In the current economic environment, employees are more likely to file wage claims against their employer. To take control of this situation, employers should understand and comply with FLSA laws by auditing their pay practices, ensuring proper documentation, communicating policies to employees, and partnering with experts if needed. Non-compliance can result in penalties such as paying double the outstanding wages and facing investigations and wage claims.
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
This document discusses the legal and tax implications of employing contractors versus employees. It outlines several tests used by courts and tax authorities to determine status, including control, ownership of tools, chance of profit/loss, integration, and permanency. The tax and legal obligations of employers differ significantly from those of businesses engaging independent contractors. Key areas that are addressed include payroll, benefits, insurance, termination issues, and intellectual property rights. The document provides advice on structuring relationships and contracts to minimize risks of a contractor being deemed an employee.
This document provides information and advice for starting a new business. It discusses determining the type of business and reasons for starting. It notes that over half of small businesses fail within the first year, often due to lack of funding. Key considerations for business success include having a business plan, keeping accurate financial records, obtaining the proper legal structure such as an LLC, and finding sources of funding such as personal savings, investors, or loans. The document provides resources for writing a business plan and obtaining loans or grants.
This document discusses new certification requirements for overhead rates that will impact engineering and design firms working with the federal government. It notes that firms must now annually certify their overhead cost submissions and proposals to ensure compliance with federal regulations. Non-compliance could result in suspension, debarment, or prosecution. It provides examples of indirect costs that could be deemed unallowable if improperly charged to overhead and advises firms to implement policies to protect themselves, including educating staff on contracting rules and separating unallowable cost accounts.
1. The document discusses various considerations for starting a small IT consulting firm, including collaborating with co-founders, choosing a business entity type, and initial corporate organization. 2. It examines different business entity types like limited partnerships, limited liability partnerships, and corporations. 3. The document also covers strategic planning, determining fees and rates, and pricing models like hourly billing rates and fixed price contracts.
Insurance Issues for IKECA Owners/OperatorsCBIZ, Inc.
The document discusses various insurance issues for owners and operators of kitchen exhaust cleaning companies. It provides overviews of healthcare reform, workers' compensation, and property and casualty insurance markets. It outlines steps to determine risks under healthcare reform and how to market insurance programs, lower costs, and deal with rate increases. Difficult states like Florida and New York are also addressed.
IAPD/IPRA Conference Soaring to New Heights presentation for Human Resource professionals. Topics include: HR Best Practices; Class Action and Retaliation; Recent Court Cases; and HR Stories from the front lines.
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
This document discusses the legal and tax implications of employing contractors versus employees. It outlines several tests used by courts and tax authorities to determine status, including control, ownership of tools, chance of profit/loss, integration, and permanency. The tax and legal obligations of employers differ significantly from those of businesses engaging independent contractors. Key areas that are addressed include payroll, benefits, insurance, termination issues, and intellectual property rights. The document provides advice on structuring relationships and contracts to minimize risks of a contractor being deemed an employee.
This document provides information and advice for starting a new business. It discusses determining the type of business and reasons for starting. It notes that over half of small businesses fail within the first year, often due to lack of funding. Key considerations for business success include having a business plan, keeping accurate financial records, obtaining the proper legal structure such as an LLC, and finding sources of funding such as personal savings, investors, or loans. The document provides resources for writing a business plan and obtaining loans or grants.
This document discusses new certification requirements for overhead rates that will impact engineering and design firms working with the federal government. It notes that firms must now annually certify their overhead cost submissions and proposals to ensure compliance with federal regulations. Non-compliance could result in suspension, debarment, or prosecution. It provides examples of indirect costs that could be deemed unallowable if improperly charged to overhead and advises firms to implement policies to protect themselves, including educating staff on contracting rules and separating unallowable cost accounts.
1. The document discusses various considerations for starting a small IT consulting firm, including collaborating with co-founders, choosing a business entity type, and initial corporate organization. 2. It examines different business entity types like limited partnerships, limited liability partnerships, and corporations. 3. The document also covers strategic planning, determining fees and rates, and pricing models like hourly billing rates and fixed price contracts.
Insurance Issues for IKECA Owners/OperatorsCBIZ, Inc.
