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Starting Up – Set Up Part 3

September 11, 2017

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Starting Up – Set Up Part 3

September 11, 2017

Authored by: BCLP at Work

Part One of this series focused on several of the federal and local filings and registrations that new employers will need to make in preparation for their first hires. In Part Two, we dove into drafting job descriptions and their use in determining whether a position should be classified as exempt or non-exempt under federal and local wage and hour laws. In Part Three, the final post in this three-part series, we’re examining the specifics involved in extending an employment offer. Whether it’s your first time or your twenty-first time, making a job offer is exciting−you’ve finally found your ideal candidate and are looking forward to a bright future together!  But the start of the employment relationship also starts the clock on a number of employer obligations and opportunities.

For example, certain states require employers to provide their employees with written notice of certain job-specific information at the time of hire.  This information can include notice of the employee’s rate of compensation (both regular and overtime, where appropriate), notice of the employer’s proper legal name, notice of the appropriate pay days, and notice of any commission plans in which the employee may participate.  Most of these notice obligations are typically codified in the appropriate state Wage Theft Prevention Act.

Additionally, in most states the signing of a covenant not to compete at the inception of the employment relationship will provide sufficient consideration to support such an agreement.  In contrast, in many states, continued employment (i.e. signing such a

Starting Up – Set Up Part 2

September 4, 2017

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Starting Up – Set Up Part 2

September 4, 2017

Authored by: BCLP at Work

This three-part series highlights the steps startups should take before hiring their first employee. Part One of this series focused on several of the federal and local filings and registrations that new employers will need to make in preparation for their first hires. In this Part Two, we’re diving into drafting job descriptions and their use in determining whether a position should be classified as exempt or non-exempt under federal and local wage and hour laws.

A well-drafted job description provides employees and employers alike with a wealth of information, including the necessary qualifications, responsibilities, and pay rate of the relevant position.  The drafting alone is a great exercise for small companies to think about how they want to distribute their work.  Job descriptions can also serve the basis for – and later support – the classification of a position as exempt under wage and hour laws.

The federal Fair Labor Standards Act (“FLSA”) provides, among other things, that employees are entitled to a federal minimum wage and an overtime rate of compensation for any week in which s/he works more than 40 hours.  Most states have local wage and hour laws that mirror, if not provide more protection than, the FLSA.  Some employees, however, are exempt from the FLSA’s overtime pay regulations.  Although the FLSA identifies a number of exemptions, the most common exemptions are the executive, administrative, professional, computer and outside sales exemptions.

To qualify for any one of these exemptions, a position must satisfy the specific exemption’s

Starting Up – Set Up Part 1

August 28, 2017

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Starting Up – Set Up Part 1

August 28, 2017

Authored by: BCLP at Work

So you’ve decided to take your company to the next level by expanding your staff.  Great!  But being an “Employer” under the law is more than just a title, so before you extend your first offer, make sure your startup is set up for success.  Part One of this three-part series will focus on several of the federal and local filings and registrations that new employers will need to make in preparation for their first hires.

First, the Internal Revenue Service (“IRS”) requires every employer to have an employment identification number (“EIN”).  An EIN, sometimes referred to as a Federal Tax Identification Number, is required to report business and employee tax information.  As such, any new employer’s first task should be to obtain an EIN. After applying for a federal EIN, new employers should confirm whether the state in which they conduct business also requires employers to obtain local EINs.  In addition to the appropriate EIN(s), new employers should have an appropriate tax recording system in place because the IRS has varying recordkeeping requirements for employers.

Second, based on where the company is headquartered, the new employer may need to register with the appropriate state unemployment insurance agency.  Unemployment insurance programs provide temporary income to eligible employees.  Eligibility is typically determined based on the circumstances surrounding the employee’s separation.   A list of the appropriate state unemployment agencies is available on the IRS’s website.

Third, new employers will need to purchase insurance for the appropriate state workers’ compensation program, disability program,

Alambret Authors Column for l’Opinion on the Government’s choice of reforming the Labor Code through ordinances

François Alambret, Counsel at Bryan Cave, wrote an opinion column regarding the bill allowing the government to change the labor code using executive orders that has been adopted by the French government (“Conseil des ministres”) on June 28th and which was voted on by the Parliament at the end of July. In this opinion column, François mentions the legal and political impact of such a bill that has been listed as one of the top priorities of the French President, Emmanuel Macron.

Here is a link to the article: http://www.lopinion.fr/blog/relais-d-opinion/choix-gouvernement-d-reforme-code-travail-voie-d-ordonnaces-130590

Bryan Cave LLP has a team of knowledgeable lawyers and other professionals prepared to help French employers navigate labor codes. If you or your organization would like more information on this or any other employment issue, please contact an attorney in the Labor and Employment practice group.

New I-9 Form Issued by USCIS

New I-9 Form Issued by USCIS

July 31, 2017

Authored by: BCLP at Work

A new I-9 Form has been issued by the United States Citizenship and Immigration Services (USCIS).

Revisions include the following:

  • The Office of Special Counsel for Immigration-Related Unfair Employment Practices is now known as the Immigrant and Employee Rights (IER) Section of the Department of Justice’s Civil Rights Division.  This section is responsible for enforcing the anti-discrimination provisions governing Form I-9 and the E-Verify database.
  • The List of Acceptable Documents now includes the Consular Report of Birth Abroad (FS-240), which is issued by the Department of State to employees born overseas to a US citizen parent.  This document is now included in List C, #2, alongside the certifications of report of birth issued by the Department of State (FS-545 and DS-1350).
  • USCIS has amended language in the I-9 instructions which directs new hires to complete and sign Section 1 “no later than the first day of employment,” rather than “no later than the end of the first day of employment.”  This effectively eliminates a specific time by which Section 1 must be completed; consequently, employers should ensure that Section 1 is completed as soon as an employee begins work for pay.

The revisions are relatively minor, but it is vital that beginning September 18, 2017, all employers use the revised form to verify employee eligibility.  Form I-9 Paperwork Violations can result in fines ranging from $216 to $2,126.

Bryan Cave LLP has a team of knowledgeable lawyers and other professionals prepared to help employers assess their Form

Supreme Court Will Review Scope of Dodd-Frank Whistleblower Protections for Internal Reports

Bryan Cave’s White Collar Defense and Investigations practice recently published a Client Alert regarding the Supreme Court’s decision to review the scope of the Dodd-Frank whistleblower protections of employees who blow the whistle on their employers by reporting alleged misconduct internally rather than to the SEC.

Follow the link below to read more.

https://www.bryancave.com/en/thought-leadership/supreme-court-will-review-scope-of-dodd-frank-whistleblower.html

 

New York City Follows Trend in Predictable Scheduling Law

New York City Follows Trend in Predictable Scheduling Law

June 27, 2017

Authored by: BCLP at Work

Bryan Cave’s Retail practice recently published a Client Alert: New York City Follows Trend in Predictable Scheduling Law.  The Alert highlights New York City’s new scheduling law for retail employers and discusses the impact of similar laws in other major cities. Follow the link below to read more.

https://www.bryancave.com/en/thought-leadership/new-york-city-follows-trend-in-predictable-scheduling-law.html

 

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