This document summarizes five key employment law issues for accounting firms: 1) Transition planning while avoiding age discrimination claims, focusing on when partners are protected and potential issues with transition agreements. 2) Technology in the workplace, specifically social media and "Bring Your Own Device" policies. 3) Determining whether workers are properly classified as independent contractors or employees. 4) Recent developments in restrictive covenant agreements, noting proposed changes in Massachusetts and case law in Illinois. 5) Legally compensating employees.
The document discusses etiquette and ethics for professional accountants. It covers:
1. Concepts of etiquette, decorum, and propriety.
2. Tips for social media etiquette including keeping personal and business accounts separate and using proper grammar.
3. The IFAC code of ethics including fundamental principles of integrity, objectivity, competence, confidentiality, and professional behavior.
4. Threats to compliance like self-interest, self-review, advocacy, familiarity, and intimidation threats and potential safeguards.
The document discusses the exemptions under the Fair Labor Standards Act that allow employees who meet certain criteria to be exempt from overtime pay, including exemptions for executive, administrative, professional, highly compensated, computer, and outside sales employees, and details the salary and duty requirements for each exemption. It also outlines exceptions when salary deductions can be made for exempt employees.
Webinar: Don’t Be a Victim to Cyber Liability RisksKeenanSolutions
Data is everywhere within our organizations. Not protecting the data puts your organization at risk of lawsuits and other regulatory fines.
Cyber liability is one of the newest emerging risks that schools, public agencies, and healthcare organizations must manage on a daily basis. Don’t become one of the almost 4,500 organizations across the United States who were victims of a data breach within the last 10 years.
-
The Chartered Insurance Institute (CII) has launched a new guide to digital ethical standards, setting out five core areas of responsibility for insurance professionals.
The code provides a framework of principles for professionals to use in ensuring client interests remain at the heart of technological progress. This includes such issues as how to make ethical use of client data and analytics, helping practitioners to consider the wider ramifications of their digital initiatives, and guidance on how to navigate conflicts of interest. The code also addresses the issue of the innate bias of digital technology and helps insurance professionals to consider the risk of discrimination.
The guide has been put together by the CII’s Digital Ethics Forum, including digital and policy experts from the Association of British Insurers, British Insurance Brokers Association, Aviva, Worry & Peace and Capital Law.
A presentation on chapter 10 of Information system ethics by George W. Reynolds presented by Md. Habibur Rahman,BIT0217, Saeed Siddik, BIT 0218 and Iftekhar Ahmed, BIT0220 in Institute of Information technology, University of Dhaka.
Memphis Biz Journal.Countering Risks Of Employment Related Actions.4.10.09Barbara Richman, SPHR
This article discusses 10 questions employers should consider to help ensure compliance with employment laws and reduce risks of litigation. It notes that while avoidance may seem like a natural response to legal complexity, employers are better served becoming familiar with fundamental compliance issues and identifying tools and resources. Specifically, the questions address issues like understanding applicable laws; training on frequent sources of litigation like wage/hour laws; keeping up with new regulations; providing required employee information and training; conducting compliance audits; maintaining updated policies and procedures; properly documenting job descriptions, interviews, performance and disciplinary actions. Addressing these areas can help organizations meet legal obligations and decrease liabilities.
This document discusses the differences between classifying workers as employees versus independent contractors. Classifying workers incorrectly can result in IRS penalties and fines. The IRS uses several factors to determine proper classification, focusing on behavioral control, financial control, and the relationship between the parties. Intentionally misclassifying workers as independent contractors when they are really employees carries greater risks of penalties than unintentional misclassification. It is safest to classify ambiguous workers as employees or seek professional advice.
20 Factor Test Employee Or Sub Contractordmaaskant
This document gives greater detail on the 20 Factors the IRS and other taxing agencies use during an audit. Much more clear than the IRS publication, but note - not published by the IRS.
The document discusses etiquette and ethics for professional accountants. It covers:
1. Concepts of etiquette, decorum, and propriety.
2. Tips for social media etiquette including keeping personal and business accounts separate and using proper grammar.
3. The IFAC code of ethics including fundamental principles of integrity, objectivity, competence, confidentiality, and professional behavior.
4. Threats to compliance like self-interest, self-review, advocacy, familiarity, and intimidation threats and potential safeguards.
The document discusses the exemptions under the Fair Labor Standards Act that allow employees who meet certain criteria to be exempt from overtime pay, including exemptions for executive, administrative, professional, highly compensated, computer, and outside sales employees, and details the salary and duty requirements for each exemption. It also outlines exceptions when salary deductions can be made for exempt employees.
Webinar: Don’t Be a Victim to Cyber Liability RisksKeenanSolutions
Data is everywhere within our organizations. Not protecting the data puts your organization at risk of lawsuits and other regulatory fines.
Cyber liability is one of the newest emerging risks that schools, public agencies, and healthcare organizations must manage on a daily basis. Don’t become one of the almost 4,500 organizations across the United States who were victims of a data breach within the last 10 years.
-
The Chartered Insurance Institute (CII) has launched a new guide to digital ethical standards, setting out five core areas of responsibility for insurance professionals.
The code provides a framework of principles for professionals to use in ensuring client interests remain at the heart of technological progress. This includes such issues as how to make ethical use of client data and analytics, helping practitioners to consider the wider ramifications of their digital initiatives, and guidance on how to navigate conflicts of interest. The code also addresses the issue of the innate bias of digital technology and helps insurance professionals to consider the risk of discrimination.
The guide has been put together by the CII’s Digital Ethics Forum, including digital and policy experts from the Association of British Insurers, British Insurance Brokers Association, Aviva, Worry & Peace and Capital Law.
A presentation on chapter 10 of Information system ethics by George W. Reynolds presented by Md. Habibur Rahman,BIT0217, Saeed Siddik, BIT 0218 and Iftekhar Ahmed, BIT0220 in Institute of Information technology, University of Dhaka.
