR Law 101: In recent years, employer attempts to regulate what employees may do on their own time have become contentious. Many employers fear that their employees’ off-duty actions, including moonlighting, may reflect badly on them, lower productivity or, even worse, create liability ...

HR Law 101: Employee handbooks are extremely valuable business tools. But if you're not careful, your handbook could land you in court. In particular, employees are increasingly suing for wrongful discharge, pointing to a handbook they claim guaranteed them employment indefinitely ...

Q. We are planning to change the pay of one employee from straight salary to a lower salary plus commission. How can we do this without violating wage law? —G.T., South Dakota

Q. As part of our new employees' noncompete contracts, we've started including a clause that requires employees to repay the company (through payroll deduction) for training costs if they quit or are fired within one year. Are we OK legally? —S.M., Kentucky

Q. As a large retail business, we employ several “demo staffers” who present products to shoppers in the hope they'll buy them. Recently, given economic pressures, we've had to put increasing pressure on our demo staff to increase sales up to 200 percent. If a demo staffer doesn't meet the new goal, can we terminate her? Do these workers have legal recourse should they be fired? —T.P., California

Q. I have a question about the new highly compensated exemption. I have inside salespeople and their base salary is about $40,000, but their commissions net them over $130,000 a year. Could I classify them as exempt? —Michelle, California

Q. We employ sales and service reps who travel and service stores around the country. They work from their home offices, use their own cars and communicate with us via phone. We classify them as exempt. Is this correct? (Most reps are required to spend at least eight hours at each location. Some drive three hours or longer to get to each store. We encourage overnight stays under these circumstances.) —L.C., Oklahoma

Q. Our company pays out bonuses in the year after the work is completed, sometimes late into the first quarter. If an employee resigns prior to the bonus payout date (say in January), do we have to pay that employee the bonus? —A.G., South Carolina

Q. Our company pays quarterly and annual bonuses (depending on the position). If an employee is here throughout the entire quarter/year, but leaves before the bonuses are paid out, is he still entitled to the bonus? Our company has no written documentation stating that you must be employed at the time the bonus is paid. —J.S., Colorado

Q. Due to recent snowstorms, some employees have not been able to get to work. Can we dock the pay and/or accrued leave of employees who do not come to work? Can we do so even if the office is closed? Our attorney told us that the Fair Labor Standards Act does not apply to us because, among other things, our gross sales are under $500,000. —A.I., Maryland

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 ...

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 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 ...

While many employees view a transfer to a different location as a positive career move, others don't see it that way. Some employees may assume discrimination in what your organization thinks of as normal career development ...

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 ...

Your organization's investment in its mobile work force—from flight costs to technology to relocation fees—can far exceed the cost of an employee's benefits package. Still, many employers manage mobile workers in a fragmented and inconsistent way, which hurts efficiency and expenses ...

Managers traditionally use employee development plans to give employees a say in the direction of their careers and to assess the organization’s future talent pool. Instead of using the tool just to focus on what an employee’s career would look like over the next one to five years, what if you used it to focus on what the person’s life would look like during that period? ...

Employees at Amherst, N.Y.-based Ivoclar Vivadent started walking in the spring, and for 20 weeks, they didn’t stop. Thirty teams of four people each used pedometers to count their steps and competed to see who could walk the most. ...

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

While employers should typically use the same education and experience requirements for all applicants for the same position, they needn’t do so in every case ...

The U.S. Labor Department revamped the FLSA regulations in 2004 to help employers and employees understand the rules better. But, so far, the HR world has only seen more overtime lawsuits, not less ...

Image is everything, as the saying goes. But be extra careful that your pursuit of a certain work-force image doesn’t result in the weeding out of legally protected employees (females, minorities, older workers, etc.) ...

To be eligible for FMLA leave, employees must work for your organization for at least 12 months. But take note: Those months don’t need to be consecutive ...

Figuring out who should be classified as exempt or hourly is undoubtedly one of the hardest parts of an HR professional’s job. Get it wrong, and your organization may owe thousands in back pay and penalties ...

Discharged employees who sue may ask the court to order their reinstatement if they can prove discrimination ...

Waning support for the Iraq war may be making some employers less enthusiastic about following the law guaranteeing reemployment to soldiers returning from military service ...

If your managers conduct interviews, whether by phone or live, it’s a good idea to remind them to take and keep good notes of those discussions. They’ll need them in case an applicant (or internal candidate) sues ...