The document discusses various insurance issues for owners and operators of kitchen exhaust cleaning companies. It provides overviews of healthcare reform, workers' compensation, and property and casualty insurance markets. It outlines steps to determine risks under healthcare reform and how to market insurance programs, lower costs, and deal with rate increases. Difficult states like Florida and New York are also addressed.
IAPD/IPRA Conference Soaring to New Heights presentation for Human Resource professionals. Topics include: HR Best Practices; Class Action and Retaliation; Recent Court Cases; and HR Stories from the front lines.
Architecture, Engineering & Construction Seminar - 2015CBIZ, Inc.
This document outlines a 7 step process for transition planning:
1. Assemble a team of key company personnel and professional advisors.
2. Formulate a long-term action plan that determines objectives, valuation methods, timeline, and who will assume ownership.
3. Ownership can be transferred to family/heirs through gifts, bequests, or sale during life or at death.
4. Ownership can be transferred to employees through stock sales, compensation plans, or an ESOP.
5. If ownership is shared, buy-sell agreements are important to restrict transfers and establish valuation and exit terms.
6. Buy-sell agreements can use redemption, where the
BDPA Charlotte chapter hosted Jan 2010 program meeting on the topic, "Running a Small IT Consulting Firm". The speaker was John Hoffler. This is the .ppt presentation that Mr. Hoffler used for his presentation.
Tax tips traps and fatal mistakes of a startupTim Miron
This document provides tax tips, traps, and fatal mistakes for startups. It discusses structuring as unincorporated or incorporated, income tax deductions, HST registration and filing, bookkeeping best practices, holding companies, maximizing RRSPs, mistakes like improper incorporation, not filing taxes, lack of shareholder agreements, misclassifying employees, and using subcontractors incorrectly. The document aims to help business owners keep more of the money they make through strategic tax planning.
Legal and Tax Implications When Setting Up a Business in FloridaNeil Rumbak
This document provides guidance to Joe Smith on setting up his web design business in Florida. It discusses the key considerations in choosing a business structure, including management, tax implications, and liability protection. It recommends Joe start as a sole proprietorship doing business as "Web Design Services" for simplicity. As the business grows and hires employees, converting to an S-Corporation is suggested to reduce payroll taxes. Later, if the business becomes very large, dropping the S-election or going public may make sense. The document provides an overview of various business structures and their implications.
Recorded on June 13, 2013. - This webinar, intended for community workers, presents options for workers who have been fired or laid off. It looks at when an employer can fire an employee, what a worker can do if they are wrongfully dismissed, and what the Courts or the Ministry of Labour look for when dealing with dismissal cases.
Watch an archived recording of this webinar and download copies of presentation materials at
http://yourlegalrights.on.ca/webinar/wrongful-dismissal
This document discusses employment contracts and policies. It provides guidance on drafting employment contracts, including important provisions around status, wages, leave, termination and duties. It also discusses the relationship between policies and contracts, noting policies can become incorporated even if not intended. Effective policies should be clear, reasonable, communicated and applied consistently.
The document provides guidance for general counsel on key tasks and priorities during the first three months on the job. It recommends establishing positive relationships, learning about the business and key documents, analyzing legal processes, and demonstrating initiative to add value while addressing immediate needs and supporting business initiatives. The general counsel should develop strategic plans, systems, and performance metrics aligned with the company's goals and balance legal risks with creative solutions that impact the bottom line.
This presentation covers examines the business management side of law firms, including metrics for law firm marketing, law firm technology spending and law firm profitability. It is broken into the following sections:
- Six Numbers Law Firm Stakeholders Should Know
- Investing time in your law firm
- Law practice vs. Law firm business
- Developing a roadmap
- Evaluating Clients
- Working within your budget constraints
Business Owner Insurance Planning By Mark SimonMark L. Simon
The document discusses various business planning strategies for owners, including benefits for key employees like supplemental retirement plans, executive bonus plans, and split-dollar insurance. It also covers benefits for all employees like qualified pension and health plans. The document provides an overview of different business entity structures and considerations for choosing life insurance, buy-sell agreements, disability insurance, and estate planning.
Having HR, legal and finance in sync is important when hiring international employees. Will they be contractors or employees? What types of contracts are required? Do they need to set up an entity?
