Staying Legal Archives – EBS Consulting

What You Need to Know About the 2016 FMLA Guide

In April 2016, the U.S. Department of Labor (or DOL) finally put out an FMLA guide dedicated to employers. It was designed to be a companion guide to the 2012 issue that helped employees understand the Family & Medical Leave Act and their rights under it. According to the DOL, this guide is designed to give you essential information about the FMLA, along with your obligations and options for providing leave within the laws. This guide does a few things really well, and a few things not so well. So let’s take a look at the changes and clarifications they’ve issued this year. ……… Read More >>

Stay Legal & Update Your Employee Handbook

2015 is winding down and your year-end to-do list is getting longer and longer and longer. It can be easy to overlook your employee handbook in the midst of all of the other craziness going on. But it’s important that you take a few minutes and read and review it to make sure you aren’t leaving yourself open to legal issues that could cause bigger headaches in the new year.

So let’s take a quick look at what you need to do to update your employee handbook for 2016 and the changes that are coming.
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Are You Breaking The Law by Paying Salary-Exempt?

A lot of employers choose to pay employees on a salaried basis. It’s easier on you to estimate your payroll costs from month to month, and your employees love the stability it gives them too. So it seems like it’s a win-win on both sides… right?

However, I usually see problems when employers pay their team on a non-exempt salary basis. Typically they offer this arrangement because they think that they won’t have to worry as much about tracking hours, and that’s where the legal issues begin. ……… Read More >>

1099 vs W2 – lllegally Using Contract Workers

Some employers swear by using contractors in their company. I’ve met several companies that have almost their entire workforce built up around using “1099 employees” to deliver services to their customers. They having a staff, without the administrative overhead and legal obligations having a staff inherently brings.

The problem lies in the fact that 1099 employees don’t exist! I’m sure you’re wondering what I mean by that, so let me explain. ……… Read More >>

The Facts About Gender Discrimination

As an employer you are constantly having to be on the lookout for situations that could end with you on the costly side of a lawsuit from an employee or customer. You have to be vigilant in setting and enforcing state and federal laws while still trying to provide a culture that’s a good place to work and shop.

Today – I’m going to walk you through the main facts that you need to know when it comes to ensuring that you stay legal in the arena of gender equality at your company. I’ll cover the letter of the law, many common misconceptions, and more, so let’s dive in! ……… Read More >>

Apology Protection Law Letting Physicians Be Human

Saying “I’m sorry” and taking responsibility for mistakes are two things that our mothers have taught us from a very early age. When we see someone that feels bad, or isn’t having a good day, we almost naturally want to apologize to them and show that we empathize with them. When we screw something up, we’re supposed to own our mistakes and apologize and learn from them.
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How marriage equality act affects your policies

Any time there is a major change to a state or federal law that expands or restricts rights awarded to any group of people, you need to take a few minutes and review your company policies.

On June 26, 2015, one of the biggest changes we’ve seen in a while went into effect when the United States Supreme Court legalized same-sex marriages nationwide. Regardless of your personal beliefs, it’s important to make sure that you, as an employer, know how the marriage equality act affects your employment policies and benefits so you can continue operating legally.

How FMLA Changes on Same-Sex Marriage Affect You

The change to the FMLA (Family Medical & Leave Act) that goes into effect March 27, 2015 will have an impact on businesses in our area.

The biggest problem facing employers like you is not being aware of the changes. As a result, you or your team may make uninformed decisions that could lead to financial and legal problems, and be damaging to your professional reputation.

So, let’s take a look at what changed, and how it affects you and your company…

Why You Can’t Have An Intern For Free

When it comes to hiring, or working as, an intern, there are a LOT of misconceptions floating around.

Most employers are confused about what their responsibilities are to their interns, and interns are confused as to what their rights are with the employer.

It can be very easy to violate federal laws when hiring unpaid interns. So let’s look at what the requirements are and how you can stay legal. ……… Read More >>

Problems To Should Look For In Harassment Policies

You probably put your employee handbook together in the hustle and bustle of getting your doors open when you first started. You wanted to be thorough, and you tried to think of everything, but your specialty isn’t HR, so you might be worrying that you’ve missed something.

When it comes to harassment in the workplace though, you need to your policies to be rock solid to give you as much protection as possible against future liability. ……… Read More >>

Topic: Staying Legal