Category: Employment Issues

THE POTENTIAL PITFALLS OF USING SOCIAL MEDIA IN HIRING

By , August 30, 2018 1:38 pm

The post under the link below contains a very practical discussion of the legal issues inherent in searching for and using Google information in connection with employee matters.  The post is probably relevant to many of our clients.

To Google or Not to Google: The Potential Pitfalls of Using Social Media in Hiring

INTERCOMPANY AGREEMENTS

By , January 16, 2018 9:52 am

It is often useful to a business to protect its assets through a holding company/operating company structure consisting of two LLCs; or to manage one or more entities through the use of a separate LLC management company.  The post by Lou Vlahos of the FarrellFritz law firm under the link below provides excellent guidelines for determining intercompany employee compensation arrangements in these situations.

Here’s the link:

https://www.taxlawforchb.com/2017/10/determining-the-appropriate-fee-for-services-rendered-to-a-related-company/

INDEPENDENT CONTRACTORS

By , July 25, 2017 9:13 am

The issue whether an individual is an independent contractor or an employee comes up all the time for business lawyers, including LLC lawyers.  The following post is a useful update about current developments in federal and state independent contractor law:  http://www.lexology.com/library/detail.aspx?g=4de84c6e-391f-41e0-b3f7-18e67fc505fd&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-06-13&utm_term=

GRANTS OF RESTRICTED STOCK TO EMPLOYEES

By , June 23, 2017 10:38 am

More and more LLCs are electing to be S corporations, and, as such, can issue restricted stock to their employees under clear tax rules.  However, the new post under the link below raises questions about whether this is ever a good idea.

http://www.taxlawforchb.com/2017/05/restricted-stock-employee-shareholders/

SUMMARY OF CALIFORNIA EMPLOYMENT LAW

By , May 16, 2017 9:03 am

Under the link below is an excellent brief summary of California employment law:

http://www.lexology.com/library/detail.aspx?g=0060f328-d810-410d-8bee-121988385fe6&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-04-06&utm_term=

MANAGER NEGLIGENCE

By , April 25, 2017 9:30 am

The link below is a post about a Seventh Circuit case about a supreme example of Home Depot management negligence in hiring and supervising a manager–who ended up murdering one of the Home Depot female employees who reported to him. When you teach LLC formation clients about how to avoid veil-piercing (which you should do in every LLC formation you handle), you should tell them that their LLC may be liable for misconduct of its employees even if the misconduct has nothing to do with the LLC’s business. You might even want to tell them about the Home Depot case.

Here’s the link: http://www.employmentlawbusinessguide.com/2017/04/seventh-circuit-negligence -lawsuit-may-proceed-against-employer-regarding-supervisors-off-site-murder- of-female-subordinate/?utm_source=McLane+Middleton+-+Employment+Law+Business +Guide&utm_campaign=5e0a0f1651-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term= 0_cb3d2edd77-5e0a0f1651-71829489

MASSACHUSETTS EMPLOYMENT LAW

By , April 21, 2017 6:47 am

For LLC lawyers who represent LLCs that are being formed or are operating in Massachusetts and that have employees, the post under the link below provides a brief but excellent summary of Massachusetts employment law.

Here’s the link: http://www.lexology.com/library/detail.aspx?g=7b9a2fa2-d734-4d3c-abca-383ccd070a71&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-04-06&utm_term=

EMPLOYMENT LAW CHECKLIST

By , March 21, 2017 4:29 pm

The list of most common employment law violations under the link below concerns employment law in New Hampshire, my home state;  but I suspect the list would be pretty much the same in all other states, and it may be useful to clients of LLC lawyers in all states if these clients have employees.

Here’s the link:  http://www.employmentlawbusinessguide.com/2016/12/its-that-time-of-year-again-dol-is-making-its-list-and-checking-it-twice/?utm_source=McLane+Middleton+-+Employment+Law+Business+Guide&utm_campaign=89085171d2-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_cb3d2edd77-89085171d2-71829489

IMMIGRANT EMPLOYEES

By , March 14, 2017 9:14 am

If any LLCs that you form or represent have immigrant employees, the information under the attached link may be critically important to these LLCs.

Here’s the link:  http://www.employmentlawbusinessguide.com/2016/12/new-employment-eligibility-verification-form-i-9-released/?utm_source=McLane+Middleton+-+Employment+Law+Business+Guide&utm_campaign=bdb1de9ac2-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_cb3d2edd77-bdb1de9ac2-71829489

WHAT TRUMP’S ELECTION MEANS FOR EMPLOYERS

By , March 1, 2017 10:37 am

Since many readers of this blog are employers, they may find interest in the post under the following link concerning the impact of Trump’s election on employers:

http://www.employmentlawbusinessguide.com/2016/11/what-can-employers-expect-from-a-trump-presidency/?utm_source=McLane+Middleton+-+Employment+Law+Business+Guide&utm_campaign=069bb81942-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_cb3d2edd77-069bb81942-71829489