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Category Archives for Labor & Employment

Success Phase: Are you making expensive mistakes in your business? (S5E122)

 

If you’re in the Success Phase of business – your business is stable, you’re making consistent revenue you and others depend on (from $50,000 to low six-figures) and you’ve built a team  – this episode is for you.

Learn some expensive mistakes you could be making in your business, whether you’re a done-for-you service provider, a coach, or a course creator. 

And even if you’re still in the earlier Launch Phase or Solopreneur Phase, or in a later phase of building your business, you’ll want to tune in to make sure you’ve taken care of your legal basics, or get an idea of potential problems that lie ahead.

In this episode, we’ll cover:

  • Why it’s important to distinguish between independent contractors doing ongoing work for your business and those who just handle a one-time project
  • How misclassifying a worker can be one of the most expensive mistakes you make
  • Why it’s absolutely essential to use a written agreement when you’re collaborating with another business or individual
  • The one trademark you need to register once you reach the Success Phase

BONUS: Success Phase Entrepreneur Checklist — head to www.awbfirm.com/podcast122 to learn about what can go wrong legally as you enter the Success Phase of your business, and simple actions you can take now to avoid costly problems later, in our Success Phase Entrepreneur Checklist.  We’ll be releasing a brand-new legal checklist for each phase of your business building journey, free with every episode this month!

Resources:

Previous episodes about working with contractors and employees the right way:

Legal Road Map® episode 91 – www.awbfirm.com/podcast91

Legal Road Map® episode 49 – www.awbfirm.com/podcast49

Legal Road Map® episode 37 – www.awbfirm.com/podcast37

Legal Road Map® podcast archives (all episodes) – www.awbfirm.com/podcast

This podcast is information, not legal advice specific to your situation.

Want to make sure your business is protected but working one-on-one with a lawyer just isn’t in the budget? Our customizable contract templates are a great, affordable way to get protection for yourself and your business without breaking the bank. Shop our selection of contract templates for online businesses and protect your business today! Visit www.awbfirm.com/contract-templates.

Tara Gentile McMullin on the licensing certification program path (S3E79)


Tara (Gentile) McMullin, author and the founder of the What Works Network, formerly CoCommercial, joins us this week to share how she pivoted her business model to help turn small business owners into tomorrow’s economic powerhouses.

Listen and learn:

  • The less common motivation behind registering your trademark
  • Why consulting your ideal customer can help you fine-tune your perfect product
  • How a licensing program can broaden your reach
  • How understanding the difference between an independent contractor and an employee can help make the hiring leap less scary

KEY TAKEAWAY: When you “don’t know what you don’t know”, legal can seem intimidating. But sometimes doing your due diligence and tackling something scary like legal can open doors to help you grow your business more effectively.

Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live).

This podcast is information, not legal advice specific to your situation.

 

Building and managing a virtual team – Employee benefits (S3E51)


Providing employee benefits is a great way to retain talented employees for the long-haul, but as an employer what is your responsibility and what rules and regulations do you have to follow?

In this episode I cover:

  • Vacation and PTO, and when rules and regulations kick in
  • Which state you must consider when offering vacation and/or PTO
  • Sick leave and family leave, and what jurisdiction’s rules and regulations might apply
  • The level of responsibility required when setting up a retirement plan for your employees
  • Important considerations for health, disability, and life insurance

Key takeaway: As a small business owner, there are many ways you can provide important employee benefits to make sure your employees are taken care of and protected in their personal lives, but you also need to make sure that you’re providing benefits in a way that protects you and your business, so be sure to consult with a qualified benefits provider.

Additional Resources: 

IRS guidance on providing benefits

Department of Labor resource on fiduciary responsibilities

Department of Labor info on FMLA

Melissa Curtis – Woodall Agency Insurance– life, disability and long-term care insurance agent

Sign up below to get a free 5 Minute Intellectual Property Audit. You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

 

This podcast is information, not legal advice specific to your situation.

Building and managing a virtual team – Employees (S3E50)


Having virtual team members classified as employees can carry complex legal considerations. This week I’m joined by our resident labor and employment whiz Michelle Coakley to talk about what you need to know to make sure your business is protected legally when it comes to having employees on your virtual team.