Independent Contractors and Employees: Understanding the DifferenceDeirdre Kamber Todd
This document provides an overview of the differences between classifying workers as employees versus independent contractors. It discusses the various tests used by the IRS, US Department of Labor, US Supreme Court and Pennsylvania Department of Labor to determine status. The document notes that no single factor determines classification and that the tests examine the degree of control over the worker and the economic realities of the relationship. It also summarizes the potential consequences of misclassification and an IRS program for voluntarily reclassifying workers.
Independent Contractor or Employee? Understanding the Risk of Misclassificati...ComplyRight, Inc.
Many businesses choose to work with independent contractors, which is perfectly acceptable. But only if you follow the legal parameters. The IRS has strict worker classification rules regarding who is a contractor and who is an employee. Get it wrong and you could face severe penalties, including back taxes, steep fines and, in some cases, even prison.
This document discusses various legal issues that small business owners should be aware of, including:
- Understanding the different types of laws (federal, state, local) that may apply to a small business.
- Hiring an experienced small business attorney to provide legal advice and represent the business as needed.
- Choosing an appropriate legal structure for the business, such as a sole proprietorship, partnership, corporation, or LLC.
- Protecting the business name as intellectual property and complying with regulations regarding contracts, liability, taxation and other legal matters.
The document summarizes key updates related to employment law, including new DOL guidance on employee misclassification, proposed changes to white collar exemptions under the FLSA, and developments regarding protections for sexual orientation under Title VII. On employee misclassification, the DOL issued new guidance emphasizing the "economic realities" test and noting most workers are employees. Proposed changes to white collar exemptions include increasing the minimum salary level and considering a duties test threshold. Regarding Title VII, an EEOC decision found discrimination based on sexual orientation constitutes sex discrimination.
Unfair Dismissal - Misconduct (2 of 4) Webinar SlidesShorebird RPO
In the second webinar of this series on unfair dismissal, Barrister Helen Gardiner gives us a whistle stop tour of Misconduct and what an employer really should know.
If you would like to view the full webinar, please email marketing@shorebird-rpo.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh
As an entrepreneur, your goal is to build a business that will grow for years to come. Review our presenters' slides with notes to show you how you can increase the value of your business, retain employees and evaluate growth options to achieve maximum success. Also learn about increasing the value of your business, leasing, franchising, and purchase & sale agreements.
To view our video coverage of the event, visit: http://www.welchllp.com/resource-centre/videos/events/
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
Consulting involves choosing a business structure like a sole proprietorship, partnership, LLC, or S corporation. It also requires setting up important insurances like errors & omissions, disability, life, auto, and home office coverage. Additionally, consultants must establish a company presence through branding elements, choose communication and marketing tools, and obtain the proper legal contracts and payment terms. Managing projects, time, tasks, source control and finances also requires using various software tools. Ultimately, consultants are accountable to clients and must interact professionally while avoiding politics.
Hiring Hazards: How to Avoid the 7 Most Common Legal LandminesComplyRight, Inc.
Hiring talented, hard-working employees is a vital part of running a successful business. But it’s not always easy – nor is it risk-free. Make one wrong move, and a job seeker could sue your company for discriminatory or unfair hiring practices.
In this climate of heightened attention and regulatory enforcement, you can’t afford to cut corners when hiring. Strict compliance with employment laws comes into play at nearly every stage – from writing a job description and placing an ad to interviewing and screening applicants. This free webinar will examine the biggest legal landmines when hiring, with practical pointers on navigating a safe and compliant hiring path.
Watch now and learn:
- Why your job application may be illegal
- 5 questions you should NEVER ask candidates
- How to use pre-employment testing without getting into trouble
- The proper – and legal – way to construct a job offer
- Tips for completing new hire paperwork correctly
- The one thing you should provide to every new employee for your protection
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.
Show Them the Money: Wage & Hour Compliance (Series: Protecting Your Employee...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-wage-hour-compliance-2020/
Architecture, Engineering & Construction Seminar - 2015CBIZ, Inc.
This document outlines a 7 step process for transition planning:
1. Assemble a team of key company personnel and professional advisors.
2. Formulate a long-term action plan that determines objectives, valuation methods, timeline, and who will assume ownership.