Memphis Biz Journal.Countering Risks Of Employment Related Actions.4.10.09Barbara Richman, SPHR
This article discusses 10 questions employers should consider to help ensure compliance with employment laws and reduce risks of litigation. It notes that while avoidance may seem like a natural response to legal complexity, employers are better served becoming familiar with fundamental compliance issues and identifying tools and resources. Specifically, the questions address issues like understanding applicable laws; training on frequent sources of litigation like wage/hour laws; keeping up with new regulations; providing required employee information and training; conducting compliance audits; maintaining updated policies and procedures; properly documenting job descriptions, interviews, performance and disciplinary actions. Addressing these areas can help organizations meet legal obligations and decrease liabilities.
This document discusses the differences between classifying workers as employees versus independent contractors. Classifying workers incorrectly can result in IRS penalties and fines. The IRS uses several factors to determine proper classification, focusing on behavioral control, financial control, and the relationship between the parties. Intentionally misclassifying workers as independent contractors when they are really employees carries greater risks of penalties than unintentional misclassification. It is safest to classify ambiguous workers as employees or seek professional advice.
20 Factor Test Employee Or Sub Contractordmaaskant
This document gives greater detail on the 20 Factors the IRS and other taxing agencies use during an audit. Much more clear than the IRS publication, but note - not published by the IRS.
Chapter 13 Employee Rights and DisciplineRayman Soe
This document discusses employee rights and privacy in the workplace. It covers topics such as employment-at-will, exceptions to at-will employment like public policy violations, implied contracts and implied covenants. It also discusses privacy issues for employees such as substance abuse testing, searches, surveillance, access to personnel files and discipline policies. The objectives are to explain employee rights and employer responsibilities, exceptions to at-will employment, privacy rights and how to establish disciplinary policies.
Are you classifying your workers correctly? There are times when you must pay someone as an Employee, and times when you can pay them as an Independent Contractor. Learn the differences so you don't run afoul of IRS rules!
From the point of choosing the appropriate business structure to the scope and extent of necessary contracts, there are numerous legal issues to address when starting a company. While certain legal issues may even bring a start-up to a grinding halt if neglected, there are many others that are possible to be handled with ease, provided you have the right information to make timely decisions. Given their importance across sectors, the following issues and details will be covered in “Legal For Startups”.
• Legal Aspects for Starting Up:
• Contractual safeguards:
• Employees and workplace regulations:
• Data Protection
Chapter 16 Employee Rights and DisciplineRayman Soe
1. The document discusses employee rights and discipline, including statutory rights, contractual rights, employment-at-will, and exceptions.
2. It covers due process and just cause for employee discipline or termination. Alternative dispute resolution methods are also discussed.
3. Employee privacy rights regarding records and monitoring are summarized. Access, correction of records, and restrictions on sharing information are addressed.
The document contains 20 multiple choice questions about ethics for management accountants based on IMA's Statement of Ethical Professional Practice. Each question is followed by an answer and a brief explanation of why that answer is correct based on the standards in the Statement. The questions cover topics like conflicts of interest, maintaining competence, keeping information confidential, resolving ethical issues, and other responsibilities of management accountants.
SharePoint Solution Deployer helps you to deploy SharePoint solution packages (.wsp) to multiple SharePoint environments. It deploys, retracts and upgrades one or more WSPs and can be extended to perform additional custom tasks in PowerShell before or afterwards. Unlike the most of the available scripts on the net, it performs all neccesary pre-requiste checks and post-deployment actions on all servers in the farm to assure the deployment runs smooth. More at http://spsd.codeplex.com
This document provides information about network administration. It defines a network administrator as someone responsible for maintaining computer hardware, software, and network systems. Their responsibilities include network address assignment, routing protocol management, user authentication, and managing VPNs, gateways, and servers. For smaller organizations, administrators also maintain desktops, printers, and other devices. The document also discusses DHCP and how it dynamically distributes IP addresses and services. It provides an overview of Active Directory and defines objects, forests, and domains. It describes read-only domain controllers and the tools needed for network administration like Remote Desktop and group policy.
A system administrator is responsible for monitoring systems and networks for performance and security issues, assisting users with problems, and maintaining user accounts. They also design network configurations, implement systems and technologies, maintain peripherals, identify upgrade needs, train users, and document procedures.
Application lifecycle management in SharePointJeremy Thake
The document discusses Application Lifecycle Management (ALM) in SharePoint. It defines ALM and its three main aspects: governance, development, and operations. It then covers various ALM approaches including coding best practices, testing, tracking, and release management. The rest of the document discusses ALM maturity levels, getting started with ALM in SharePoint, and provides a case study example.
The document provides an introduction to system administration. It discusses what system administration entails, including managing computers, hardware, software, operating systems, applications, networks, and users. It outlines the duties of a system administrator, such as applying updates, installing/configuring hardware/software, managing user accounts, performing backups and troubleshooting issues. It also describes the duties of a datacenter engineer, which involves server installation, monitoring, maintenance and issue resolution. The document discusses different types of administrators and users as well as operating systems that support system administration like Windows, Unix and Linux.
The document discusses the career of a system administrator. Key responsibilities include setting up and maintaining network accounts, installing and updating software, monitoring system and network performance, implementing security policies, and troubleshooting hardware and software issues. A bachelor's degree is required, with professional certifications and sometimes a master's degree preferred. Salaries typically range from $56,000 to $70,000 annually. The career offers a variety of tasks and control over network operations.
Cybercrime has existed since 1820, beginning with the earliest forms of computers like the abacus. Common cybercrimes include hacking, child pornography, DOS attacks, virus dissemination, computer vandalism, cyberterrorism, software piracy, phishing, and credit card fraud. Cyber security aims to prevent, detect, and respond to online attacks by protecting sensitive personal and business information, defending against critical attacks, and allowing safe internet browsing and data processing through regular software updates. Improved hacker abilities, interconnected computers, advanced malware, and increased cyber warfare threaten online security going forward.
