About

As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

Contact Us

Topics

Archives

Select Month:

Contributors

Posts tagged "employee handbook".

To be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), an employee must perform certain duties and be paid on a “salary basis,” meaning that the employee receives a set salary each week, regardless of the number of days or hours worked, with limited exceptions. Under the FLSA, an employer may deduct from the pay of an exempt employee only under the following circumstances:

  • No work: When an exempt employee performs no work for an entire workweek, the employer is not required to pay the employee’s salary for that week.

The Uniform Trade Secrets Act, adopted by 47 states including Virginia, Maryland, and the District of Columbia, generally defines protectable trade secrets as information that derives independent economic value from not being generally known or readily ascertainable and that is subject to reasonable efforts to maintain its secrecy.  In an age of electronic information storage and immediate communication, and in a world where flash drives, SnapChat and portable electronic devices are common, the business world’s increasing dependence on technology is challenged by the ease of downloading and absconding with essential business information. The Trade Secrets Acts provides a critical tool for avoiding this risk, but security requires careful and proactive monitoring and planning as well as hard-headed practical judgment.

Stick figure pink slip (00092262).JPGThis is part II of my post from Friday.  The following procedures provide a basic template that you can tweak to fit your company.

Step One—Verbal Warning.  Have the employee’s supervisor discuss with the employee the problem that has occurred and the corrective measures that need to be taken. Have another manager sit in on the meeting. Make notes to the file documenting the meeting and problems and have both managers date and sign the entry.

Step Two—Written Warning. Have the employee’s supervisor draft a written warning that states the nature of the violation and the plan for correcting the behavior.  Have the supervisor discuss with the employee the problem that has occurred and the corrective measures that need to be taken. An additional step that might be appropriate is putting the employee on a probationary period. Have another manager sit in on the meeting. Make additional notes to the file documenting the meeting and problems and have both managers date and sign the entry.  Also have the employee date and sign the written warning.