Posts filed under Employment

The Secret To Protecting Your Company From Negative Reviews

Did you know that there are three ways that others can drag your company's reputation through the mud? When that happens, you cannot simply throw money at the problem, nor ignore it and hope it goes away. There is, however, one thing you can do to combat those who insist on thrashing your company's reputation online.

Posted on November 24, 2015 and filed under Employment, Internet / Social Media.

It's Now Easier For Contractors To Get Employee Rights

A new govt. ruling makes it easier for independent contractor to be deemed "employees" of the companies that hire them.  If you use contract workers or if you are a freelancer, this new labor ruling may affect you.  Find out what you can do to avoid these new regulations.

Is It Still Feasible To Rely On Freelancers / Independent Contractors?

It is easy to see the appeal of relying on independent contractors (instead of employees) to do the necessary work for your business.  The meteoric success of companies like Uber, Sprig, Luxe was aided by the fact that they did not have to worry about expenses like paying payroll taxes, social security benefits, vacation time or other fees.  Clearly you also want to avoid these outlays that would have a negative impact on your profitability.   However, recently, there has been quite a few lawsuits that are pushing back against this approach to doing business.  Before you start (or continue) to rely on freelancers in your business, you must read this to find out what if it still feasible to do so.

Posted on September 1, 2015 and filed under Employment.

How To Give Employment References Without Risking A Lawsuit

Despite the personal feeling of many managers and supervisors, many companies have taken their attorneys’ advice and will only provide neutral references for all (both good and bad) of their employees. This is because it, “makes great legal sense. You're only giving documented, truthful information. There is no reason anyone can come back and say you defamed them.” Lucas, however, disagrees with this policy and she gives 5 reasons why you should abandon it:

Posted on October 22, 2014 and filed under Employment.

3 Reasons Contractors Are Better Than Employees

A few months ago, I wrote a blog post about the difference between independent contractors and employees.  In that piece I concluded that many small business owners would prefer to designate their workers as contractors or freelancers because doing this was best for their company’s bottom line.  The data collected by Scott Shane confirms this finding because it shows the spending by sole proprietors “on contract labor rose from 3.5 percent of…business expenses in 2003 to 6.4 percent in 2011”. There are three reasons why small business owners have chosen to hire more freelancers to fulfill their needs:

Posted on August 29, 2014 and filed under Employment.

How Your Friend Might Be The Biggest Threat To Your Business

As the infographic below shows, many employees walk away with passwords, logins, access to your confidential information.  All the steps you took to protect your proprietary information... it's all for naught.  What about compliance with your social media policy that is designed to protect your reputation and ensure that your company does not break any laws? Well, that doesn't really mean much if your former employee still has complete access to your social media accounts right?

Posted on August 19, 2014 and filed under Running Your Business, Employment.

Yes, NY Business Owners - The Medical Marijuana Law Affects You Too!

When I first heard about the proposal to legalize medical marijuana in NY, I asked an acquaintance who worked in the medical field about her thoughts on the matter. Her response was, “Well, it does a pretty good job of managing pain, plus it has fewer side effects than some of the narcotic-based pain killers (like Vicodin) that many patients currently use.”  Of course we ended our conversation by exchanging stories about the extensive marijuana use we both witnessed in college.

Posted on July 31, 2014 and filed under Employment, Regulations.

Why The Govt. Intrusion Into How You Schedule YOUR Employees?

Many of you were probably like me in that you had to work at least part-time while you were in college.  At that time, I was lucky enough to have employees how were more than willing to create schedules that would work around my academic needs.  Now, I understand that not all managers are as accommodating.  Heck, nothing irritates me more than seeing retail workers having to work on Thanksgiving because companies believe that getting a jump on Black Friday sales more important than having their employees spend time with family.  

Posted on July 18, 2014 and filed under Employment, Upcoming Laws.