3. Ownership can be transferred to family/heirs through gifts, bequests, or sale during life or at death.
4. Ownership can be transferred to employees through stock sales, compensation plans, or an ESOP.
5. If ownership is shared, buy-sell agreements are important to restrict transfers and establish valuation and exit terms.
6. Buy-sell agreements can use redemption, where the
BDPA Charlotte chapter hosted Jan 2010 program meeting on the topic, "Running a Small IT Consulting Firm". The speaker was John Hoffler. This is the .ppt presentation that Mr. Hoffler used for his presentation.
Tax tips traps and fatal mistakes of a startupTim Miron
This document provides tax tips, traps, and fatal mistakes for startups. It discusses structuring as unincorporated or incorporated, income tax deductions, HST registration and filing, bookkeeping best practices, holding companies, maximizing RRSPs, mistakes like improper incorporation, not filing taxes, lack of shareholder agreements, misclassifying employees, and using subcontractors incorrectly. The document aims to help business owners keep more of the money they make through strategic tax planning.
Legal and Tax Implications When Setting Up a Business in FloridaNeil Rumbak
This document provides guidance to Joe Smith on setting up his web design business in Florida. It discusses the key considerations in choosing a business structure, including management, tax implications, and liability protection. It recommends Joe start as a sole proprietorship doing business as "Web Design Services" for simplicity. As the business grows and hires employees, converting to an S-Corporation is suggested to reduce payroll taxes. Later, if the business becomes very large, dropping the S-election or going public may make sense. The document provides an overview of various business structures and their implications.
Recorded on June 13, 2013. - This webinar, intended for community workers, presents options for workers who have been fired or laid off. It looks at when an employer can fire an employee, what a worker can do if they are wrongfully dismissed, and what the Courts or the Ministry of Labour look for when dealing with dismissal cases.
Watch an archived recording of this webinar and download copies of presentation materials at
http://yourlegalrights.on.ca/webinar/wrongful-dismissal
This document discusses employment contracts and policies. It provides guidance on drafting employment contracts, including important provisions around status, wages, leave, termination and duties. It also discusses the relationship between policies and contracts, noting policies can become incorporated even if not intended. Effective policies should be clear, reasonable, communicated and applied consistently.
The document provides guidance for general counsel on key tasks and priorities during the first three months on the job. It recommends establishing positive relationships, learning about the business and key documents, analyzing legal processes, and demonstrating initiative to add value while addressing immediate needs and supporting business initiatives. The general counsel should develop strategic plans, systems, and performance metrics aligned with the company's goals and balance legal risks with creative solutions that impact the bottom line.
This presentation covers examines the business management side of law firms, including metrics for law firm marketing, law firm technology spending and law firm profitability. It is broken into the following sections:
- Six Numbers Law Firm Stakeholders Should Know
- Investing time in your law firm
- Law practice vs. Law firm business
- Developing a roadmap
- Evaluating Clients
- Working within your budget constraints
Business Owner Insurance Planning By Mark SimonMark L. Simon
The document discusses various business planning strategies for owners, including benefits for key employees like supplemental retirement plans, executive bonus plans, and split-dollar insurance. It also covers benefits for all employees like qualified pension and health plans. The document provides an overview of different business entity structures and considerations for choosing life insurance, buy-sell agreements, disability insurance, and estate planning.
Having HR, legal and finance in sync is important when hiring international employees. Will they be contractors or employees? What types of contracts are required? Do they need to set up an entity?
Independent Contractors and Employees: Understanding the DifferenceDeirdre Kamber Todd
This document provides an overview of the differences between classifying workers as employees versus independent contractors. It discusses the various tests used by the IRS, US Department of Labor, US Supreme Court and Pennsylvania Department of Labor to determine status. The document notes that no single factor determines classification and that the tests examine the degree of control over the worker and the economic realities of the relationship. It also summarizes the potential consequences of misclassification and an IRS program for voluntarily reclassifying workers.
Independent Contractor or Employee? Understanding the Risk of Misclassificati...ComplyRight, Inc.
Many businesses choose to work with independent contractors, which is perfectly acceptable. But only if you follow the legal parameters. The IRS has strict worker classification rules regarding who is a contractor and who is an employee. Get it wrong and you could face severe penalties, including back taxes, steep fines and, in some cases, even prison.