Lyndhurst-based Quest Diagnostics, the largest U.S. provider of diagnostic tests and services, has sued a former employee for allegedly taking confidential client information to benefit its arch rival ...

Who would have thought dropping the name “Osama” could get you out of trouble in a U.S. courtroom? ...

HR Law 101: The Fair Labor Standards Act (FLSA) covers the federal minimum wage, rules on overtime pay and child labor regulations. Since the U.S. Labor Deparment recently overhauled the overtime rules, it's critical to make sure you're properly classifying workers as exempt or nonexempt ...

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: Your contract with an independent contractor establishes payment rates and methods, the nature of the work to be completed, the deadline for completing the job and performance standards. No matter how casual the relationship or how well you know the contractor, you should always have a signed contract describing the work to be done ... 

HR Law 101: Even though job descriptions are absolutely essential, too few employers use them effectively, and some even view them as a nuisance. Every employer should maintain a file of up-to-date job descriptions for all the positions in the organization ...

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 ...

HR Law 101: Some employers and employees choose to enter into an employment contract. Usually the worker is seeking job security, while the company wants to protect its trade secrets and sales territories. However, if you sign an employment contract, you may find that you’ve given away more than you bargained for ...

Question: My boss is the head of my company and a genius-engineer type. He must have his contacts in a book rather than an electronic format. Currently, I use Outlook 2003 and have created a contact binder with tabs for Home, Personal, Medical, Business, etc.

My boss wants several contacts from the same company to be seen under one company view (one contact name under the other with phone numbers under the master company header), instead of several separate views. He also would like to see the database sorted in different ways, but he wants more configurable views rather than the several choices of view from Outlook.

In relation to this, I have several questions to other admins.

1. Would a skilled Outlook user be able to change the contact format and contact views into a more easily read format? If so, where could I get the training/knowledge (i.e., training CDs, courseware or live training) to do this?
2. Does anyone know of any other database program out there for personal contacts that is very detailed, flexible and configurable? (We've already scrapped Access.)

Thanks for any help.

-- Karen Kosmoski

Georgia’s minimum wage of $5.15 per hour currently matches the federal minimum wage (which Congress voted to increase to $5.85 per hour effective July 24, 2007). However, the Georgia Minimum Wage Law differs in some key aspects from the federal minimum under the Fair Labor Standards Act ...

Pennsylvania’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is administered through the Pennsylvania Department of Labor ...

The Pennsylvania Workers’ Compensation Act covers all employers in the state and provides wage replacement for employees hurt on the job. The law provides payments to employees regardless of fault. That is, to earn benefits, injured employees don’t have to prove that their employers were negligent; they need only prove that the injury occurred at work. Sounds simple, right? It’s not ...

As of Oct. 1, 2006, the minimum wage in New Jersey is $7.15 per hour ($1.30 per hour higher than the new federal minimum wage effective July 24, 2007). For full-time college students, employers may pay as little as 85 percent of the minimum wage ...

The New York Wage Payment Law sounds rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes, with fines of up to $20,000 per violation ...

As of Jan. 1, 2007, California employers must pay a state minimum wage of $7.50 per hour, which increases to $8 per hour on Jan. 1, 2008. The minimum wage applies to all workers except ...

As of Jan. 1, 2007, the minimum wage in Ohio is $6.85 per hour. Employers with gross sales of less than $250,000 may continue to pay the federal minimum wage ($5.85 per hour effective July 24, 2007) ...

The Ohio Wage Payment Law seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes ...

Effective July 1, 2007, employers must pay workers the Illinois minimum wage of $7.50 per hour. The minimum wage applies to all workers except ...

In March 2006, the Michigan legislature passed a new minimum wage law, but then amended it in August to address concerns that the new rate would entitle large segments of Michigan’s work force to overtime pay ...

Crash! That was the sound of the IRS coming down hard on private annuities. In the form of proposed regulations, the IRS wants to eliminate some of the income-tax advantages of selling appreciated property, such as real estate, in exchange for a private annuity.

If you’re in the market for a new car, close the deal in the next few days.

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: I work in the office management/HR department. My manager recently told me that the VP of sales wants me to be part of the sales department to make outreach calls (while still being part of the OM/HR department). I appreciate that he sees what I am capable of doing and I would normally be excited about the opportunity, but here is the situation:

A couple of months ago, I was asked to join the sales department as a rep for South America and the Caribbean. I decided to take the move into the sales department and was excited about using my Spanish skills and learning the other side of the company. I tried it and I learned a lot, but realized that it wasn’t for me.