I have more than 10 years of extensive hands-on experience in IT Systems Administration including Windows Server 2008 / 2012 Administration, technical communication, network infrastructure, server administration, and VoIP / IP PABX, IVR, SIP Base products.
Specialties: Designing and implementation of Microsoft & Network Infrastructure products and Deployment, IT Strategy & Security, Data Center Consultancy, 2nd and 3rd level of Servers and IT System support.
"This presentation was created through wide-ranged research and is intended specially for everyone interested in network technology".
-BRIAN S. CUNAL
KALINGA-APAYAO STATE COLLEGE
IT Instructor.
System Administration: Introduction to system administrationKhang-Ling Loh
This document provides an overview of system administration, including the knowledge and skills required, typical duties, and various professional certification programs. System administration involves maintaining and operating computer systems and networks, with duties like monitoring security, managing user accounts, performing backups, and troubleshooting issues. Key knowledge areas include operating systems, applications, hardware/software troubleshooting, networking, security, programming, problem solving, and teamwork. Popular certification programs discussed are Linux Professional Institute (LPI), Ubuntu, Oracle, Solaris, IBM, HP, and Cisco, with information on exam requirements and costs.
This document provides an overview of the key topics within the Security Architecture & Design domain for the CISSP certification. It covers computing platforms such as early electro-mechanical machines, the von Neumann model, and transistor-based computers. It also discusses security models, evaluation and certification, security architecture concepts and implementation models. Specific topics include operating systems, CPU and memory components, software elements, process scheduling, and operating modes. The document serves as a high-level study aid for understanding the domain's important foundational concepts.
System administration involves tasks like maintaining computer systems and networks, setting up user accounts, monitoring performance and security, updating software, and troubleshooting issues. It requires broad technical knowledge as well as skills in areas like communication, problem solving, and planning for future needs of systems and users. While computer systems and the roles of system administrators have become more complex over time, the core goals remain ensuring systems and networks are operational, secure, and meeting the needs of users.
This document contains information about computer networks presented by Darshit Narechania. It defines a computer network as two or more connected computers that share resources and exchange files. The need for networks is described as file sharing, resource sharing, communication, remote access, and data protection. Common connection devices include routers, gateways, repeaters, bridges, hubs, and modems. The main types of networks covered are local area networks (LANs), wide area networks (WANs), and metropolitan area networks (MANs). LANs connect computers in a small local area like a home or office, while WANs connect LANs over a larger area like a college campus or between cities. MANs interconnect
Chapter 13 Employee Rights and DisciplineRayman Soe
This document discusses employee rights and privacy in the workplace. It covers topics such as employment-at-will, exceptions to at-will employment like public policy violations, implied contracts and implied covenants. It also discusses privacy issues for employees such as substance abuse testing, searches, surveillance, access to personnel files and discipline policies. The objectives are to explain employee rights and employer responsibilities, exceptions to at-will employment, privacy rights and how to establish disciplinary policies.
Are you classifying your workers correctly? There are times when you must pay someone as an Employee, and times when you can pay them as an Independent Contractor. Learn the differences so you don't run afoul of IRS rules!
From the point of choosing the appropriate business structure to the scope and extent of necessary contracts, there are numerous legal issues to address when starting a company. While certain legal issues may even bring a start-up to a grinding halt if neglected, there are many others that are possible to be handled with ease, provided you have the right information to make timely decisions. Given their importance across sectors, the following issues and details will be covered in “Legal For Startups”.
• Legal Aspects for Starting Up:
• Contractual safeguards:
• Employees and workplace regulations:
• Data Protection
Chapter 16 Employee Rights and DisciplineRayman Soe
1. The document discusses employee rights and discipline, including statutory rights, contractual rights, employment-at-will, and exceptions.
2. It covers due process and just cause for employee discipline or termination. Alternative dispute resolution methods are also discussed.
3. Employee privacy rights regarding records and monitoring are summarized. Access, correction of records, and restrictions on sharing information are addressed.
The document contains 20 multiple choice questions about ethics for management accountants based on IMA's Statement of Ethical Professional Practice. Each question is followed by an answer and a brief explanation of why that answer is correct based on the standards in the Statement. The questions cover topics like conflicts of interest, maintaining competence, keeping information confidential, resolving ethical issues, and other responsibilities of management accountants.
SharePoint Solution Deployer helps you to deploy SharePoint solution packages (.wsp) to multiple SharePoint environments. It deploys, retracts and upgrades one or more WSPs and can be extended to perform additional custom tasks in PowerShell before or afterwards. Unlike the most of the available scripts on the net, it performs all neccesary pre-requiste checks and post-deployment actions on all servers in the farm to assure the deployment runs smooth. More at http://spsd.codeplex.com
This document provides information about network administration. It defines a network administrator as someone responsible for maintaining computer hardware, software, and network systems. Their responsibilities include network address assignment, routing protocol management, user authentication, and managing VPNs, gateways, and servers. For smaller organizations, administrators also maintain desktops, printers, and other devices. The document also discusses DHCP and how it dynamically distributes IP addresses and services. It provides an overview of Active Directory and defines objects, forests, and domains. It describes read-only domain controllers and the tools needed for network administration like Remote Desktop and group policy.
A system administrator is responsible for monitoring systems and networks for performance and security issues, assisting users with problems, and maintaining user accounts. They also design network configurations, implement systems and technologies, maintain peripherals, identify upgrade needs, train users, and document procedures.
Application lifecycle management in SharePointJeremy Thake
The document discusses Application Lifecycle Management (ALM) in SharePoint. It defines ALM and its three main aspects: governance, development, and operations. It then covers various ALM approaches including coding best practices, testing, tracking, and release management. The rest of the document discusses ALM maturity levels, getting started with ALM in SharePoint, and provides a case study example.