This document discusses various legal issues that small business owners should be aware of, including:
- Understanding the different types of laws (federal, state, local) that may apply to a small business.
- Hiring an experienced small business attorney to provide legal advice and represent the business as needed.
- Choosing an appropriate legal structure for the business, such as a sole proprietorship, partnership, corporation, or LLC.
- Protecting the business name as intellectual property and complying with regulations regarding contracts, liability, taxation and other legal matters.
The document summarizes key updates related to employment law, including new DOL guidance on employee misclassification, proposed changes to white collar exemptions under the FLSA, and developments regarding protections for sexual orientation under Title VII. On employee misclassification, the DOL issued new guidance emphasizing the "economic realities" test and noting most workers are employees. Proposed changes to white collar exemptions include increasing the minimum salary level and considering a duties test threshold. Regarding Title VII, an EEOC decision found discrimination based on sexual orientation constitutes sex discrimination.
Unfair Dismissal - Misconduct (2 of 4) Webinar SlidesShorebird RPO
In the second webinar of this series on unfair dismissal, Barrister Helen Gardiner gives us a whistle stop tour of Misconduct and what an employer really should know.
If you would like to view the full webinar, please email marketing@shorebird-rpo.com and we will happily email the recording immediately, or why not join our LinkedIn Webinar Network to access all our archives http://linkd.in/1acZPdh
As an entrepreneur, your goal is to build a business that will grow for years to come. Review our presenters' slides with notes to show you how you can increase the value of your business, retain employees and evaluate growth options to achieve maximum success. Also learn about increasing the value of your business, leasing, franchising, and purchase & sale agreements.
To view our video coverage of the event, visit: http://www.welchllp.com/resource-centre/videos/events/
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
Consulting involves choosing a business structure like a sole proprietorship, partnership, LLC, or S corporation. It also requires setting up important insurances like errors & omissions, disability, life, auto, and home office coverage. Additionally, consultants must establish a company presence through branding elements, choose communication and marketing tools, and obtain the proper legal contracts and payment terms. Managing projects, time, tasks, source control and finances also requires using various software tools. Ultimately, consultants are accountable to clients and must interact professionally while avoiding politics.
Hiring Hazards: How to Avoid the 7 Most Common Legal LandminesComplyRight, Inc.
Hiring talented, hard-working employees is a vital part of running a successful business. But it’s not always easy – nor is it risk-free. Make one wrong move, and a job seeker could sue your company for discriminatory or unfair hiring practices.
In this climate of heightened attention and regulatory enforcement, you can’t afford to cut corners when hiring. Strict compliance with employment laws comes into play at nearly every stage – from writing a job description and placing an ad to interviewing and screening applicants. This free webinar will examine the biggest legal landmines when hiring, with practical pointers on navigating a safe and compliant hiring path.
Watch now and learn:
- Why your job application may be illegal
- 5 questions you should NEVER ask candidates
- How to use pre-employment testing without getting into trouble
- The proper – and legal – way to construct a job offer
- Tips for completing new hire paperwork correctly
- The one thing you should provide to every new employee for your protection
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.
Show Them the Money: Wage & Hour Compliance (Series: Protecting Your Employee...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-wage-hour-compliance-2020/
Compensation history ban presentation for recruitersDave Nerz, CPC
New Laws are sweeping the US forbidding employers and recruiters to ask candidates about Salary History. Get a quick summary with a focus on Recruiters
The federal government's interpritation of an employee versus a contractor is becoming more stringent. This article by Peter McDonald, CPA of Smith Elliott Kearns & Co., LLC explains several key questions which will help you understand the difference.
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.
This document summarizes the top ten hot topics in employment law that were discussed at a conference by speakers from RPG Solutions and Hutchison PLLC law firms. The topics included determining whether a worker is an employee or independent contractor, exemptions for overtime pay, proper use of interns, impacts of the Department of Labor and Affordable Care Act regulations, implications of an employee's state of residence, types of leave policies, tracking paid time off, managing the various stages of an employee's tenure from hiring to termination, important employment documentation practices, and ensuring compliance with laws regarding background checks, drug testing, and other regulatory requirements.
