Blog


May

10

2015

image for Are You Calling Your Workers Independent Contractors? Beware DOL Has a Bullseye on You

Are You Calling Your Workers Independent Contractors? Beware DOL Has a Bullseye on You

Posted by: Adair M. Buckner

Employers constantly try to avoid paying employment taxes, overtime, and benefits to workers by calling them independent contractors.

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Mar

2

2015

image for Debunking The Top 5 Reasons People Don't Have A Will

Debunking The Top 5 Reasons People Don't Have A Will

Posted by: Adair M. Buckner

Preparing a will is a smart, compassionate, financially-wise, and easy thing to do. So, stop making excuses, and do it! Anyone who has been through settling an estate for a loved one who failed to make a will can attest to how much they would have preferred the alternative.

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Dec

17

2014

image for Recent Ruling  U. S. Supreme Court Says Time Spent In Security Checks Is Not Compensable

Recent Ruling U. S. Supreme Court Says Time Spent In Security Checks Is Not Compensable

Posted by: Adair M. Buckner

The Supreme Court reasoned there is a distinction between these activities. That is, if employees must don or doff certain clothing or gear to perform their essential job functions adequately or safely, then the time spent doing that is compensable because it is integral to the principal job functions.

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Oct

31

2014

image for EEOC Challenges Severance Agreements

EEOC Challenges Severance Agreements

Posted by: Adair M. Buckner

Employers frequently will use a Severance Agreement and Release when terminating an employee as a means to head off possible post-termination legal claims. Such agreements always have been subject to stringent requirements to be valid and enforceable.

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Aug

15

2014

image for Be Proactive - Do FMLA Audit Before DOL On-Site Investigation

Be Proactive - Do FMLA Audit Before DOL On-Site Investigation

Posted by: Adair M. Buckner

The head of the U.S. Department of Labor FMLA Branch has announced DOL will focus on conducting more on-site compliance investigations to: (1) increase investigators’ access to information; and (2) save time by reviewing the employer’s documents and interviewing employees on-site.

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Jul

25

2014

image for To Incorporate or Not to Incorporate - That is The Question

To Incorporate or Not to Incorporate - That is The Question

Posted by: Adair M. Buckner

Limiting potential personal liability of investors or owners is often the biggest consideration favoring incorporation or LLC formation. These two entities limit the exposure to liability of investors or owners for business debts or liabilities to the amount invested and protect other personal assets of the investors from those debts.

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Apr

18

2014

image for Scary Big Dollar Wage and Hour Cases Continue to Fill the News

Scary Big Dollar Wage and Hour Cases Continue to Fill the News

Posted by: Adair M. Buckner

The old adage often applies: don’t try to be a penny smart by not paying for minor amounts of time and end up a pound poor when the back wages, doubling for penalties under the FLSA, and possibly attorney’s fees are all added in. True, the really big dollar awards or settlements are against major employers, but the result can be just as devastating to a small business.

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Jan

31

2014

image for What can I do to Protect My Business Against Wage and Hour Audits?

What can I do to Protect My Business Against Wage and Hour Audits?

Posted by: Adair M. Buckner

The U. S. Department of Labor (DOL) continues to step up its audits and investigations, both DOL-initiated and employee-complaint-triggered. This coming year may see records numbers of audits.

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Dec

16

2013

image for Houston Appeals Court Finds That Failure to Include Buy-Out Clause in a Physician Non-Compete Makes It Unenforceable

Houston Appeals Court Finds That Failure to Include Buy-Out Clause in a Physician Non-Compete Makes It Unenforceable

Posted by: Adair M. Buckner

Physician non-compete agreements are a whole different animal. A medical or physician non-compete adds many additional requirements over those for general employee non-competes in Texas. The requirements are very specific. Employers must include a buy-out provision in a physician non-compete, even if negotiating the terms is contentious.

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Nov

15

2013

image for Overtime Pay to be New Normal for Home Health Care Workers

Overtime Pay to be New Normal for Home Health Care Workers

Posted by: Adair M. Buckner

Overtime pay and minimum wage rules will become the rule rather than the exception for home health care workers in the future. The Department of Labor (DOL) recently published its “final rule”, which would do away with the exemption from minimum wage and overtime pay for home health care employees in all but a very narrow range of pure “companionship” services.

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