During that time, I was supposed to receive a performance review after three months. Instead, I received a write-up (but not really). The write-up stemmed from an incident with a co-worker. I did not take it any further than that incident itself, and it was obvious that the co-worker discussed it with the manager and the manager took her side without even discussing the situation with me.

I was furious, but being the person that I am, I kept my mouth shut and decided that I should go elsewhere.

Am I wrong in thinking that the move from administrative assistant to sales rep should come with an increase? I know for a fact that if someone were to be hired from the outside, he or she would make a lot more than I would and that I would never receive such a jump in my salary because it's an inside move.

Anyway, I was changed from being a rep for South America and the Caribbean to a rep for the East Coast. Even though the manager knew I was not ready for such a fast-paced region, she decided to throw me into the water because she had to take on another role and would not be in the office for support. It did not work out.

During my job search, an opportunity came up to return to my previous position in the OM/HR department, and here I am.

My current manager understands that I am not comfortable with going back to sales and why. There is an obvious lack in management skills and I didn’t receive the raise that I was offered when I took the position, among other issues. The problem is that she said I should be a team player and that, traditionally, when one is asked to help, one shouldn’t say "No."

My current position already requires me to be a team player all the time and go above and beyond my title to complete the jobs of two co-workers who are not efficient workers. I told my manager that I would not take the position without an increase. I'm trying to stand my ground, but it seems like the VP is making this a mandatory change. What do I do now?

Please help!  -- Anonymous

Question: I know before I start this that I'm going to sound like a shrew, but there is just no tactful way to put this.

I'm an executive secretary/admin for our company president and vice president of sales for a privately held manufacturer. We have about 500 employees at this location, and 150 of them are office personnel. Only three admin people serve this whole office. As I said, I have two executives and numerous requests from other managers, corporate personnel, as well as field sales personnel.

This is my complaint: On numerous occasions, we've catered lunches for meetings and mill visits. These meals are always delivered, served and taken away with little disruption of an admin’s day.

My VP of sales, however, is forever deciding to have a "working lunch," for which I have to order, pick up and deliver to him and others. This is at least one day a week, unless he’s traveling. Occasionally, our president will request this service, also.

These are usually orders for only three to five people, and none of the restaurants or fast-food places in our small town will deliver for fewer than 10 orders.

I have to spend my cash, my gas and time out of an already-busy work day to do this. I'm reimbursed for the money, but that in itself is a hassle, with forms and signatures required. Most of the time, it’s the next day before I can get it back.

To me, this seems to be an unreasonable expectation when my work load is already heavy. I'm not allowed to work overtime to catch up when I’ve lost an hour from my day.

I assure you that I'm not lazy. I love everything else about this job, but these too-numerous lunch requests are dragging me down.

Please don’t suggest that I try talking to the execs. When someone complains about their job at this place, it comes back to haunt them at review time. Also, please don’t suggest that I find a new job. I’m almost 59 years old and would like to retire from here. I’ve out-lasted four presidents and seven VPs, but I’m getting too old to be patient!  -- Elaine Cornwell, Senior Executive Secretary

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

Question: Does your company have any policies or guidelines (implied or not) regarding employees who solicit purchases for their children’s school fundraisers?  -- Anonymous, California

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: What do you do when department heads do not communicate major changes in the department to the administrative assistant? It's frustrating to not ever know what people are thinking and talking about behind closed doors until the very last minute.  -- Carolyn

Are you a gold bug? You may think the time is right to invest in gold or other precious metals (such as silver) as a hedge against inflation or for greater purchasing power. Of course, the price of gold has been known to fluctuate widely, so you need to pay close attention to the ups and downs.

Question: Just wanted to check to see how other companies are defining their administrative assistants' titles.

For instance, in my company, if your boss’s title is supervisor, you’re a Sr. Clerical Associate; if you work for a manager, you’re an Administrative Assistant I; if you work for a director, you’re an Administrative Assistant II; if you work for an executive (VP/GM), you're an Executive Assistant; if you work for an SVP/brand president, you’re an Executive Assistant II; if you work for an EVP/region president, you're an Executive Assistant III.

I'm currently an Executive Assistant to the VP at a company with more than 40,000 employees.

