When companies first start up, it’s common, and often efficient, for them to rely on independent contractors. Contractors bring flexibility, lower overhead, and minimal compliance burdens. That works when you’re small. But when contractors end up working exclusively for your company, with you deciding what they do, when they work, and how they operate, you’re risking misclassification, and that opens a legal can of Read More
Why Salary Alone Doesn’t Make an Employee Exempt
Businesses often assume that paying an employee a salary means they don’t have to worry about overtime. That’s a costly mistake. The Fair Labor Standards Act (FLSA) sets strict requirements for classifying employees as exempt from overtime pay, and salary is just one piece of the equation. A recent court decision on the Department of Labor’s (DOL) salary threshold changes has added another layer of confusion, making Read More
Striking the Balance While Crafting Effective Executive Employment Agreements
Executive employment agreements form the cornerstone of a successful and clear relationship between executives and the organizations for which they work. These documents are more than mere formalities; they are comprehensive contracts that outline the expectations, duties, and rights of both parties. By establishing these parameters from the outset, both the executives and the company can benefit from a structured Read More
Ensuring Legal Compliance and Workplace Harmony
Building on the foundational practices of managing employee complaints, it's crucial to delve deeper into advanced strategies that not only address immediate concerns but also reinforce long-term legal compliance and workplace harmony. In this part II discussion, we explore additional facets of complaint management, including proactive measures, advanced interviewing techniques, and the integration of complaint Read More
Effective Management of Employee Complaints
Managing employee complaints effectively is essential to maintaining a healthy business environment. An effective employee complaint procedure can provide an employer with legal defenses in the event of a civil action and foster a positive workplace where employees feel they are heard and treated justly. Below we review the steps for handling employee complaints, including receipt of the employee’s complaint, the Read More
An Effective Employee Handbook is Crucial for Your Business
Managing employees is one of the most difficult parts of running a business. Ironically, the cornerstone of personnel management, an employee handbook, is a critical task that is too often overlooked. This document serves as a comprehensive guide, establishing clear policies and procedures within the workplace. The handbook’s vital role in operations and dispute resolution cannot be overstated, establishing Read More
At-Will Employment: A Business Guide
The term “at-will employment” may be familiar to many, since it is the default rule under Georgia law, per O.C.G.A. § 34-7-1. But at-will employment is not a panacea for every difficult employment situation or decision. And blithely relying on the right can result in unexpected complications for the unwary employer. Below, we provide an overview of at-will employment within the context of Georgia law. Next, we Read More
Harnessing a Diverse Workforce – a Short Reference Guide on Avoiding Religious Discrimination
Freedom of religion has deep roots in American history, stemming from the great diversity of peoples, faiths, practices and philosophies that have helped define our civic culture and values. But in application, freedom of religion–and from religion–have proven subtle and more thorny questions, especially when applied to private modes of business, association, and conduct. In short, what can a private employer be Read More
New Georgia law raises a question: is your independent contractor now your employee?
In May 2022, House Bill 389 (HB 389) was signed into law and became effective as of July of this year. HB 389 brought significant updates to the definition of employment in Georgia, ostensibly expanding the class of persons who qualify for employer contributions to unemployment. But, HB 389 can be expected to have broader ramifications for employers, including a potential expansion liability for unpaid taxes, minimum Read More
4 Considerations for Employee Recruitment, Interviewing, and Onboarding
As the unique state of the current labor market shows, high unemployment does not translate into less intensive recruiting and interviewing practices. Special care should be taken at every stage of the hiring process to establish legally compliant systems that produce top-tier prospects. Below, Baker Jenner provides four important considerations for businesses aiming to add talent. 1. Legal compliance starts Read More
