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For a time, it seemed as if employers were losing every class-action lawsuit filed by hungry lawyers on behalf of one or two named employees. It almost became a legal cottage industry. But now courts are losing patience with some of these lawsuits—especially when the attorneys get sloppy.
It’s never pleasant to see a long-term employee’s performance decline. But if you intend to discipline a worker who previously was a good or even great performer, be sure to track the decline carefully. You don’t want an age discrimination claim to catch you unaware.
Remember: The title that you decide to give an employee has no impact on whether or not she should properly be classified as exempt from overtime pay. What matters are her duties. If they are routine and menial in nature, she’s not exempt, even if she holds a lofty title in the organization.