Category: Employment Issues

INDEPENDENT CONTRACTORS

By , July 25, 2017 2:11 pm

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 3:35 pm

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 2:02 pm

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 2:29 pm

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 11:42 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 9:25 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 2:12 pm

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 3:14 pm

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

ADVISING LLC CLIENTS ABOUT CHANGES IN EMPLOYMENT LAW

By , February 27, 2017 5:53 pm

LLC lawyers sometimes find it appropriate to advise their clients about employment law developments. The post under the link below may assist them in advising their clients about a recent change in employment law by President Trump. The title of the post is:

With Trump Rolling Back Transgender Rights, What Should Employers Know?

Here the link:

http://www.corpcounsel.com/id=1202779907147/With-Trump-Rolling-Back-Transgender-Rights-What-Should-Employers-Know?kw=With%20Trump%20Rolling%20Back%20Transgender%20Rights%2C%20What%20Should%20Employers%20Know?et=editorial&bu=Corporate%20Counsel&cn=20170227&src=EMC-Email&pt=Daily%20Alert&slreturn=20170127075332

EMPLOYMENT TAXES OF LLC MEMBERS

By , February 20, 2017 4:30 pm

Employment taxes on their shares of LLC income are a key consideration for many LLC members.  Even LLC lawyers who know very little about taxes should have at least a basic understanding of about these taxes and either handle or get help in identifying and handling issues for LLC clients that involve employment taxes.  The new post by Lou Vlahos under the following link provides a brief but very clear introduction to federal employment taxation of LLC members and an excellent discussion of a recent IRS ruling very relevant to LLC members and their lawyers.

Here’s the link:  http://www.taxlawforchb.com/2016/11/bifurcating-a-partner-for-self-employment-taxes-nothing-doing/#