Mitigating Risks During the Pre-Employment Process – An Employers Primer
Though employers are understandably curious about their prospective employees’ backgrounds, there are numerous federal and state laws that strictly limit which information employers can seek from job applicants, whether through job applications, interviews, and/or background/reference checks. In addition to needing a lawful basis for obtaining certain information from applicants, employers cannot make any employment-related decisions…
Paying Inside Sales Employees on a 100 Percent Commission and/or Draw Basis: An Employer’s Primer to Mitigating Risks
All employers should be aware of the Massachusetts Wage Act. The Wage Act is intended to prevent employers from improperly withholding their employees’ earned wages. As detailed below, even a potentially good faith misunderstanding of the law can result in serious consequences for employers. Importantly, the Wage Act also subjects certain corporate officers (e.g., presidents…
Minimizing Self-Employment Taxes for LLC Members
For over twenty years the limited liability company (LLC) has served as the preferred vehicle for owners to set up new business ventures. The primary reasons are that LLC members are afforded strong protection from personal liability and creditor claims compared with classic corporations, and that members may elect from a number of different tax…
Pushing Back on Proposed ACA Penalties
A significant number of 226-J Letters sent to large employers contain material errors. Don’t cut the IRS a check unless you’re sure the ESRP penalty being proposed is actually due. WHAT IS A 226-J LETTER? As part of the Affordable Care Act (“ACA”), large employers are required to offer at least 95% of their full-time…
Civil Litigation Basics 5 — On the Front Lines – Trial Begins
This is the fifth article in a series on the basics of the civil litigation process. If you are interested in reading the first four installments, they are available on Fletcher Tilton’s website under the Knowledge Library. Preparing for Trial As discussed in earlier installments, the civil litigation process involves an assertion of claims by…
Civil Litigation Basics 4 — Negotiating an Armistice – Alternative Dispute Resolution and Settlement
This is the fourth installment in a series about the basics of the civil litigation process. If you are interested in reading the first three installments, they are available on Fletcher Tilton’s website under the Knowledge Library. An Introduction to ADR As we discussed in the first article of this series, civil litigation at its…
Civil Litigation Basics 3 — Rolling Out the Big Guns: Expert Witnesses
This is the third installment in a series about the basics of the civil litigation process. If you are interested in reading the first two articles, they are available on Fletcher Tilton’s website under the Knowledge Library. Fact vs. Opinion Testimony At trial, witness testimony can essentially be broken down into two categories: fact testimony…
Civil Litigation Basics 2 — Surprise Attacks Discouraged – Discovery Practice
This article is for those who are beyond the point of avoiding litigation and find themselves preparing to navigate the often-treacherous waters of a civil action. Discovery Generally Certain examples from pop culture– such as Mona Lisa DeVito being called as an 11th hour expert witness in the classic film My Cousin Vinny, and saving the…
Changes to Exempt Employee Law and Massachusetts Minimum Wage: What Employers Need to Know for 2020
As all employers know, employees fall into one of two distinct categories: nonexempt hourly paid, and exempt salaried. The distinction between these two classifications is that nonexempt employees must be paid overtime for all hours worked beyond forty in a workweek, while exempt employees do not receive overtime regardless of how many hours they work….