Fourteen steps to better management: don't take risks; know the law.

• Author: Brown, Andy
• Position: HR Matters

If it is indeed human to err, then the workplace is certainly fertile ground for many of those errors.

Some of the more common errors I see in the workplace stem from simple misunderstandings or no understanding of the laws, rules and regulations that govern employment. They include:

1. Language. What we say, as well as how we say it can make or break a business. Words alluding to any protected class such as "boy," "girl," "young," etc. should be eliminated. If you question something, err on the side of caution and re-word or remove it.

2. Illegal interview questions get people into hot water frequently. In Alaska there are 11 protected classes and many of the mistakes employers make are inadvertent violations of those classes. The classes are race, color, religion, age, gender, national origin, pregnancy, disability, parenthood, marital status and changes in marital status. You cannot ask questions about any protected class, but you are allowed to ascertain whether or not a candidate can perform the job. Asking if an individual can do the job with their disability is illegal; asking if there is any reason they would not be able to perform the job is not.

3. Inaccurate job descriptions that are vague, unrealistic, omit duties or include benefits that do not manifest for years cause significant issues for HR, supervisors and employers who must deal with angry, disgruntled employees who are more likely to leave. This causes disruption in the workplace and more expense in re-hiring. The magic phrase "other duties as assigned" is not always a get-out-of-jail-free card.

4. Inadvertent contractual promises can come back not only to haunt you but also could potentially seriously affect the bottom line. Contracts may be made in writing or verbally. Avoid language that might be construed as a contract either in writing or when speaking to an employee. Statements such as "your job is sale" or "annual salary" have been construed as a contract.

5. Inappropriate terms in the workplace can be seen as discriminatory and hostile regardless of intent. References or jokes that refer to any of the protected classes can open you and your company to liability.

6. Wage and Hour. Ensure your employees are correctly classified. Misclassification is a common error and can land you in hot water. Just calling someone a manager does not make him or her exempt. The duties, authority and impact on company operations are only some of the criteria the State labor department and...