The document provides an introduction to system administration. It discusses what system administration entails, including managing computers, hardware, software, operating systems, applications, networks, and users. It outlines the duties of a system administrator, such as applying updates, installing/configuring hardware/software, managing user accounts, performing backups and troubleshooting issues. It also describes the duties of a datacenter engineer, which involves server installation, monitoring, maintenance and issue resolution. The document discusses different types of administrators and users as well as operating systems that support system administration like Windows, Unix and Linux.
The document discusses the career of a system administrator. Key responsibilities include setting up and maintaining network accounts, installing and updating software, monitoring system and network performance, implementing security policies, and troubleshooting hardware and software issues. A bachelor's degree is required, with professional certifications and sometimes a master's degree preferred. Salaries typically range from $56,000 to $70,000 annually. The career offers a variety of tasks and control over network operations.
Cybercrime has existed since 1820, beginning with the earliest forms of computers like the abacus. Common cybercrimes include hacking, child pornography, DOS attacks, virus dissemination, computer vandalism, cyberterrorism, software piracy, phishing, and credit card fraud. Cyber security aims to prevent, detect, and respond to online attacks by protecting sensitive personal and business information, defending against critical attacks, and allowing safe internet browsing and data processing through regular software updates. Improved hacker abilities, interconnected computers, advanced malware, and increased cyber warfare threaten online security going forward.
I have more than 10 years of extensive hands-on experience in IT Systems Administration including Windows Server 2008 / 2012 Administration, technical communication, network infrastructure, server administration, and VoIP / IP PABX, IVR, SIP Base products.
Specialties: Designing and implementation of Microsoft & Network Infrastructure products and Deployment, IT Strategy & Security, Data Center Consultancy, 2nd and 3rd level of Servers and IT System support.
"This presentation was created through wide-ranged research and is intended specially for everyone interested in network technology".
-BRIAN S. CUNAL
KALINGA-APAYAO STATE COLLEGE
IT Instructor.
System Administration: Introduction to system administrationKhang-Ling Loh
This document provides an overview of system administration, including the knowledge and skills required, typical duties, and various professional certification programs. System administration involves maintaining and operating computer systems and networks, with duties like monitoring security, managing user accounts, performing backups, and troubleshooting issues. Key knowledge areas include operating systems, applications, hardware/software troubleshooting, networking, security, programming, problem solving, and teamwork. Popular certification programs discussed are Linux Professional Institute (LPI), Ubuntu, Oracle, Solaris, IBM, HP, and Cisco, with information on exam requirements and costs.
This document provides an overview of the key topics within the Security Architecture & Design domain for the CISSP certification. It covers computing platforms such as early electro-mechanical machines, the von Neumann model, and transistor-based computers. It also discusses security models, evaluation and certification, security architecture concepts and implementation models. Specific topics include operating systems, CPU and memory components, software elements, process scheduling, and operating modes. The document serves as a high-level study aid for understanding the domain's important foundational concepts.
System administration involves tasks like maintaining computer systems and networks, setting up user accounts, monitoring performance and security, updating software, and troubleshooting issues. It requires broad technical knowledge as well as skills in areas like communication, problem solving, and planning for future needs of systems and users. While computer systems and the roles of system administrators have become more complex over time, the core goals remain ensuring systems and networks are operational, secure, and meeting the needs of users.
This document contains information about computer networks presented by Darshit Narechania. It defines a computer network as two or more connected computers that share resources and exchange files. The need for networks is described as file sharing, resource sharing, communication, remote access, and data protection. Common connection devices include routers, gateways, repeaters, bridges, hubs, and modems. The main types of networks covered are local area networks (LANs), wide area networks (WANs), and metropolitan area networks (MANs). LANs connect computers in a small local area like a home or office, while WANs connect LANs over a larger area like a college campus or between cities. MANs interconnect
This document provides an overview of various computer networking concepts and components. It begins with definitions of networking basics like communications and telecommunications. It then describes the essential parts of a basic network including a message, transmitter, medium, receiver and destination. The document outlines different network topologies like bus, ring, star, star-bus and mesh. It also discusses network types like peer-to-peer and client-server networks. The document provides details on common networking media and components including coaxial cable, twisted pair cables, optical fibers, wireless transmission, hubs, gateways, routers, bridges and switches. It concludes with a brief introduction to the IEEE 802 family of standards related to local and metropolitan area networks.
Cyber crime involves unlawful activities using computers and the internet. The document categorizes cyber crimes as those using computers to attack other computers or as tools to enable real-world crimes. It provides examples of various cyber crimes like hacking, child pornography, viruses, and cyber terrorism. It stresses the importance of cyber security to defend against attacks through prevention, detection and response. The document advises safety tips like using antivirus software, firewalls, and strong passwords. India's cyber laws address both traditional crimes committed online and new crimes defined in the Information Technology Act.
This document provides an overview of cyber crime and security. It defines cyber crime as illegal activity committed on the internet, such as stealing data or importing malware. The document then covers the history and evolution of cyber threats. It categorizes cyber crimes as those using the computer as a target or weapon. Specific types of cyber crimes discussed include hacking, denial of service attacks, virus dissemination, computer vandalism, cyber terrorism, and software piracy. The document concludes by emphasizing the importance of cyber security.
Contractor or Employee? Exempt or Non-Exempt? Understanding the Distinctions ...ComplyRight, Inc.
A handful of high-profile cases -- and increased attention by the IRS and Department of Labor – has put worker classification in the spotlight. Now, more than ever, employers must be crystal clear on the differences between an employee and independent contractor, as well as exempt vs. non-exempt status.
In either case, misclassifying workers is a risk your business can’t afford to take. Federal and state agents are monitoring the situation more closely and cracking down with bigger fines and penalties. At the same time, wage and hour lawsuits are on the rise, with many “salaried” employees recognizing they are non-exempt in the eyes of the law -- and therefore owed overtime.
