Employee Issues

Post image for Basic Training:  Making the Most of Free Employee Handbooks

Q: I’ve found various sites that have templates for employee handbooks, including one at Business.gov.  Am I putting myself at any risk by using this as the basis of my employee handbook?  What sorts of legal issues should I take into consideration before using any employee handbook in my business? A: Templates are great as […]

{ 0 comments }

Post image for Are You Really Hiring an ‘Independent Contractor’?

In my practice, I’m finding that the IRS and Department of Labor are getting more aggressive about enforcing the proper classification of workers. Essentially, they want to be sure that you’re not hiring a worker as an “independent contractor” (thus avoiding the payment of employment taxes), yet treating him/her as an employee by micromanaging every aspect […]

{ 0 comments }

Post image for Basic Training: Queries about Employee Non-Compete Agreements

Q: For how long are employee non-compete agreements normally valid?  If a person signs such an agreement, leaves the company for a period of time and then comes back to the company, is he/she still bound by such an agreement even if he did not sign it again?  Is such an agreement valid for customers […]

{ 0 comments }

Post image for Employee Blogs: To Permit or Prevent?

“Faster than a rolling O.  Stronger than silent E“—that’s the pace at which information (and misinformation) flies around in cyberspace. Even worse is when something written about you/your company comes back to slap you in the face like a coconut cream pie. In his post, “Should Personal Blogs Be Allowed and Permitted by Employers,” Kirk […]

{ 0 comments }

Post image for New Employee Notifications for New York

My colleague, Deborah Shapiro, Esq., reminded me of a recent change to New York State employment law. In short, beginning October 26, 2009, New York employers must inform newly hired employees in writing, at the time of hiring, of their pay rate, regular payday and, if eligible for overtime, regular hourly rate and overtime rate.  […]

{ 0 comments }

Post image for How to Say Goodbye to an Employee

If last week’s post about awkward work situations wasn’t enough, firing an employee probably has to top the discomfort charts. It may be justified (the employee was cooking the books) or necessary (sales are down 40 percent because of the economy, so you need to downsize) . . . but it’s rarely a task that […]

{ 0 comments }

Post image for Hiring without the Headaches

Even small businesses need a hiring process. Making the leap from business owner to employer takes a combination of faith, a strong stomach and smart planning. After all, once you decide to become an employer, you agree to take on a bushel of issues above and beyond just paying a regular salary. There are taxes […]

{ 0 comments }

Post image for Awkward! Managing Potentially Sticky Work Situations

“Been there, lived it,” you say.  Crazy co-workers, back-stabbing co-workers, co-workers who babble on all day and won’t SHUT UP enough to let you focus and do your job, co-workers who seem to wear every sensitivity on their sleeve (as well as those who trample over you like a bull in a china shop). You’ve […]

{ 1 comment }

Post image for Moonlighting: Legal for Business Owners?

Q: If a person is a 50 percent owner in an LLC corporation, is it illegal for that person who owns another company that does the same type of work to go and do work or operate under that business?  Someone mentioned to me that it is a conflict under a law regarding corporate obligation. […]

{ 0 comments }

Post image for Basic Training: ‘Finagling’ Overtime . . . and Why That’s an FLSA Red Flag

Like cheating on taxes, playing fast and loose with Fair Labor Standards Act employee classifications can land you in a world of hot water. Do you know the distinction/difference between “exempt” and “non-exempt” employees as it relates to their duties and the paying of overtime? Q: I want to lessen my payroll by finding ways to lower […]

{ 0 comments }