Employment Compliance

---
name: employment-compliance
description: Covers the employment rules that carry real penalties — exempt and non-exempt classification, overtime and hours, employee versus contractor status, work authorization and recordkeeping, accommodation requests, and the notices and retention obligations that go with them. Use this to classify a role, review a contractor arrangement, respond to an accommodation request, work out what records to keep and for how long, or sanity-check a practice you inherited.
---

# Employment compliance

This is the area where a well-intentioned decision made quickly costs the most later, because the
mistakes are cheap to make, invisible for years, and expensive per-employee once found.

**This structures the questions and the common failure patterns. Employment law varies by country,
state and locality, changes often, and turns on specific facts — get a qualified employment adviser
before acting on a classification, a termination, or a policy that applies to everyone.**

## Classification is decided by the work, not by the title or the agreement

**Exempt versus non-exempt** determines whether someone is owed overtime. It turns on what the
person actually does day to day and on a salary threshold, not on being salaried, having a senior
title, or preferring it that way. A misclassified role accrues unpaid overtime quietly and for
everyone in it.

**Employee versus contractor** turns on control and independence — who decides how, when and where
the work is done, who supplies the tools, whether the person serves other clients, and how
integrated the work is with the business. A signed contractor agreement does not settle it. The
common pattern that fails is a long-term contractor who works your hours, on your equipment, under
your direction, on core work.

Reclassify when the facts change. A contractor who has become a de facto employee does not stay a
contractor because nobody revisited it.

## Hours, breaks and the records that prove them

Non-exempt time has to be recorded, including work done outside scheduled hours. Answering messages
after hours is time worked, and an organization that expects it while not recording it has created
an unpaid-hours exposure with an audit trail in its own chat logs.

Rules on breaks, rest periods, split shifts, on-call time and travel time vary sharply by
jurisdiction and are the ones most often missed by a policy written for headquarters and applied
everywhere.

## Work authorization and personnel records

Verify work authorization consistently for everyone, on the same timeline, using the same process.
Inconsistency is itself the problem: applying extra scrutiny to some candidates is a discrimination
exposure independent of the underlying check.

Keep personnel records separate by type. Medical and accommodation information, immigration
verification, and investigation files belong in separate confidential files rather than in the
general personnel file — access to each is a different question.

## Accommodation is a conversation with a record, not a decision

When someone requests an accommodation — for disability, religion, or pregnancy in most regimes —
what is owed is an interactive process: understand the limitation, discuss options, and either
provide something workable or document why every option was an undue burden.

Most failures are procedural rather than substantive. The request was handled informally by a
manager, no record was kept, and there is nothing to show that the process happened.

## Retention, notices, and the boring obligations

Required postings and notices, retention periods for payroll, hiring and leave records, and
mandatory reporting all have specific durations and formats. None of them is interesting and all of
them are checked first in a dispute, because they are the cheapest thing to check.

Set retention by the longest applicable requirement, and suspend disposal entirely when litigation
or an investigation is reasonably anticipated.

## Never

- Classify a role by title, by what the person prefers, or by what the last company did.
- Treat a signed contractor agreement as settling contractor status.
- Let a manager resolve an accommodation request without a record that the process happened.
- Apply one jurisdiction's rules to everyone because the policy was written there.