I have a job interview with a national company and the position reports to a director, but the title is Executive Administrative Assistant.

What are other companies doing? How is your job title determined?  -- Executive Assistant to VP

Question: I have been struggling with this issue for ... well, years.

I am an administrative secretary to the director of my department. A few months after I was hired (five years ago), they opened up a position for a receptionist. We hired a woman who seemed bubbly and friendly: no problem with answering the phones and handling the mail. After hiring her, the director decided that I would be her supervisor (without any change in title or increase in pay).

Within the next year, she started having crying jags because her grandmother was sick. By the second year into her service, she got much worse. She was acting very oddly -- manic -- and then, she started becoming adversarial and started making claims that people were following her ... including helicopters. She was having hallucinations.

Within a month, she seemed to have a complete breakdown and collapsed on the floor, writhing and crying and begging for help.

One of the assistant directors helped get her to a psychiatric hospital. She was hospitalized and out on leave for about four or five months. She was diagnosed with bipolar disorder. She had been prescribed medication previous to her breakdown, but we suspect that she stopped taking her medication.

She came back to work part time and gradually increased her schedule back to full time. And we accommodated her, allowing her to take the time off for all of her doctor appointments.

I feel for her, tremendously. I have friends who have had serious mental health problems. I understand how debilitating it can be and how important it is for her to have stability and a steady paycheck. I have wanted to help her.

Within the year after she came back from her leave, she seemed to be doing better. But then, slowly, she started sliding back to that unstable place. She comes to work dressed totally inappropriately: in flip-flops, sweat pants and t-shirts, many times. She walks around barefoot more and more frequently. He mannerisms and voice become very exaggerated and, well, odd.

She is constantly up and down from her desk, going into the kitchen, asking to use the bathroom eight to 15 times a day. (She does get an hour for lunch and two 15-minute breaks, as well). She has been in the negative for her sick time for several months now. She doesn't have any vacation or sick time left because of all the time that she has taken off (not doctor-related; I let her make up that time). A number of times, she come into work hours late, without getting an OK beforehand and with no plausible explanation.

I have spoken to her several times. I have written her up and had her sign the letter. I have kept records of all the problem behavior. I have contacted our employee assistance program on several occasions. She went to see them (at my request) on numerous occasions. I have talked to my boss; she basically doesn't want to have anything to do with the situation. I have researched the issues of bipolar disorders and the workplace on the internet, but it is mostly from the perspective of the person afflicted with the illness.

I am trying very hard to work with this situation. I can see, though, that it is unlikely to get any better. And it is really frustrating me and wearing me down.

To top it off, my boss has me cover for this receptionist whenever she is away from her desk or out for the day. So, not only do I have to deal with this very frustrating and delicate situation, but I am the one who has to compensate for her shortcomings by covering for her all of the time.

Frankly, I find all of this very unfair.

Even if I asked my boss to take over supervising this employee, it would not help me. My boss has a reputation for NOT dealing with anything. She is the proverbial head in the sand. If I was no longer this employee's supervisor, I am guessing it would just get worse and then I wouldn't be able to do anything to improve the situation.

It seems as though my only option is to continue to deal with this on a day-to-day basis or look for a new job.

I know this is a mouthful, but perhaps someone has experienced something similar.

Keep in mind, though, that this is not just another difficult employee who can be disciplined and eventually fired if they don't comply. It is not that simple. She has a mental illness and she is a union employee on top of that. It isn't that I want to fire her, but it has been literally years that this is going on now. I can't take it much more.

Any suggestions?  -- Susan

Question: I need help organizing/cross-referencing file folders. My boss writes the name on the material and keeps it in either his office or mine. The problem occurs when he has a new or follow-up meeting that some of this information could pertain to; we can't locate everything because different names of folders may apply to similar information, etc.

This has been ongoing but now is occurring more frequently. Please help. Thanks.  -- Donna

Question: We're implementing a new policy: All personnel (secretaries/receptionists/admins, etc.) must give one month's notice before leaving the company. If proper notice is not given, accrued sick leave/vacation (paid time off) is not paid out.

Office managers have to give two months' notice. I don't know where you would apply for a job and they would wait that long for you.

I'd like to hear what other companies' policies are.

