Employers should be aware of a recent court decision regarding their responsibilities in considering an employee’s request for a medical leave under the Family Medical Leave Act (FMLA). FMLA is a federal statute, which applies to employers with 50 or more employees. It requires an employer to provide “qualified employees” with up to 12 weeks of leave in a year for family or personal medical circumstances. The court case which was just decided clarified who is responsible for determining whether an employee is eligible for FMLA and what steps employers have to take before they make a decision about eligibility.
Small Business
Estate Planning Musts for Liquor License Owners
Individuals who hold a liquor license face a number of restrictions on their business operations. In the context of estate and business succession planning, these limitations add an extra burden when passing the business on to heirs due to additional restrictions which may come into play after the death of a license holder. If owners do not plan appropriately, their estate may face legal difficulties and high costs which could reduce their assets.
Do’s and Don’ts for Avoiding Personal Liability for Corporate Debts
Many companies choose to do business through a corporation or other limited liability entity (like an LLC). The reason is because a corporation is its own separate “person,” so shareholders or members are not liable for the company’s obligations or debts. This is true whether the corporation has a single shareholder or hundreds of shareholders. However, to take advantage of this benefit, the corporation’s affairs must actually be kept “separate” from the personal affairs of its shareholders.
Small Businesses Beware: Common Employment Mistakes You May be Making – Part 2
Small businesses can sometimes face significant liability under employment laws because they aren’t aware of the rules that regulate certain employment activities. Even where employers and employees agree to certain employment practices, these practices may nonetheless be illegal if the employer does not comply with applicable regulations. In a previous post, we discussed minimum wage and overtime regulations. Additional areas of concern to business owners include the following:
Small Businesses Beware: Common Employment Mistakes You May be Making – Part 1
New York labor law regulates employers of all sizes. However, while large employers typically have experienced HR managers or in-house attorneys to keep them informed of these rules, smaller businesses often lack those resources. The result is that small businesses may run afoul of employment laws and face significant liability. Many situations which commonly arise in smaller businesses don’t seem like they would require a consultation with counsel, but in fact they are governed by regulations and formalities that owners need to know. Some of the top areas which owners should give special attention to include the following:
Items to Address in Your New York LLC’s Operating Agreement
Under New York state law, business owners who form a limited liability company are required to create an operating agreement which details the procedures by which the LLC will operate.
Despite the requirement, many companies don’t have an agreement in place, or have created a document using boilerplate language without advice from an attorney.