Ask Cari: What are Stay Bonus Agreements?

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

Do you have certain key employees who help make your family business a success? Keeping those employees may be essential to a successful transition of ownership and management to your children or another new owner when you retire or pass away. A “stay bonus” (also called a retention bonus) is a strategy that is frequently used by large companies during …

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Attracting Stellar Employees for Your Small Business

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The economy is booming, which is excellent news for small businesses, right? In general, it is great news for all businesses. However, it also presents some challenges, particularly for small businesses. According to the June 2019 National Federation of Independent Businesses (NFIB) Jobs Report, small business owners identified the difficulty of finding qualified employees as their single most important business …

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Ask Cari: What Do I Need To Know About Hiring “Virtual” Workers for Your Small Business?

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As a small business owner, you may be considering using virtual workers to expand your workforce. A virtual worker is an employee who uses technology to complete their duties outside of the traditional workplace setting. Many businesses today find this workforce model quite attractive for several reasons. For one, having a virtual business work model allows employers to reduce the …

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Ask Cari: What Should I Know about “Ban-the-Box” Laws?

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Thirty-three states and 150 municipalities and counties have enacted “ban-the-box” laws precluding employers from including questions about criminal history on employment applications. In many of these states, ban-the-box statutes apply only to public employers, but 13 states (including some of the most highly populated, such as California and Illinois) and 18 municipalities and counties have applied them to most or …

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Ask Cari: How do I Legally Terminate an Employee?

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

Most small business owners will occasionally have to face the unpleasant task of firing an employee. Small businesses, in particular, rely heavily on each employee. An underperforming employee may not only lower the morale of other employees who have to pick up the slack, but may also jeopardize the success of the business.  When an employee must be terminated, it …

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Ask Cari: Should My Small Business Have a Social Media Policy?

Rincker LawBusiness/Commercial Law Leave a Comment

According to 2018 data provided by SCORE, the largest provider of volunteer business mentors in the United States, 77% of U.S. small businesses use social media for their sales, marketing, and customer service. If you plan to use social media to promote your business, a social media policy is essential to protect your business’s reputation and avoid litigation by preventing …

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Attention Small Business Owners: New Overtime Rule Issued by the Department of Labor

Rincker LawBusiness/Commercial Law Leave a Comment

At the end of September, the Department of Labor issued a new overtime pay rule that will take effect on January 1, 2020. According to the Department of Labor, the new rule will make 1.3 million American workers newly eligible for overtime pay. It is important for small businesses with employees to be aware of the changes to avoid violating …

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What You Need to Know about Family and Medical Leave

Rincker LawBusiness/Commercial Law, Employment 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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What Counts as “Hours Worked” Under the Fair Labor Standards Act?

Rincker LawEmployment and Labor Law 1 Comment

If your small business has non-exempt employees covered by the Fair Labor Standards Act (FLSA), you are required to pay those employees in accordance with its minimum wage and overtime requirements for all “hours worked.” This may seem like a simple requirement, but figuring out what is considered “hours worked” may be more complicated than it seems at first glance. …

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Does an Employee Handbook Create a Contractual Obligation?

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Every business with at least one employee should have an employee handbook, sometimes also called an employee manual or code of conduct, setting out the company’s policies and rules and the laws applicable to the employment relationship. It establishes the expectations in the relationship and enables employers to deal with similar situations consistently. Typically, employers do not intend for the …

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Employment Eligibility Verification: What You Need to Know about the I-9

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

Immigration isn’t just a hot topic in the news—it has real impact on employers. All employers, including small businesses, are required to complete and retain a Form I-9 Employment Eligibility Verification for every person they hire to work inside the U.S. for pay or any other type of compensation. Failure to comply could result in severe penalties. What Is the …

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Record Keeping for Your Business: What’s Required?

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

Whether you are just starting up a new company or have a business that has been in operation for a while, good record keeping is an essential part of running your business. You are responsible for establishing an effective system to store and maintain your business records whether your small business is a sole proprietorship, partnership, LLC, or corporation. Some …

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