Thanks.  -- Kenda

Question: What criteria (or what procedures) do other companies use to select their 'Employee of the Month' or other similar awards?"  -- Ron

For too many people, the tax season is a February-to-April affair. But trying to plan your tax strategies after Dec. 31 is as futile as a football team drawing up its game plan with two minutes left in the fourth quarter: You can't do much to affect the score.

Question: I would like to know how other assistants/receptionists/whatever your title deal with disruptions.  I 'm not talking about the phone ringing, sales people coming in or clients.  I 'm talking about people just stopping at your desk asking you how your weekend was, what did you have for lunch, how's this, how's that.

I' m not even centrally located to the rest of the office (to the managers, I am), so it's not like they really come to talk. How do I politely (since I have to work with everyone every day) say I 'm too busy to talk about lunch/dinner or the weekend?  -- Anonymous

Although Roth IRAs have been around for a few years, some taxpayers are still spooked by this newfangled version of the traditional IRA. As you'll see, 2005 may be an especially good year to look at different ways you can put money into a Roth IRA before year-end.

A new Tax Court ruling that allowed an employee to deduct education-related expenses opens the door for small business owners to do the same.

Q: I've heard that I'd have to pay tax on a home sale if I don't use the profits to buy another home. I didn't think that's true. Am I correct? O.D., New York City

Q: I'm selling my house this year and moving into our beach condo. I'll also eventually sell the condo, so I want to avoid paying tax on that sale, too. Can I call both of these houses my principal residence this year? T.H., Wilmington, Del.

Question: My friend was sent on an interview by a placement agency.

She felt uneasy about the position after the interview because they told her that she would have to work overtime frequently. She, unexpectedly, was offered the position although she let the company know that she needed a set schedule.

When the agency called my friend, she told them that she was concerned about the overtime that she was told would be expected of her. She told the agency that, to make an informed decision, she wanted to speak to the interviewer again to get clarification. She was told that she could not contact the employer directly.

The agent told her that she had spoken w/other people whom she had placed with the company, and none had worked overtime in the past few months. The agent also told her that if she was concerned about not being able to pick up her kids up from daycare on time, most daycares are open until 6 p.m., so a little bit of overtime shouldn't affect her.

Is it me or does this sound suspect? I realize that these placement agencies are salespeople and will make the position sound as great as possible to get their fee.

My friend doesn't want to take a position and end up having to leave soon after. Should she go against what the placement agent said and contact the company directly, or just refuse the job and risk not being sent on another interview again? The agent was very upset about her apprehension.  -- Vita, Pittsburgh

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.

It's not too often that we advise you to turn up your nose at a tax break. But if you're selling real estate this year, you may want to pay more tax than required up-front. Why? Because you'll end up ahead of the game in the end.

The IRS just pulled the strings tighter on a tax loophole that it virtually closed last year. The agency issued a ruling that explains the tough new rules limiting deductions for charitable car donations. (IRS Notice 2005-44, Internal Revenue Bulletin 2005-25)

Do your aging parents live in a home that's soared in value? Chances are, they've paid off the house, so they're not claiming mortgage interest deductions anymore. Even if they still deduct mortgage interest, they're probably in a low tax bracket now, so those deductions don't do much good anyway.

Q: I gave my daughter stock shares that I bought for $10,000. On the day I gave her the shares, they were worth about $12,000. Now, it's jumped to about $16,000, and I've advised her to sell. Is her taxable gain the full $6,000? P.L.A., Santa Barbara, Calif.

Q: I'm retiring soon and would like to move to a low-tax state. Do you know where I can find this information? J.B., Jericho, N.Y.

Big tax cuts aren't coming in 2005; neither the money nor the political willpower is there. But look for Congress, at the very least, to extend several tax breaks that are scheduled to go off the books at the end of the year

The bonus-depreciation deduction was great while it lasted, but it's gone for 2005. Still, you can generate top-dollar deductions this year when buying equipment and other business assets. That's because your not-so-secret weapon—the Section 179 expensing allowance—lets you write off most or all of the cost of most business assets in the very first year of ownership! Here's the lowdown on the rules and four ways to maximize your deductions.

If you've been thinking about donating your used car to charity, don't drop the idea just because of last year's law that put the squeeze on big-ticket donations. That law curbed your potential to be aggressive in placing a high value on the donated item. But by taking a different route, you can still get your money's worth.

Eureka! Your company has created a new gizmo that's a vast improvement on the competition's product. Once you work out the bugs, you expect to patent the invention to protect your interests. Then, you hope it will start selling faster than hot cakes.