Protect yourself from costly misclassification mistakes and potential legal issues. Attend this timely webinar to learn:
- Factors that define the worker relationship, according to the IRS and Department of Labor
- Warning signs that your contractor is actually an employee under the law
- What determines exempt vs. non-exempt status (Hint: Job title has nothing to do with it.)
- Steps to take if a worker is misclassified
SPI_Conference_Handling Breakups to Save Future Headaches_FinalCurtis Weldon
This document discusses best practices for offboarding employees. It defines offboarding as a process for processing employee terminations and deprovisioning access. The presentation covers different types of employee terminations, areas to deprovision like physical equipment and system access, key stakeholders and their roles, how to create an offboarding process, measuring success, and provides a seven point wrap-up. The goal is to help organizations understand offboarding and implement best practices to efficiently and securely terminate employee access.
SPI_Conference_Handling Breakups to Save Future Headaches_FinalCurtis Weldon
This document discusses best practices for offboarding employees. It covers the key aspects of an offboarding process, including different types of employee terminations and what is required for each. Areas of de-provisioning like disabling system access and collecting equipment are discussed. The roles and responsibilities of different business owners in the offboarding process are outlined. Creating an offboarding process is demonstrated, including integration with other systems. Finally, ways to measure the success of an offboarding process, like improved efficiency in de-provisioning access, are presented.
This document discusses key legal considerations and risk management strategies for small businesses. It recommends thoroughly reviewing corporate structure and compliance with applicable laws. Developing internal policies and procedures can help preserve assets and reduce liability, as can obtaining proper insurance. Maintaining accurate records, avoiding scenarios that could pierce the corporate veil, and having responses prepared for potential problems are also advised. Regular reviews of policies, agreements, and potential liability risks are suggested.
Welcome to the Team! Recruiting and Hiring, Including Restrictive CovenantsFinancial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
This document provides an overview of intellectual property law as it relates to employment. It defines the key types of intellectual property - patents, copyrights, trademarks, and trade secrets. For each type, it briefly explains what they protect and some key considerations. For example, it notes that patents protect inventions, copyrights protect original works of authorship, trademarks protect branding, and trade secrets protect confidential business information. The document aims to educate about intellectual property issues in employment.
This document provides an overview and agenda for the 31st Annual Employment Law Seminar. It discusses common employment law issues small businesses and startups face such as wrongful termination, wage claims, and workplace safety. It outlines statutory protections for different classes and common law claims. Issues specific to startups like inventions, non-competes, and overtime are addressed. Best practices for hiring, firing, and protecting trade secrets are also covered.
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2020/
An employee's relationship with the company can terminate for many reasons – resignation, reduction-in-force, performance and other work-related reasons. Planning for the departure of an employee, for any of these reasons, can minimize disruption, protect confidential information, avoid litigation and assist with succession planning. Join Polsinelli's Labor and Employment attorneys for the conclusion of our year long Life Cycle of an Employee Webinar series as we discuss issues related to employee terminations, including:
Managing performance and attendance related terminations
Can you terminate whistle-blowers
Exit Interviews
Protecting intellectual property and confidential information
Reductions-in-force and other separation agreements
Post-decision considerations and communications
This document summarizes the key points of Standard IV regarding duties to an employer. It discusses the following:
1. Members and candidates must act loyally for the benefit of their employer and not deprive them of skills/abilities or divulge confidential information. They should avoid independent competitive activity and notify employers of any independent practice plans.
2. When leaving an employer, members must continue acting in their employer's best interest until their resignation. They should avoid misappropriating trade secrets, confidential information, clients, or client lists.
3. Employers are responsible for a positive work environment and ethical compensation structures. Supervisors must promote compliance among employees and have knowledge of ethics codes to discharge supervisory
This document discusses emerging legal trends affecting the workplace presented by Mark Bakker of Wyche, P.A. It outlines increased regulatory scrutiny from agencies like the DOL, EEOC, and NLRB. The DOL is cracking down on misclassifying independent contractors and the EEOC is providing guidance on criminal background checks. The NLRB is also showing signs of more aggressive enforcement of labor laws. Emerging issues around social media, BYOD policies, same-sex marriage benefits, and anti-bullying initiatives are also discussed. Bakker provides best practices for various policies and compliance in this new legal landscape.
The document provides information on forming a small business, including:
- Choosing an appropriate corporate form such as a sole proprietorship, partnership, C corporation, LLC, or PLLC/PLLP, considering factors like personal liability protection, taxation, and structure.
- Obtaining financing by selling equity privately to sophisticated investors or through personal loans and guarantees.
- The logistics of running the daily operations of a small business, which involves tasks like paying taxes, understanding labor laws, and using accounting software.
- Strategic considerations like partnering with others, obtaining mentors, and where to incorporate the business.
Top 5 issues employment law breakfast (k0227996 2)Jonathan Hyman
This document summarizes five key issues confronting businesses regarding their human relations practices: 1) proper classification of workers as employees or contractors to avoid legal liability; 2) ensuring internship programs comply with labor law; 3) determining which employees qualify for the administrative exemption; 4) understanding how the Affordable Care Act impacts employer-provided health insurance; and 5) understanding privacy issues and employer monitoring of technology in the workplace.
Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Yo...Financial Poise
This document provides information about an upcoming webinar on recruiting and hiring employees. The webinar will discuss legal issues related to interviewing, background checks, job offers, and restrictive covenants. It introduces the four panelists who are attorneys that specialize in labor and employment law. The webinar is part of a series that addresses various aspects of the employer-employee relationship from hiring to termination.
Mandatory Employee Leave: An In-Depth Analysis of State and Local LawsComplyRight, Inc.
Did you know that numerous states and cities have passed laws granting leave for workers to address certain health and family-related issues? And that many local governments mandate paid time off for being sick? Requiring employers to provide time off for employees is a growing trend, and it shows no signs of slowing down.
