Never Invest Your Money In Anything That Eats Or Needs Painting.

Never Invest Your Money In Anything That Eats Or Needs Painting.

The California Chamber of Commerce has produced a white paper cataloging the top 10 mistakes most likely to get a company sued. While a few of the laws cited apply specifically to California, some of them are federal and may apply in your state.

The report observes: "Employers may unintentionally violate employment laws simply by trying to provide some flexibility for an employee, save money for the company or just be nice."

Here are the top 10 mistakes

1. Classifying all employees as exempt, whether they are or not

It may be easier to pay someone a salary rather than figure out overtime, meal breaks, rest breaks and the like. The time (and money) you save on bookkeeping is a false economy, however, since you could pay big time in penalties or a lawsuit. (See the report for more specifics.)

2. Letting employees work through lunch so they can take off early

A non-exempt employee is required to be given a 30-minute meal break, plus a 10-minute break for every four hours worked. If you deny one or the other, you owe the person an extra hour's wages; if you deny both in the same day, you owe an additional two hours. The wages must be paid during the pay period in which it's missed. The employee cannot waive his or her right to the breaks. This isn't just a California issue; here is a recent example in which an employee at a family-owned bakery in Washington allegedly was denied 10-minute breaks.

3. Making everyone an “independent contractor” because having employees is too much trouble

The report notes that contractors are happy until one of the following comes up: workers’ compensation, unemployment insurance, state disability insurance or paid family leave benefits. Avoid these legal spiderwebs by determining who is and who isn't a contractor.

4. Not providing training about harassment and discrimination to managers and supervisors

Don't assume your employees won't need the information. Avoid lawsuits by providing the basic sexual harassment training required by law.

5. Letting employees decide which, and how many, hours they want to work each day

Most employees are restricted by law regarding the number of hours they can work without needing to be paid overtime. If you are allowing longer workdays for four-day workweeks, there are rules that need to be followed. Check with your state laws for specifics.

6. Terminating any employee who takes a leave of absence

From the report: "Employees have legal protection when they are away from work for various reasons, including workers’ compensation, disability, pregnancy, family and medical leave, military leave, jury duty and many more."

7. Withholding an employee's final check if they fail to return company property

You may think you can withhold money while you wait for an employee to return a computer or a cellphone, but think again. Some states have laws that require you hand over the check the minute the words "you're fired" come out of your mouth. And if an employee quits and gives more than 72 hours notice, the check must be ready on his or her last day. The penalties start accruing from the moment the check is late–one day of wages for every calendar day of delay.

8. Providing loans to employees and deducting the money from their paycheck each pay period

This seems perfectly fine, doesn't it? Except most state labor codes permit only paycheck deductions authorized by law and those authorized by the employee for health insurance or other benefits. No other deductions are permitted. If you're making a loan, you should have the employee sign a promissory note and a lawyer review it.

9. Using noncompete agreements to protect confidential information

Many employers force employees to sign these agreements to protect business secrets, customer lists and pricing information and to prevent employees from working for the competition. Essentially, you can't force your employee to stay with you, nor can you prevent him or her from making a living.

10. Implementing a “use it or lose it” vacation policy and avoid paying out all the money at termination

Accrued vacation is a form of wages and cannot be denied. You can stop an employee from accruing vacation beyond a "reasonable" amount, but you cannot take away what he or she has already earned. What is considered a "reasonable" cap? Generally 1.5 to two times the annual accrual, says the report.

Qui Pro Innocente Dicit, Satis Est Eloquens.

He/She Who Speaks For The Innocent Is Eloquent Enough.

Democalypse 2012 - Cockblock the Vote

A Pennsylvania court upholds a controversial voter I.D. law that affects 9% of the entire state electorate, but that's the price you pay to prevent something that doesn't happen or make sense.

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For those of you who continue to doubt whether the voter ID laws being passed around the country are a political tactic by Republicans to steal the vote in the 2012 election.