This document provides an overview of wage and hour laws for Florida employers. It discusses the basic requirements under the Fair Labor Standards Act (FLSA), including minimum wage, overtime pay, and recordkeeping. It warns that noncompliance can result in lawsuits, back wages, penalties and fines. The document offers tips for proper timekeeping, ensuring exempt status of employees, and conducting wage and hour audits. It recommends implementing policies and training to reduce risks of violations.
In this straightened economic climate, redundancy is a threat faced by millions of UK employees. It is important for employees who may face redundancy to understand their rights. Employees should consult their company's redundancy policy to understand the procedure and their entitlements. Reasons for redundancy must be legally acceptable, such as a job becoming obsolete, and employees cannot be selected due to attributes like union membership. Statutory redundancy pay is calculated based on years of service and weekly pay, up to a maximum of 20 years and £350 per week.
Working with Independent Contractors: Smart Strategies for Effective (and Leg...ComplyRight, Inc.
Do you sometimes turn to freelancers, consultants and other independent contractors to get the work done? With the IRS and Department of Labor (DOL) both cracking down on contractor misclassification, following the rules has never been more critical. The risks include having to pay fines, back pay and back taxes.
This free, expert-led webinar to learn best practices for establishing a legally sound independent contractor relationship from day one. You’ll also receive helpful guidance on how to manage contractors’ day to day without stepping over the ‘employee’ line. The webinar will cover:
• Why proper classification matters (and what can happen if you get it wrong)
• What it takes to establish a contractor relationship under the law
• Helpful tips to ensure you don’t cross the line from contractor to employee
• Critical components every contractor agreement should include
Most employers have heard at least one of these demands from their employees:
“You have to give me two 15-minute breaks.”
“You owe me overtime pay for last week.”
“You can’t make me work on Sundays.”
This webinar reveals the truths behind seven common employee misconceptions about time and pay laws. We’ll reveal the real truths behind these demands, according to the latest regulations. Just as important, you will walk away with a better understanding of how to protect your rights as an employer.
You will learn:
What the law really says about breaks (you may be surprised!)
When you can — and can’t — force employees to work on weekends and holidays
Whether or not you must pay employees for time spent traveling, training and commuting to work
Legal methods for minimizing overtime pay
When you should consider going above and beyond what the law requires
The document provides an overview of a toolkit for hiring independent contractors in a legally compliant manner. It discusses the differences between employees and independent contractors, factors that determine compliance, best practices for finding, screening and onboarding independent contractors, and key elements to include in independent contractor agreements and scopes of work. The toolkit is intended to help businesses understand compliance requirements and successfully manage independent contractor relationships.
The document provides an overview of factors to consider when transitioning to an independent consulting career. It discusses the benefits of flexibility and autonomy but also stresses the importance of having specialized skills, business sense, and an entrepreneurial mindset. It compares various legal structures and outlines options like using a portable employer of record service to gain benefits and reduce risks compared to sole proprietorship.
The document discusses various options for financing a business, including grants, start-up financing, and other options like business plans. It provides details on applying for grants and common reasons for rejection. It also covers considerations for starting a business such as common mistakes, financial problems, and assessing if you have the commitment and skills to be an entrepreneur. Other financing options discussed include selling shares, private and public limited companies, and improving cashflow.
This document provides an overview of payroll tips and tricks including:
1. Key changes to payroll regulations in 2013/14 such as superannuation and wage increases.
2. An introduction to Fair Work regulations regarding minimum employment standards and potential fines for noncompliance.
3. Common payroll risks like incorrect payment of wages, penalties for misclassifying employees as contractors, and record keeping requirements.
Personnel structuring and compensation considerations for early stage companieshutchlaw
This document summarizes employment law considerations for early stage companies. It discusses classifying workers as employees or independent contractors, ensuring proper payment of wages and compliance with overtime laws. Unpaid internships must meet specific criteria. Documentation of hiring, compensation, and intellectual property is important. HR best practices like performance reviews help manage personnel. Compliance with state and federal labor laws is essential regardless of company size.
No HR Staff? 7 Crucial Moves to Master Everyday Employee ManagementComplyRight, Inc.