Mainly due to inaction at the federal level, many states and local governments have stepped up to grant employees time off in specific circumstances. These laws vary greatly from how much leave is allowed, how the time off is accrued, when employees can begin to use leave, and if the time can be carried over from year to year.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
How to Set Up & Run a Business in the USARavixGroup
This document provides a step-by-step guide for setting up and running a business in the USA. It outlines 10 key steps: 1) Establishing a legal entity, 2) Getting a FEIN number, 3) Setting up bank accounts, 4) Hiring employees, 5) Paying employees and providing benefits, 6) Getting business insurance, 7) Accounting practices, 8) Paying taxes, 9) Selling the company, and 10) Repeating the process. For each step, it provides details on requirements and considerations. It also includes additional sections on topics like raising capital, equity compensation, and outsourcing finance/HR functions.
This document provides an introduction to employment law for small businesses. It discusses the importance of having proper employment documentation such as contracts of employment, staff handbooks, and policies and procedures. It also covers key areas of employment law including recruitment, redundancy, discrimination, discipline, grievances, and the risks of not complying with employment law obligations. The document recommends that businesses seek expert legal help to set up proper employment systems and documentation to minimize risks.
The document provides an overview of a presentation on legally protecting trade secrets, customers, and employees. It discusses Florida laws on restrictive covenants, outlines five types of covenants, and explains how to draft enforceable agreements. It emphasizes having a plan to consistently enforce agreements through cease and desist letters and litigation if needed. The presentation aims to help businesses understand how to effectively protect their legitimate business interests through restrictive covenants and trade secret law.
This document summarizes a webinar on managing workforces legally in 2022. It covers Covid-19 workplace policies including mandatory vaccination requirements. It also discusses federal developments like independent contractor standards. Other topics are restrictive covenants, criminal history discrimination laws, and data privacy acts. The webinar provides an overview of recent laws and guidance for employers to consider in developing compliant employment policies.
This document provides suggestions for different types of content that could be included in a client newsletter during the COVID-19 pandemic. These include: short articles on trending legal topics or explaining a specific legal issue; a brief video answering a question about working or living during the pandemic; summaries of interesting articles, podcasts or TV programs; highlighting content produced by clients; reporting on client successes in adapting their businesses to the pandemic; answering common client questions; and sharing personal stories and experiences during the pandemic that clients can relate to. The content is meant to be informative, engaging, and provide value to clients during this period.
Topics include the following:
- issues related to COVID-19 in the workplace, including paid leave rights and benefits, return to work standards, and work-from-home arrangements
- Supreme Court decisions on sexual orientation discrimination, - Age Discrimination in Employment Act and Equal Pay Act
- new regulations under the Fair Labor Standards Act
- expansion of employee rights and employer obligations under Illinois Law
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- legal requirements taking effect in the second half of 2020 and in January 2021
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- and more…
This document provides an employment law update covering developments in several areas:
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- Several states and localities increased minimum wages in 2017.
- Courts are split on whether sexual orientation is protected under Title VII, and the EEOC takes the position that gender identity is also protected.
- The EEOC provides examples of discrimination based on gender identity.
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With fall comes the hustle and bustle of getting back into routines and wrapping up projects before year end. However, we at Levenfeld Pearlstein always look forward to fall because that means it's time for our annual Back to School: Employment Law Update. Join us for an informational webinar to review developments over the past year and discuss tips to keep your workplace practices current in the coming year.
TOPICS:
• Update on overtime regulations and standards
• New paid sick and family leave requirements and possible federal action to bring consistency
• Changing standards for independent contractor and joint employer status
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This document provides a summary of an employment law webinar that took place on September 15, 2016. It discusses updates on several topics, including the new overtime regulations which raise the salary threshold for exempt employees to $47,476 annually, requirements under the new Defend Trade Secrets Act, reasonable accommodation guidelines from the EEOC, joint employment standards, and wellness program regulations. The webinar also covered arbitration agreements and class waivers, litigation developments, and Affordable Care Act updates.
The document discusses proposed changes to the Fair Labor Standards Act regulations that would increase the minimum salary threshold for exempt employees. It is expected that the final regulations will be issued in 2016 and will likely increase the minimum guaranteed pay to $970 per week or $50,440 annually. For organizations, the key steps are to identify employees currently classified as exempt who make less than the new threshold, analyze options to raise salaries or reclassify as non-exempt, and develop a communication and implementation strategy. FAQs and consistent messaging will be important to address employee questions and concerns through the change process.
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This document provides a summary of an employment law webinar discussing recent and upcoming changes. It outlines proposed changes to overtime regulations that would raise the minimum salary for exempt employees. It also discusses issues like unpaid internships, joint employer standards, independent contractor classification, Affordable Care Act reporting requirements, and other National Labor Relations Board developments. The webinar aimed to bring employers up to date on the current employment law landscape and help them prepare for new regulations and standards.
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Despite the apparent attractiveness of series organizations, on balance, there are usually more reasons to avoid them rather than to use them. This presentation will demonstrate a few.
This presentation describes why professional service firms choose an ESOP to implement their goals, including the goal of providing employee ownership, and how ESOPs are implemented by the firm with or without outside financing.
Partner in the firm's Corporate & Securities Group, Steven Weiss, presents 'Planning for a Liquidity Event' at AM&AA 2014 Summer Conference with Roger Schoenfeld from Cross Keys Capital.
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Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
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Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
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"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
From Promise to Practice. Implementing AI in Legal Environments
Employment Presentation
1. Top Five Employment Law Issues for
Accounting Firms
Laura Friedel
Levenfeld Pearlstein, LLC
June 9, 2014
1
2. Five Issues:
1. Transition Planning While Avoiding Age
Discrimination Claims
2. Technology in the Workplace
3. Independent Contractor or Employee
4. Restrictive Covenants – Recent Developments
5. Compensating Employees Legally
3. Transition Planning
Two Topics:
1. When is a partner protected by age
discrimination laws?