Question: Often, we have sales people walk in through our front door, and I am wondering what the best approach is to politely — and quickly — get rid of them.  Our office does not accept solicitors, but they all ignore the notice.  And like the telephone solicitors do, they want to quickly get me or the receptionist into a conversation, whether they are selling services or a product.

It is annoying and I don't wish to appear rude, but I really want to stop them in their tracks before they even get to the hand-shaking part.  -- Cindy, California

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: It would be fun to hear from other admins about their most embarrassing job-related boo-boo. Things like forgetting to put something big on the boss's calendar, sending a broadcast e-mail when you didn't mean to. I know we all have a few "dirty little secrets" that might make the rest of us feel better about those extremely RARE occasions when we are less than perfect.  -- Anonymous

Q: I bought a car this year that I used for my sales rep job. My company reimburses me for travel but not the interest I'm paying on a car loan. Can I deduct the interest as a business interest expense? E.L., Islip, N.Y.

Question: We are currently having difficulty getting new sales people.  We have placed ads in a major newspaper and a more local newspaper.  One of the ads also came with an online ad.  I even placed an ad with a local state office.  We are looking for new and better ways to advertise our current job openings in the sales department.  Does anyone have any suggestions as to what’s out there that works?  -- Anonymous

If you're like most people, you finally put your 2004 tax return to bed a few short weeks ago. But then comes a sinking realization that you missed a tax deduction or credit opportunity on your return. Or maybe you accidentally failed to report income, miscalculated a capital gain or forgot a business deduction. Should you file an amended return or not? That is the question.

Q: I bought Intel shares at different times and prices during the past few years. At the end of February and the first few weeks in March, I sold all those shares (and incurred some losses). All the stock sales occurred within 30 days. Can I still claim the losses? Norristown, Pa.

Question: I recently attended a seminar for administrative assistants and one of the participants described a program she initiated at her workplace. Corporate travelers are asked to bring any unused travel-size soaps, shampoos and lotions from their hotel stays back to the office. The products are collected and donated to local homeless and domestic-abuse shelters. I'm interested in beginning a similar program for my employer. Does anyone have any background information about related programs or advice on how to start?  -- Ann, Wausau, WI

For some people, waiting until mid-April to file their individual income tax returns simply represents a bad case of procrastination. Others hold out so they can keep their money until the last possible moment. Whatever your reason, if you haven't filed yet, you can still cut your 2004 tax bill with a few timely tactics and tax-smart choices.

While you can still claim top-dollar deductions for your charitable donations, the massive new tax law signed last October—the American Jobs Creation Act of 2004—imposed new limits on certain donations. Now that the dust has settled, this much is clear: It's more important than ever to keep proper donation records. If you don't, you could lose all or part of your deductions.

Real estate remains rock-solid in this economy. If you bought property years ago, you may be sitting on a gold mine. Of course, when you finally sell, you could face a whopping tax bill, too.

Question: Our company doesn't have one set of written travel guidelines. What is allowed for the production lab differs from what is allowed for the sales force or for an executive. Through the years, the company has grown, and administrative staff and managers have changed enough so that we lost the verbal guidelines once used. I have found four different documents that were written to cover different departments. I would like to pull them together into a company-wide guideline, but would like to see what other companies are using first.  -- Anonymous

Question: During my early years as an admin, I thought I wanted to be a legal secretary. I liked the image of the legal profession: the well-tailored suits, square-cornered briefcases, the idea of being involved in court cases, etc. So, I trained and finally became a legal secretary.

After four years in the profession, in two different jobs, I find that it’s not quite what I expected. My work, for the most part, has involved extensive word processing and back-and-forthing with lawyers. I work at a high level of risk and exposure: leaving out a paragraph or missing a lawyer’s correction can lead to disaster. The pressure is extreme.

Now that I’ve worked hard to get here, though, I’m not excited about redirecting my career once again. What if I make another career mistake?

Any and all advice is welcome!  -- H.P., Tampa, Fla.

Issue: U.S. employers lose nearly $60 billion each year due to trade-secret theft, but many still often overlook this risk.
Risk: Your organization can be ruined if competitors gain access ...

Even if you're just a casual seller on eBay or a similar Internet auction service, you still must deal with tax consequences.

Q: When my friend retired several years ago, she did not roll over her company stock into an IRA. (She had bought some of the stock and her employer gave her some.) If she sells the stock, will it be taxed as capital gain? F.G., King of Prussia, Pa.