There's a point when it becomes obvious that a business needs an HR professional on staff. Until then, managing the required recordkeeping tasks, handling questions from employees, and taking proper steps to protect your business from legal risk can seem like a never-ending burden that distracts from other critical business activities. And yet, you can’t afford to ignore these responsibilities.
Take a deep breath! This free webinar will provide practical guidelines for getting HR activities under control, even without an HR specialist on staff. After the presentation, you’ll have solid information to help your business run more smoothly and, most importantly, protect you in the event of an employee lawsuit.
In this insightful webinar, you'll learn:
• Common mistakes to avoid when hiring
• How to create an organized recordkeeping system
• Employee policies every business needs
• The right way to document performance issues
• Why accurate labor law postings are critical
• Steps to prevent a costly harassment claim
• How to use technology to reduce HR overhead
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1. In the current economic environment, employees are more likely to fire claims against their employer. WHAT CAN EMPLOYERS DO TO TAKE CONTROL?
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4. Dwight Schrute on Loyalty “Would I ever leave this company? Look, I'm all about loyalty. In fact, I feel like part of what I'm being paid for here is my loyalty. But if there were somewhere else that valued loyalty more highly, I'm going wherever they value loyalty the most.” ~ Dwight Schrute: The Office
5. Recent Trend in Claims 42% increase in Wage Claims 2,714 claims in Utah July 2009 184 claims Record # of Wage Claims for 2008 Fiscal year Multiple filings with same company
6. What are the Penalties? Outstanding Wages 5% interest up to 20 days This equals the wage claim amount so you end up paying double the outstanding wage.
7. Wage and Hour Enforcement Obama’s 2010 Budget includes 17% increase in enforcement budget 22% increase in Full-time employees Purpose: Conduct more targeted investigations To maximize compliance Focus on low-wage industries that employ vulnerable workers
8. Common Errors Employers Make Banking Hours Independent Contractors Tip Reporting Salaried Employees Youth Jobs (mowing lawns) Pay employee from multiple entities Ask employees to do work off the clock Pay piece rate without tracking hours Paying payroll late because of funding issues Payroll deductions
13. FLSA Basics Minimum wage and overtime requirements Equal pay Calculate overtime Rest and Meal Periods Recordkeeping requirements Exemptions from overtime requirements Deductions from pay Independent Contractors vs Employee Tip Reporting Child labor laws
14. Minimum Wage July 24, 2009 $7.25 Federal versus state requirements Minimum wage/overtime posters Make sure you updated your posters with new min wage rate.
15. Equal Pay Equal Pay Act Comparison of jobs Prohibited pay differentials Permitted pay differentials
16. Hours of Work FLSA requires regular and overtime pay Hours worked Workweek Split shifts Training programs, lectures, and meetings Holidays, vacations, and sick days Report-in pay
17. Overtime Overtime for hours worked over 40 Averaging hours prohibited Holiday/sick pay not included On-call and travel time may be included Employee rights Time of payment
24. Types of Exemptions Executive Administrative Professional Computer Sales Highly Compensated Other…
25. Deductions from Pay Absences due to illness or disability Absences for personal reasons Offsets Disciplinary suspensions and penalties First and last weeks of employment Unpaid leave
26. Contractors and FLSA Contractors include workers who contract with the company Reasonable basis test Control: Behavior Financial Relationship: Are they pursuing their own business
27. Child Labor Laws Purpose of child labor laws Workers under age 18 Hours of work Minimum wage Overtime Work restrictions for all minors under 18 Other restrictions vary depending on minor’s age
28. Related Utah Laws Final check within 24 hours If fired or laid off Signature required for deductions Deductions cannot take employee below minimum wage Penalties for late payroll
30. Why You Need to Know Wage and hour issues are critical to the operation of the organization FLSA determinations may be difficult The law affects employee compensation You play an important role in compliance
31. Virtual DOL Audit Employee Complaint or Watch List Notification Letter Prepare Documentation Meeting Minimum Wage Overtime Child Labor
32. Virtual DOL Audit Interview Employees Their best recollection… Decision Letter/Meeting Back Wages Owed Penalties
33. Utah Wage Claim Notification Letter Pay or Fight Documentation Possible Hearing/Mediation Decision Letter
34. How to Protect your Company Understand FLSA Laws Audit current practices Documentation Communicate with employees Provide resources to employees Partner with ESG!!!