2. What are you getting yourself into with
transition agreements?
4. Transition Planning:
When are Partners Protected by ADEA?
Key Points:
• ADEA doesn’t have a “partner exception”
• ADEA only sees two groups – employers
(owners) and employees
• If partner is to be considered outside
ADEA’s protections, the firm has to
establish that he’s an owner rather than an
employee
5. Transition Planning:
When are Partners Protected by ADEA?
As the Supreme Court explained in 2003:
“an [owner]is the person, or group of persons, who
owns and manages the enterprise. The [owner]
can hire and fire employees, can assign tasks to
employees and supervise their performance, and
can decide how the profits and losses of the
business are to be distributed. The mere fact that a
person has a particular title – such as partner …
should not necessarily be used to determine
whether he or she is an employee of a proprietor.”
6. Transition Planning:
When are Partners Protected by the ADEA?
Key questions to ask:
1. Can the firm hire or fire the individual or set the rules
and regulations relating to his work?
2. Does the firm supervise the individual’s work, and to
what extent?
3. Does the individual report to someone higher in the
organization?
4. Is the individual able to influence the firm, and to what
extent?
5. Was the intent that the individual be an employee (as
expressed in written agreements and contracts)?
6. Does the individual share in the profits, losses, and
liabilities of the organization?
7. Transition Planning:
When are Partners Protected by the ADEA?
Look at structure of firm AND the role
individual partners have in managing (as
opposed to an executive or management
committee)
8. Transition Planning:
When are Partners Protected by the ADEA?
No bright line test, but there’s a spectrum…
• Managing Partner / Executive Committee
Members
• General Equity Partners Members
• Non-Equity Partners
9. Transition Planning:
When are Partners Protected by the ADEA?
For General Equity Partners:
• How autonomous?
• How much control over own career?
• How much control over firm?
• Financial stake in firm?
11. Transition Planning:
The Transition Trap
Even if a partner was legitimately an
owner previously, if his compensation or
responsibilities change as part of a
transition to retirement, his “owner”
status likely will as well…..
12. Transition Planning:
The Transition Trap
Tips for Transition Agreements that’s don’t
violate the ADEA:
1. Don’t think of them as extensions to
partnership agreement – think of them as
employment agreements
2. Consider contracts with set end point to control
expectations
3. Don’t apply age-based cut offs or requirements
4. Tie benchmarks or triggers to facts and
circumstances (hours of work, client
responsibility, etc.) rather than age
13. Technology in the Workplace
Two Topics:
1. Social Media
2. Bring Your Own Device (“B.Y.O.D.”)
14. Technology in the Workplace:
Social Media
Why should we care about social media in
the workplace?
• National Labor Relations Board (NLRB):
- employees have right disparage the firm, coworkers
and supervisors
- employees have right to discuss compensation
- employees have right to take photos in workplace
- employees have right to share information about other
employees (even if you consider it to be confidential)
15. Technology in the Workplace:
Social Media
• Critical to client relationship development BUT
makes it easier for individuals to take firm
information and relationships
- LinkedIn as a virtual Rolodex
• may render prohibitions on taking/using client information obsolete
- No need to announce departure
• The fine line between monitoring and violating
privacy
- Civil and Criminal liability for accessing without authorization
- Other exposure for violating privacy rights
• Blurring of line between professional and personal
16. Technology in the Workplace:
Social Media
….but mostly, because your
employees – especially millennials –
are making it part of your workplace
whether you like it or not.
In a recent study, 75% of employees admitted to
accessing social media on their mobile devices while
at work and 67% do so more than twice a day
17. Technology in the Workplace:
Social Media
Key action point: Make sure you have a strong
but compliant social media policy in place
• No expectation of privacy / right to monitor
• All company policies apply on social media
• Clearly provide for ownership of social media accounts,
handles and followers/friends/links
• Prohibit statements on behalf of company without
authorization
• Where permitted, consider requiring privacy settings
18. Technology in the Workplace:
Social Media
Social Media Policy Don’ts….
• Don’t prohibit disparaging comments about supervisors,
compensation, workplace or other working conditions
• Don’t prohibit work-related posts
• Don’t prohibit employees from “friending” one another
• Don’t require that complaints/concerns first be brought to
management
• Don’t forget to review your policy annually to incorporate
any new legal standards and reflect new social media
opportunities
20. Technology in the Workplace
B.Y.O.D.
Things to think about in allowing
individuals to B.Y.O.D.….
1. Further blurs personal/professional lines
• off the clock work
• personal activity infringing on work time
• personal activity known to employer
• who pays and for what?
21. Technology in the Workplace:
B.Y.O.D.
2. Confidentiality of Information
• Apps & Cloud based backups
• Use by family/friends
• Security requirements more difficult to implement
and enforce
- Passwords
- Virus and Malware protection
- Lost device protocols
- 3rd party technical support
22. Technology in the Workplace:
B.Y.O.D.
3. Right to Access Device
• Just because employer is paying for service, doesn’t
mean can access device
• Need employee’s authorization (in advance or at
time of review) to review, even if legitimate reason to
need review -- CFAA / SCA
- Litigation or investigation
- Repairs, updates
- Backups and keeping data accessible
• Practical issue of how to respect privacy while
reviewing
23. Technology in the Workplace:
B.Y.O.D.
4. Post-Separation Issues
• Who keeps the device and the information on it
- Client contact info may ONLY be on device
- Can’t wipe without authorization or violate CFAA/SCA
• Who keeps the #?
- Just because pay for service, doesn’t give company the
right to the number
- What happens when clients call?
- Even if have policy saying company keeps number, difficult
to implement because all personal contacts have it too (and
for many, it’s only phone #)
24. Technology in the Workplace:
B.Y.O.D.
