OSE_1310_part1_Layout 1 10/7/13 10:02 AM Page 25
LEGAL UPDATE
the right to fire an at-will employee without
cause doesn't mean you can't be sued for
unlawful termination under federal and state
discrimination, harassment and whistleblower
laws. Review termination decisions carefully
to determine whether you'll be able to prove a
legitimate, non-discriminatory reason for the
decision if you're sued.
Automated
reprocessing
for rigid
endoscopes / MIS.
Misclassifying staff as independent contractors. A misclassified employee can
cost you unpaid wages, tax liabilities, retroactive employee benefits, unpaid unemployment insurance contributions, interest and
penalties. Familiarize yourself with the applicable law and ensure your independent contractor classifications are proper.
6
Misclassifying staff as exempt from overtime. Do you make the mistake of assuming that because an employee is salaried, she is
not entitled to overtime? Keep in mind that
salary isn't the only criterion for exemption.
The employee must also perform certain types
of "exempt duties," generally of a professional,
administrative or executive nature. Consult the
U.S. Department of Labor's fact sheets
(tinyurl.com/mm9mbt5) to properly classify your
employees. Note, too, that state laws may
7
O C T O B E R 2013 | O U T PAT I E N T S U R G E R Y M A G A Z I N E O N L I N E
Miele Washer-Disinfectors —
available in the U.S. for the first
time!
800.991.9380
medical@mieleusa.com
or visit miele-pro.com
2 5
