Does your community association hire people? If so, you’ll definitely want to listen in as Donna and Jamie discuss the complicated network of federal, state, and, in some cases, municipal laws that protect both employers and employees – and outline the consequences of mistakenly thinking those laws don’t apply to you.
Be prepared to learn:
- how many employees are needed for the Fair Labor Standards Act to apply (you might be surprised!);
- the legal test for defining the difference between an employee and an independent contractor and the price you’ll pay for getting that wrong;
- the real differentiators between exempt and non-exempt employees and how to manage wage and overtime pay for each;
what leased employment is and how that differs from joint employment;
- the power of employment agreements, how to decide when you really need to use them, and a few general ideas of what should be included.
REMEMBER: This discussion is for informational purposes only and not intended to be legal advice. Please consult your association counsel before acting upon any information shared on this, and any, episode of Take It To The Board.
From the clarity of applying the salary test to the murkiness of how “interstate commerce” can impact your daily operations, this conversation dives deep into some of the biggest employment issues facing community, condo, and homeowner association today.
From building your workplace culture to breaking up with those who don’t fit into it, employing human beings is complex. Donna and Jamie continue the employment law conversation with an examination of the purpose and necessity of employee handbooks, the morass of legal guidelines requiring compliance, and the best way to create and protect a safe work environment, Along the way, they also share stories from their years in service to association boards that illustrate exactly what NOT to do in your own community.
About Take It to the Board
Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It to the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.
If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!