To B.Y.O.D. or not to B.Y.O.D.….
a VERY firm-specific decision
Key = consider whether cost savings and personal
preferences outweigh the risks we’ve discussed.
25. Technology in the Workplace:
B.Y.O.D.
If you decide to allow B.Y.O.D., make
sure you have those using personal
devices sign an agreement.
26. Technology in the Workplace:
B.Y.O.D.
Key provisions for the agreement include…
• Ownership of device, information and number
• Application of all company policies
(harassment/discrimination)
• Employer’s authorization to access/wipe and to obtain info
from 3rd parties
- Security requirements
- Passwords
- Firewalls
• Lost device requirements
27. Technology in the Workplace:
B.Y.O.D.
• Limitations on use
- Friends & family
- Cloud backups
- Apps that allow access
- Technical support obligations
• Reimbursement policy
• Off the clock work policy
• Expectations on separation
- what happens to phone number
- wiping
- receipt of calls
- requirement to provide phone records
28. Independent Contractors
IRS 20-factor or 3 Category test isn’t
the only one out there.
• Different tests apply on the particular statute at issue
• Perhaps most different is “ABC” Test
29. Independent Contractors
“ABC” Test used by many states:
A. The individual is free from control or direction over the
performance of the services, both under his/her contract
and in fact.
B. The service is either:
- Outside the usual course of business for the company; or
- Performed outside the place of business.
C. The worker is engaged in an independently established
trade, occupation, profession or business.
Note: Must establish A, B and C to establish independent
contractor status
31. Independent Contractors
Why should accounting firms care?
• If you have any independent contractors, make sure
you’re considering whether they’re properly classified
under applicable tests
• Misclassification opens your firm to overtime and
exempt status claims, among others
• If you’re advising clients, it doesn’t hurt to point out
that just because they are ok under IRS test, doesn’t
mean there’s no risk
33. Restrictive Covenant Agreements
Massachusetts:
• Major effort from legislature and
governor to ban many non-competition
agreements
• Proposal is modeled on California’s
approach EXCEPT would allow forfeiture
of incentive compensation if violate
• Will know more July 31st
• STAY TUNED!
34. Restrictive Covenant Agreements
Illinois:
• Appellate Court held that at will employment
is not sufficient consideration for restrictive
covenant agreement unless employee is
employed for 2+ years
• Some case law challenging, but remains
good law in Cook County (Chicago area)
• To avoid: provide consideration other than
employment or continued employment
• signing bonus
• notice of termination without cause (or pay in
lieu of notice)
• other tangible consideration
35. Restrictive Covenant Agreements
Wisconsin:
• Supreme Court is currently considering whether
at-will employment is sufficient consideration for
a non-compete
• Similar to recent case law in Illinois
• STAY TUNED!
36. Restrictive Covenant Agreements
Connecticut:
• Law was passed in 2013 providing
that any “non-compete” agreement
entered into after October 1, 2013
would only be enforced if employee
is given the agreement in advance
and at least 7 days to consider
• Version that ultimately passed only
applied in context of M&A
• Governor vetoed citing uncertainty
and sent back to legislature for
further consideration
37. Restrictive Covenant Agreements
Georgia:
• New employer-friendly law became
effective May 11, 2011
• New standards only apply to
agreements entered into on or after
that date
• If have agreements from earlier,
enter into new ones!
38. Restrictive Covenant Agreements
Oklahoma:
• New law explicitly permits
restrictions on soliciting
employees and independent
contractors
New Jersey & Maryland:
• Proposed legislation would prohibit
enforcement of non-competes, non-
solicits, and non-disclosure agreements
against those who can claim
unemployment compensation
39. Compensating Your Team Legally
Two areas to highlight:
1. Exempt status (overtime eligibility)
2. Compensation for hours worked
40. Compensating Your Team Legally
Exempt Status High-Risk Areas for
Accounting Firms:
• Staff accountants
- junior level, non-CPAs who are heavily supervised or whose duties
don’t actually require advanced, academic knowledge
- some good case law, but still unclear
• Administrative Staff
- key = discretion & independent judgment with regard to matters of
significance
41. Compensating Your Team Legally:
Exempt Status
Accountants:
Certified public accountants generally meet the
duties requirements for the learned professional
exemption. In addition, many other accountants
who are not certified public accountants but
perform similar job duties may qualify as exempt
learned professionals. However, accounting
clerks, bookkeepers and other employees who
normally perform a great deal of routine work
generally will not qualify as exempt
professionals.
42. Compensating Your Team Legally:
Exempt Status
A few notes on staff accountant cases:
• limitations imposed by accounting rules and internal
policies procedures can suggest lack of discretion and
independent judgment
• these are very expensive and distracting cases
• reality is that Staff Accountant cases are starting to turn in
firms’ favor, but that doesn’t mean they won’t keep
coming….
43.
44. Compensating Your Team Legally:
Overtime
It’s the week before
April 15th. The whole
team is pitching in
and putting in extra
hours. Your admin
ends up working 60
hours that week.
Compensation Quiz:
45. Compensating Your Team Legally:
Overtime
What are ok ways to compensate your admin
for this added time?
A. Give her a day or two off the following week
B. Pay her time and a half for 20 of those hours
C. Give her a gift card as a thank you
D. Give her a bonus as a thank you
E. Nothing’s required, there are plenty of weeks during the
year when she only works 25 or 30 hours
46. Compensating Your Team Legally:
Overtime
B. The only way to compensate non-
exempt employees for overtime is to
pay them for it.
General requirement is 1 ½ time for all hours over 40
hours a week, but some states have additional
requirements.
47. Compensating Your Team Legally
Why should accounting firm management care
about exempt status and overtime?
• These are HUGE cases
- losses on technicalities are the norm
- concepts of fairness don’t apply
- a real cottage industry for plaintiffs’ lawyers
- very expensive to litigate
- enormous damages
• Change in this area has large impact on culture, so needs
to be managed and led from the top