Legal Considerations in the Hiring Process

Cari Rincker Business Law, Business/Commercial Law, Employment and Labor Law Leave a Comment

You are probably aware of employment laws that could create liabilities if your company fails to comply with them. However, even before a person becomes an employee, certain antidiscrimination laws protect them during the application process. Most employers must comply with employment laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Your state, county, city, or town may also …

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Why You Cannot Withhold Payments from Employees

Cari Rincker Business/Commercial Law, Employment and Labor Law, Employment Law 8 Comments

Paying employees is among the top legal obligations of employers. Whether due to financial difficulties or worker conduct, it is generally illegal to withhold payment from employees. The U.S. Department of Labor (DOL), as well as state labor boards, have strict laws that address wages. Failure to pay employees could result in a lawsuit, an injunction, civil penalties, or even …

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Myths and Frequently Asked Questions Planning After Landing Your New Job

Rincker Law Employment and Labor Law, Estate Planning Leave a Comment

Myth: When my employer hands me a beneficiary designation form for my employer-provided life insurance policy or gives me the link to complete the form online, it is optional and not a priority. This is false. When you are asked to complete a beneficiary designation form, you need to fill it out as soon as possible. If you were to …

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What Employers Should Know about Giving Gifts to Employees

Rincker Law Business/Commercial Law, Employment and Labor Law 2 Comments

In today’s competitive job market, giving gifts and other fringe benefits to employees can be an effective way for employers to show appreciation. But generous employers should understand that most gifts and bonuses—even small ones—have tax implications. Employee gifts must be taxed and included on year-end tax forms unless they qualify as de minimis benefits, are presented as achievement awards, …

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What You Need to Know about Severance Packages

Rincker Law Business/Commercial Law, Employment and Labor Law Leave a Comment

Business owners agree that people are the lifeline of a company. The people you hire can make or break your business. Yet as an employer, it is essential to recognize that things change. There are instances when you may have to terminate an employee. Developing a severance package is one effective strategy for dealing with exiting employees. A severance package …

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Staying on Track: What Every Employer Should Know About Tracking a Remote Employee’s Time

Rincker Law Employment and Labor Law 1 Comment

The COVID-19 pandemic has ushered in a wave of new teleworkers. This shift in the way employers conduct business brings new challenges as they seek to comply with the Fair Labor Standards Act (FLSA) requirement of paying employees for all hours worked. In response, the Department of Labor released Field Assistance Bulletin No. 2020-5[1] (FAB 2020-5) to provide additional guidance …

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Ask Cari: What are Legal Issues to Consider Before Hiring?

Rincker Law Ag Extension Education, Employment and Labor Law Leave a Comment

Despite the challenges facing many businesses, some companies are still experiencing growth. If your business is expanding, you may find that it is time for you to make your first hire. As you begin this process, it is critical to note that expansion, while providing a great opportunity to increase productivity and scale, can also expose your business to additional …

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Key Considerations for Managing a Remote Workforce

Rincker Law Business/Commercial Law, Employment and Labor Law Leave a Comment

The post-COVID-19 world will likely see a major shift toward companies maintaining remote workforces. Due to government-mandated business closures and stay-home orders, many owners and employees of small businesses have been forced to work virtually, and they have seen the benefits. Studies show that remote working increases productivity.[1] Large technology companies like Facebook and Twitter have announced that they will …

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Ask Stephanie: Should I update my Contracts in Response to COVID-19?

Rincker Law Business/Commercial Law, Employment and Labor Law, Equine Law, Food & Ag Law 1 Comment

As we watch the Nation shut down major events, restaurants, and bars as well as limit social gatherings to a small amount of people, what happens to contracts that may not be able to be fulfilled because of the rippling effect of COVID-19, the “Coronavirus”? The answer lies in whether the parties have a written contract. And, if the terms …

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Legal Considerations When Hiring an Intern

Rincker Law Employment and Labor Law Leave a Comment

As a business owner, you may be considering starting an internship program for your company. Internships can be beneficial to both you as a business owner and the intern. Interns can receive hands-on training in their field of interest while assisting your company in reaching its goals. However, it is important to keep in mind the various legal considerations and …

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Ask Cari: Should My Small Business Have a Vacation Policy?

Rincker Law Business/Commercial Law, Employment and Labor Law Leave a Comment

There is no legal requirement for businesses to offer paid or unpaid vacation time to employees, but it is common knowledge (and common sense) that employees who occasionally take time off are more productive and engaged when they return to work. If you decide to offer vacation time to your employees, a well-drafted vacation policy will help to ensure that …

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Ask Cari: What do I need to Know About Family and Medical Leave as a Small Business Owner?

Rincker Law Employment and Labor Law Leave a Comment

Federal law has required certain businesses to offer family and medical leave for decades. An increasing number of states have also enacted or considered passing laws requiring businesses to offer family and medical leave. For small businesses, these laws have distinct pros and cons. This article discusses some of the most important factors small business owners should keep in mind …

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