HIRING FREELANCERS? PROTECT YOURSELF WITH THIS

In a recent blog post, I wrote about the pros and cons of hiring employees versus independent contractors (or freelancers).  As we noted in that piece, contractors or freelancers tend to be less expensive than a typical employee.  That being said, as Jaia Thomas highlighted, there are 3 things you still must do to protect your business if you decide to hire freelancers.

Don't Get Sued Because Of Employee's Postings On Social Media

In a recent blog post, showed you how employees were agents of their employers: this means employers are legally responsible for all of the employees’ actions on the job.  So, if you use your employees as brand advocates, i.e. you have them use social media on your company's behalf, then you might find yourself legally responsible for some of their posts. continue reading...

'Contractor' Or 'Employee'? The Wrong Choice Will Cost You...

The one thing I remembered from law school about the difference between and employees and independent contractors is the issue of agency.  An employee is an agent of the employer.  That means an employer is legally responsible for all the negligence and other liability that the employee commits while doing his job. If you hire an independent contractor, however, you will be able to bypass all liability. continue reading...

Posted on June 24, 2014 and filed under Employment.

6 Things You Have To Consider When Hiring Summer Interns

So I was recently reading a really good article provided by someone in my Google+ circle that pointed out how important it is for small business people to hire help early so that they can free themselves from “busy work” and focus on growing their businesses.  And, seeing that it is already June, I couldn't help think that this is the right time for many of us to get some interns into the office to help out.  They get experience and we get some short-term labor for free or at reasonable price.  This is a win-win right? Not exactly.  continue reading...

Posted on June 3, 2014 and filed under Employment.

There Is At Least ONE STate Where You Cannot Be Legally Handcuffed By Your Former Employers

The non-compete provision is effectively a handcuff that bars potential entrepreneurs from fulfilling their vision.  In so doing, it serves to protect the interests of more established companies.  Though some states are still struggling to decide how to handle these provisions as the move into the future, there is at least one state where they are completely unenforceable.  In that state no employer can hold you hostage and you are completely free to move ahead with any ideas you may have.  continue reading...

Posted on April 22, 2014 and filed under Employment.

New Supreme Court Decision: Can Employers Still Deduct FICA From Severance Pay?

I read quite a few posts here about people who walked away from their regular job to pursue their dreams of being an entrepreneur.  If any of you worked in Kentucky, Michigan, Ohio, and Tennessee (or if you are an employer in these states) you got some joyous news last October when the Sixth Circuit of the U.S Court of Appeals ruled that severance pay should not be subjected to FICA taxes. continue reading...

Posted on April 7, 2014 and filed under Employment.

Is "Religious Freedom" A Passport To Bypassing Certain Regulations?

The 1st Amendment of the Constitution enshrines the separation of church and State in the United States. The Religious Freedom Restoration Act further reinforces the limits on any federal encroachment on our religious freedoms. Because of this, many of us take our religious liberty for granted. But, have you ever thought about whether or not a corporate entity, like your business should be guaranteed a similar right?  Does this idea sound odd? Well, believe it or not this is a question that is currently before the Supreme Court in Sebelius v. Hobby Lobby Stores, Inc. continue reading...

Posted on April 7, 2014 and filed under Employment, Lawsuit.

Get Your Obamacare Extension & Your Questions Answered Here

Obamacare – talk about something that is a major shift in government policy!  Regardless of whether you agree with it or not, it is the law of the land. And, as pragmatic business owners, I’m sure your question is, “how does this affect me and my bottom line?”  First of all, if you are seeking to buy an Obamacare policy for your business, you are not affected by the March 31st deadline. If, however, you are a sole proprietor, different rules apply. continue reading...

Posted on March 31, 2014 and filed under Employment, Healthcare.

Paid Sick Leave & Your Comprehensive Employee Leave Policy

This year April 1st is not only "All Fools' Day", as we discussed last week, if you are in New Yok City, you may now have to give your employees paid sick days.  But, sick days are only part of your employee leave requirements… there are also Family Medical Leave Act and jury duty obligations; not to mention other types of time off that is normal in your industry and/or any paid vacation you may want to give your employees.   continue reading...

Posted on March 31, 2014 and filed under Employment.