The latest job figures reflect a still-strong labor market, with the U.S. economy adding a higher-than-expected 187,000 jobs in August.
Amidst a controlled cooling in the bid to fight inflation, unemployment remains low and job seekers still hold a strong position. Many workers have been using current conditions to aim for better positions. But some employers have been cutting corners in the cutthroat race for workers.
At Keller Grover, we advocate for workers; be on guard for these five risks:
- Overpromising/misrepresentation. Whether it be about the meat of a job or vague promises of remote work flexibility, some employers have been misleading potential hires to make jobs more attractive. For example, perhaps an employer entices you to move by describing a long-term management role but knows the role will be short-lived, or offers you high pay but plans to quickly slash your salary. In certain cases, California law gives you protections and the potential to recoup double damages in civil court.
- Promotions — with a catch. Some employers offer what amounts to a fake promotion — basically a fancy title with little functional difference — to take advantage of a loophole in overtime wages. Federal law does not require businesses to pay overtime wages to salaried managers who make more than $455 a week ($23,660 a year). Thus, a deceptive “promotion” with a minimal raise may actually bring a pay cut. Do the math before accepting a promotion, particularly if the name and job description seem sketchy — a recent study found a nearly 500 percent increase in use of misleading managerial titles for low-paying salaried positions during the 2010s.
- Job posting scams or “ghost” listings. With remote work so common these days, we may be more susceptible to the plethora of job posting scams, which often target personal information and/or money. The Federal Trade Commission recommends starting with an online search of a potential employer, along with the words “scam,” “review,” or “complaint.” It also suggests talking about the offer with someone you trust, never paying up front for job-related expenses, and watching for fake check scams. Even if a job isn’t a scam, many legitimate companies maintain listings for “ghost jobs,” just to keep a ready pool of candidates in case someone quits, according to The Wall Street Journal. These can be a waste of time for job seekers; experts suggest filtering these by checking time stamps and the level of detail in the job description.
- Clauses in employment contracts. Don’t be too eager to sign on the dotted line — take sufficient time to read and comprehend an employment contract. Pay attention to the description of duties, the various types of compensation/incentives, benefits, work from home policies, leave policies, termination clauses, and any other specifics. In particular, watch out for noncompete clauses, which may limit your potential work options should you leave that employer. Pay attention to non-solicitation, non-disclosure and other confidentiality agreements, as well. These could open you up to risks should you leave the company. We have written about these types of issues, including national efforts to ban noncompete clauses.
- Consequences for job hunting. If you are on the job hunt, keep that knowledge guarded — including asking the interviewer to keep the information confidential — and operate on the up-and-up. Use PTO for interviews, or schedule them on your own time, and continue fulfilling your responsibilities at work. Also, abide by confidentiality or other requirements of your current job. This protects your credibility, and guards against your being fired or other potentially thorny issues with your current employer.
If you have been mistreated by an employer, contact Keller Grover for a free and confidential consultation. With our proven track record of advocating for workers, we can help you understand all your options, protections, and best next steps. In more than 25 years litigating fraud and employment cases, Keller Grover has recovered billions for its clients.