Suppose you're in the market for a new business vehicle. You go down to the local showroom, kick the tires and try to wrangle the best deal. Normally, the dealer will agree to a trade-in value for your old car that reduces the cash you have to lay out for the new one.

Recent tax law changes offer potentially big benefits to shareholders who want to take cash out of their closely held C corporations without sharing too much with the IRS. You can also achieve the same goal through several time-honored cash-withdrawal strategies. This special report examines today's five best ways to pull cash from your C corporation in the most tax-wise manner.

Q: I am selling a vacation home. My daughter owns a lot where I can build a new house. Can I roll over the profit from the old home into the new home tax-free? R.C., Dunwoody, Calif.

If you or your staff attend trade shows and conferences this year, apply some extra vigilance over what's revealed to clients and prospects. Reason: Your competitors are watching, and your company's closely held secrets and business plans are the most vulnerable at these events.

Small business owners like you often face diversification and liquidity problems because most of your wealth is tied up in the company. If your business experiences a serious reversal, your personal assets could be depleted.

Don't just guess at the success rate of your print ads. Place numeric or letter codes on ads to connect them with sales results and leads.

Real estate values are scorching hot in many parts of the United States. If you're sitting on some big-time appreciated property, check out the following three strategies for minimizing your tax bill

Q: I just started a new sales job in which I'm required to keep valuable samples at home. So I have decided to install a pretty expensive home security system. Can I deduct that cost as a home-office expense? R.N.T, Springfield, Ill.

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.

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.

Big companies employ "customer relationship management" (CRM) software to track and categorize service and sales records.

Suppose you've been holding raw land that you bought years ago as an investment. Now you figure it's time to cash in on the building boom in your area.

With the top individual federal income tax rate falling to 35 percent last year (down from 38.6 percent), now is a great time to consider converting your existing C corporation to an S corporation. In addition to taking advantage of the lower rates, such a switch lets you avoid double taxation of future corporate income and gains. This Special Report explains how a conversion would work and whether you should make the switch.

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.

The post-Sept. 11 era has brought a disturbing number of contractors and salespeople trying to profit from businesses' concerns about terrorism.

With PC sales and profit margins shrinking, big computer companies are rolling out a wider variety of small business networking hardware. Prices are lower than ever.

One of the good things about owning a business is that you can give yourself some nice perks, like a company car. This Special Report explains strategies to: (1) minimize the tax hit on corporate-owned cars provided to you and other key employees and (2) maximize the tax savings for your corporation.

Q: As always, I mailed my 2003 tax return as soon as possible. But soon after I mailed it, my broker sent me a corrected Form 1099 that restated dividend income. Do I have to file an amended return, even though it was the brokerage firm's error? K.R., Crawfordsville, Ind.

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.

Many people thought their estate-tax worries were over once President Bush signed estate-tax relief in 2001. The law gradually increases the amount of your estate that's exempt from federal estate taxes, then eliminates the tax in 2010, before the tax comes roaring back to life in 2011 (unless Congress extends the relief law).

Merchandise motivates sales staff more than cash because it offers "trophy value," a constant reminder of the achievement, says a new Incentive Federation survey of executives from small and large businesses.

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.

Mark mid-April on your calendar. That's when Tax Freedom Day, the symbolic day when U.S. taxpayers' annual earnings to date surpass the taxes they'll pay that year.

Many baby boomers recently surveyed by AARP say they'd be willing to take service positions after they retire from their long-term careers.

Apply these leadership tips from Bill Gates.

Sometime between now and April 15, you'll probably sit down with your tax adviser to pour over receipts, write-offs and changes to your personal tax situation. You can save on your tax bill—and your tax-preparation fees—by avoiding these common errors

Q: We own a vacation home in Vermont that we are leaving to our adult son in our wills. The home cost $95,000 and is now worth around $300,000. We've made about $15,000 in improvements over the years. Will our son owe any income tax if he inherits the home in the next few years? M.M., Stamford, Conn.

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.

Never rework compensation packages behind employees' backs. Provide advance notice when making changes that affect their compensation or benefits.

If you hold sales contests, don't follow the crowd on structuring awards.

If you're hesitant to add new workers as you watch for economic smoke signals, here's one to consider: More of your competitors are flashing "Now Hiring" signs.

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

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.