WTF is Business Casual
Buckle up for real HR stories that'll make you laugh, cringe, and thank your lucky stars you're not that guy.
WTF is Business Casual is the HR podcast where two seasoned consultants—Sarah Bursten and Jenny Lavey, co-founders of RiseHR—dish on wild workplace fails, toxic bosses, employee drama, and leadership gone wrong. With 35+ years of combined experience in HR, leadership development, and people management, they offer surprisingly useful advice wrapped in real talk and hilarious storytelling.
If you’re an HR professional, small business owner, people manager, or just someone who’s survived office politics, this show is for you.
Subscribe to WTF is Business Casual—because work is weird, leadership is messy, and people always be peopling.
Hosted by Sarah Bursten & Jenny Lavey | RiseHR
www.risehumanresources.com
WTF is Business Casual
Small Business HR Mistakes That Will Cost You: Employee Classification, PTO Policies & Intern Rules
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This week, Jenny and Sarah tackle the HR landmines small businesses step on all the time.
They break down three compliance issues that quietly turn into very loud, very expensive problems: employee misclassification, messy PTO policies, and unpaid interns who legally aren’t interns.
First: employee misclassification. Paying someone a salary does not make them exempt. Titles don’t matter. Good intentions don’t matter. If someone should’ve been earning overtime and wasn’t, the Department of Labor is not interested in your logic. They’re interested in back pay and penalties.
Then: PTO policies. That “use it or lose it” language still floating around in Colorado? Illegal. Accrued PTO is earned wages. You cannot wipe it out at year-end. They also break down accrual vs. lump sum, payout rules, and why negative PTO feels generous until someone quits and payroll gets messy.
Finally: unpaid interns. The “it’s for experience” kind. The “my friend’s kid needs exposure” kind. The rules are stricter than people think. If the company is benefiting more than the intern, you likely have an employee. And that risk adds up fast.
If you think “we’ve always done it this way” is a solid strategy, this episode might stress you out a little. In a good way.
What’s inside this episode:
[03:12] Why paying someone a salary does not automatically make them exempt
[06:45] The real difference between exempt and non-exempt under FLSA
[10:18] How misclassification turns into back wages, penalties, and audits
[15:02] Why independent contractor status isn’t a “mutual agreement” situation
[19:37] What the Department of Labor actually looks at
[24:11] Why “use it or lose it” PTO policies are illegal in Colorado
[28:26] Accrued vs. lump-sum PTO and where companies get into trouble
[32:54] The negative PTO trap no one thinks through
[36:40] The strict rules around unpaid internships
[41:12] How to structure internships so they’re actually compliant
Hit play. Fix what needs fixing. Then send it to the friend who still thinks titles determine exemption status.
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