Adding staff? Decide before you hire whether you want an employee or an independent contractor. Under the FLSA and some states’ laws, you must pay overtime to nonexempt employees—not so for independent contractors. Make the employee-or-contractor call well before you bring someone on board. Don’t assume you can make the designation later.
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The EEOC has filed suit against Kaplan Higher Education Corp., alleging its use of credit histories to screen job applicants has a disparate impact on blacks. The credit histories aren’t necessary, the EEOC says, and don’t predict whether the applicant will perform the job well. Kaplan has defended the practice as a way to protect the company against potential fraud and theft.
The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.
Retail managers are generally responsible for everything that happens in their stores. But they often spend most of their time doing the same work that hourly employees do. Even so, they may qualify as exempt employees under the FLSA. It’s the quality of the management work they do that counts, not the number of hours they spend doing it.





