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
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
Balancing Business Operations with Infighting Management
In the corporate world, disputes among business partners often loom as an omnipresent challenge, threatening not just the financial stability but also the operational harmony of your business. Internal disputes bring a web of complexities, demanding considerable investments of both time and money, thereby highlighting an essential need: forward-thinking and strategic planning via thorough corporate structuring and Read More
Protecting Trade Secrets In A World Where It Seems There Are None
The proprietary innovations individuals and organizations create are essentially the “secret recipe” that contributes to their success. For this reason, trade secrets are treated as a type of intellectual property that refers to any confidential business information that provides a competitive advantage to a company and is protected under the law. Although the progression and ease of data transfer technology and even Read More
BAKER JENNER ALERT: FTC Proposes New Rule Banning Noncompete Clauses
In our August 2021 BAKER JENNER ALERT, we advised our clients and colleagues about the Biden Administration’s new policy initiative, centered on eliminating noncompete restrictions applicable to many aspects of the American workplace. Following, on January 5 and 19, 2023, the Federal Trade Commission (FTC) unrolled its sweeping new proposed rule that would ban noncompete restrictions on workers and others. A copy of 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
Reopen Your Office Safely and Legally
Now that millions of COVID-19 vaccines are getting into arms each day, more employers are feeling comfortable with reopening physical workspaces. With the reopening of offices, though, comes an assortment of legal and practical considerations. In any context, proactive communication and clear expectation setting can help grease the wheels for a smooth return to normality. There is one question on many employers’ Read More