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The Truth Is The Same From Any Angle

Ask A Thief

I had quite the interesting conversation this weekend with a person who happened to be a former burglar. It was great timing because I figured that if you wanted to know the best place to hide your money from a burglar, a former burglar was the person to ask.

I started off simply and was not surprised by the answer to the question “where is the best place to hide your money?”

“At the bank,” he said with a sly grin

When I rephrased and asked where the best place to hide money and valuables in the house would be if you had such items there, I was taken a bit by surprise by his answer:

“It doesn’t matter how clever you think you are or where you hide it in your house, if I have enough time, I would be able to find where you stash your valuables,” he said bluntly. He then explained that what was much more important than the actual place where you hide your valuables is that you understand a burglar’s motivations. Basically, he has two:

1. To steal your money and valuables
2. To get out of the house as quickly as possible with these goods

When you begin to think of it from this perspective, how you should hide your money changes a bit. Obviously, you don’t want to leave all your money in the places where the burglar will first look: dresser drawers, drawers by phones, desks, closets, a safe (if not bolted down), boxes, jewelry boxes, purse, etc.). That being said, you also don’t want to hide all of your money too well for the following reason:

“If I can’t find money and valuables in the normal places I usually find them, I would continue to tear the house apart until I found something. Remember, the first rule is to to steal money and valuables. We’ll keep looking until we find something.”

Your best strategy, then, is to actually leave some money in obvious places for the burglar to quickly find (the same applies if you keep all your money in the bank). This can not only save your other stash of money, but may actually keep the burglar from destroying your place as he looks for where you have hidden your money. If they believe they may have found the cash that you have in the house, they are much less likely to keep looking (remember, they want to get out asap). In the end, if you hide all your money well, you may win a moral victory in not letting the burglar find the money, but you’ll likely have much more damage done to your place that will end up costing you more in the long run.

The next obvious question was “How much money should you leave for the burglar to find?”

“It depends on the area where you live. If you are in a upscale community and only leave $100, I would assume there is more and keep looking. In a different part of town $100 would convince me I found all the money that was there and leave.”

When it comes to hiding valuables, his suggestion is to mark an envelope in an easily accessible drawer or with files by your computer with “Bank Safe Deposit Box” on the outside and a list of items on the inside. This will tip off the burglar that your most valuable items are stored at the bank and will discourage him from tearing up your house looking for them.

So the question of where is the best places to hide money still hadn’t been answered?

His number one recommendation for money was in toys in a young child’s room. As he explained, young children don’t have money, they have an abundance of toys and most parents don’t trust a child around money. Therefore, parents will rarely hide money there. In addition, when money is hidden, it is usually hidden away neatly and securely — a child’s room is rarely a neat place making it an unlikely place for money to be hidden. Plus with all the stuff in a child’s room, it is not someplace that a burglar can search quickly and get out (rule #2).

If you have a safe, it should be professionally bolted down so it can’t easily be removed. If you leave some token money for the burglar to find in the places they normally look for money, then anyplace you wouldn’t normally consider a place to hide valuables will usually keep those valuables safe. The underside of trash cans, inside laundry detergent, inside false packaging (but only if the packaging appears real and is in the appropriate place – “When you find a Campbell’s soup can in the bedroom, you have a pretty good idea there is money inside”) were some examples he gave.

You need to be smart about where you hide the money. He related one time a person had left wads of money inside the empty battery areas of electronics around the house. The problem was that although he had not found the hidden money at first, the electronics themselves were worth money and he took those to sell. Only when he got home and was checking that everything worked did he find the hidden cash. The person hid the money well, but not in a good place.

One last tip from a personal finance angle – if you do hide money someplace around the house, make sure that your significant other (or someone close) knows where your hiding place is. If something unfortunate happens to you and nobody knows where your hidden stash is, it’s unlikely that they will be able to find it if a burglar isn’t able to find it. Worse, it could very easily be accidentally thrown away depending on where it is hidden.