How many of your companies have been effected by the current economy? How many was the effect good?How many of your business have been hurt by the economy? Do you feel like your company has been under fire?How many of you have felt the effects of the economy personally? I think we all have. Whether we have been stressed about work, worried about family or have our own personal financial stresses with the current economy.In this presentation we are going to discuss some of the factors facing employers today due to the economy and some ways that you can help prevent them from happening and also ways to protect your organization.
How many of you have seen little kids play with animals (dogs and cats)?What usually happens? The Child thinks that they are friends and that they are playing together, but the animal is typically scared and getting hurt so eventually growls, bits, scratches or whatever it can to protect itself which in turn hurts/scares the child so the child will stop. I think this picture is awesome. This little boy thinks that he and the dog are a great team and is so excited to be with this dog. Look at the dog. He is in defense mode! He is sticking around for incase it actually is fun or in fear, but his stance says he is ready to bolt at any given moment.
Maybe you think claims are common, but it won’t happen to your company because your employees have been with the company for years and they are committed. You have taken care of them in the past, so they will weather the storm through these rough times even if you may not be in compliance.
You never know when your employees have decided they have more loyal to the company than the company has been to them, and will file a claim. You can’t afford to be out of compliance, because of the time and money it could cost your company.
At ESG we work with varying sizes of companies and all types of industries so we are exposed to a lot of creative ways of compensating employees. Many are industry trends, even if they are not compliant and many are just common misconceptions. What do you think are some of the most common mistakes that employers make with Wage and Hours? There are treats for those who participate. You don’t have to get it right to get a treat, but you do have to participate.(Give out small candy bars for all those that give ideas then go through the bulleted items giving examples of how companies have made these mistakes.) Banking Hours: We don’t offer our employees paid leave, so instead of paying them overtime, we just bank these hours so they can take time off in the future when we aren’t so busy and they can still get paid. Their banked hours is time and a half just like overtime would be. 1099: My employee wanted to be an independent contractor and all the other companies in this industry do it, so I just decided to let my employees decide if they want to be independent contractors or employees. Exempt vs Non-Exempt: Usually we get calls from employees on this. They say that they were given a promotion at work and they made them salaried employees. They were excited at first because they felt like it was a great opportunity to move up in the company but their job duties didn’t change, they just started working more hours and not getting paid for them. Piece Rate: My guy were just wasting the time on the job, so I decided that they should only get paid for work that they do and pay them piece rate. So I don’t track their time.
Here are a few ideas to help protect your company.The only area that we are really going to spend much time on is FLSA and Documentation because this is the area that we have seen companies are not sure of. The first and most important thing you need to know to protect your company is to understand and know FLSA laws.FLSA is a Huge topic, so we are going to review some of the more common mistakes employers make and if you are worried that you may have be out of compliance, Contact your HRC and they can answer your questions, and perhaps even do a little mini audit.DocumentationEven if you are doing everything correctly if you have no proof, it becomes the employees word against your word and you may loose a wage claim.CommunicateIf employees feel like their employer is open and honest with them through these rough times and lets them know where they are at, it will help alleviate some of their stress and more committed to the company. Often most employees stress is the unknown or worried that their employee will try to hurt them like the little boy with the puppy.Provide ResourcesThere are EAP services, some financial services, and it may be a good idea to have a resource on different low to now cost options s provided by government agencies for those employees that may need additional help.
Entrepreneurial Dilemma – You had a great idea and started a company. To keep growing you have to hire employees. As soon as you hire an employee you become subject to a lot of administrative headache. Our goal is to help you continue to grow your company without the administrative headache. You focus on what you do best – your company! Let us do what we do best – the administrative part of that…In this context – You started your company to make money, but when you hire employees your administrative burden increases. Here’s what you need to do to make sure you can protect the company you worked so hard to create!!Remember – the FLSA is very complex…make sure you have help to understand all of the related issues. We’ve only addressed a few common mistakes employers make when it comes to the FLSA. There is quite a bit more!!ESG can come do a mini-audit for you.Make sure to document – remember the guy who was fired for the drug screen and successfully sued his company because the printer broke and they didn’t have a copy of the result?