Wage and Hour Law: Do you worry about your employee compensation obligations? Employees may be unlawfully denied overtime pay because their employer misclassifies them as “exempt” from the federal or state wage and hour laws. Such misclassifications, whether inadvertent or willful, include erroneously classifying certain workers as professional employees and other exempt classifications. Misclassifications also include incorrectly deciding employees are exempt “salaried” employees, rather than protected hourly employees. Complex tests for coverage under the wage and hour laws and exemptions often apply. Our firm can help you avoid time-consuming and costly Department of Labor investigations and lawsuits by advising you on the most appropriate course for classifying your workers.

Independent Contractors: Many businesses perceive that it is more economically sustainable to hire independent contractors instead of employees can have many economic advantages. It allows them to save on unemployment and workers' compensation premiums and other payroll taxes, as well as benefits available only to employees such as overtime, health coverage, and insurance. However, misclassifying workers as independent contractors can also result in detrimental consequences for businesses that hire them.

Regulatory agencies use various tests to determine whether a worker is properly classified as an independent contractor; the most common factor analyzed in determining independent contractor status is the extent to which the contracting business exerts control over the independent contractor. Simply put, an independent contractor normally agrees to perform a service for a business according to his or her own methods and is subject to the contracting business' control only as to the final result of his or her work or end product. Misclassifying a worker as an independent contractor can result in crippling retroactive penalties.

When a company determines that it is to its advantage to use an independent contractor, our law firm may help analyze the relationship and work to implement a proper business relationship structure that will closely match the regulatory agencies' criteria for independent contractors. We can prepare independent contractor agreements which can serve as a guide for conducting a relationship with the independent contractor.

Employment Agreements: Employment contracts can be used to lure top talent to your company. Great employees will probably be offered many different employment contracts, and if you can offer them the best deal, they may end up working for you. Our law firm prepares employment agreements for top-performing agents which address such critical issues as commission compensation arrangements, retention incentives, standards of performance and protection of confidential and proprietary information such as customer lists.