In this episode I cover:

  • The importance of properly classifying your workers
  • Two reasons why the government cares how you classify your workers
  • Best practice for how often you should audit your employment policy to check for federal and state & local compliance
  • Why you should be sure to do regular performance reviews
  • What you need to know about non-disclosure and non-compete agreements

Key takeaway: Employment laws and ordinances can vary widely not only from state to state, but in some cases city to city. It’s important to seek out the right kind of advisors (legal, financial, human resources, etc.) to make sure your business is protected when it comes to employment matters.

Additional Resources: 

Episode 12: Hiring employees and contractors the right way(with FREE download)

Episode 37: Labor & employment chat with AWB Attorney Michelle Coakley

LastPass

Sign up below to get a free 5 Minute Intellectual Property Audit. You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

This podcast is information, not legal advice specific to your situation.

Building and managing a virtual team – Independent contractors (S3E49)


Having a virtual team is a great way to grow your business, but how do you make sure you are properly classifying your team members? In this episode, I’ll explain what you need to know about building and managing a virtual team.

In this episode I cover:

  • How W-2 employee vs. 1099 independent contractor affects taxes and regulations
  • The biggest factor that determines who is or isn’t an employee
  • What you should be sure to include in your contracts
  • Who owns the intellectual property created by an independent contractor
  • The downside of including a non-compete clause in a contract

Key takeaway: It can be tricky to determine if one of your team members is an independent contractor or an employee. Make sure you consult with a trusted attorney when building your team to avoid issues down the road.

Additional Resources:

Episode 12: Hiring employees and contractors the right way (with FREE download)

Episode 37: Labor & employment chat with AWB Attorney Michelle Coakley

Sign up below to get a free Employee vs. Independent Contractor Cheat Sheet

This podcast is information, not legal advice specific to your situation.

All about hiring employees and contractors with AWB Firm’s own Michelle Coakley (S2E37)


We’re talking all about hiring team members this week with our own Michelle Coakley! Join us as we discuss important employment law tips you need to know if you’re looking to add employees or contractors to your team.

Listen and learn:

  • Why ‘control’ is the keyword to think about when determining whether to go, independent contractor or employee,
  • The challenges of working with employees or independent contractors in different states or countries
  • If and when contracts are necessary when you’re hiring an employee
  • How helpful detailed job descriptions can be
  • Which questions you should avoid asking on any job application you create
  • Things to keep in mind when it comes to terminating an employee

KEY TAKEAWAY: Labor and employment issues can seem completely overwhelming to creative entrepreneurs who are looking to grow their team, and this type of issue can be extremely complicated. Working with an attorney is a cost-effective way to avoid expensive issues down the road.

Sign up below to get a free Employee vs. Independent Contractor Cheat Sheet

This podcast is information, not legal advice specific to your situation.

Katie Hunt on leveling up and building a team (LRM S2E18)


In this week’s episode Katie Hunt of Tradeshow Bootcamp shares how she transitioned from side hustle to flourishing business, and how she knew it was time to level-up and start building a team.

Listen and learn:

  • How keeping your day job can actually help you grow your business
  • Why hiring a team can save you money in the long run
  • Why registering a trademark may not be the best first step for your business
  • Why copycats don’t mean the end of your program or business
  • Why contracts are essential when working with independent contractors

KEY TAKEAWAY:  Working with a trusted legal advisor from the start of your business can save you a lot of headaches down the road.

Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live).

This podcast is information, not legal advice specific to your situation.

Hiring contractors and employees the right way, with Ashley Cox of sproutHR (LRM S1E12)


Business is booming and you’re ready to hire help — make sure you do it the right way! When should you hire an independent contractor and when do you need to pay someone as an employee (and what’s the difference)? Plus contracts for workers, like non-compete and NDAs.

Episode highlights:

  • What’s the difference between kinds of workers – independent contractors and employees?
  • What could happen if you misclassify a worker as an independent contractor when they should be an employee (or vice versa)?
  • What does it mean to be an “at will” worker?
  • When should you use a non-compete or NDA (non-disclosure) agreement?
  • What forms do you have to fill out when hiring workers?

KEY TAKEAWAY: You could open yourself up to major fines and penalties if you misclassify a worker as an independent contractor when they should be an employee, so it’s essential to look at all the factors and make sure you expand your team the right way, and consult an expert if you’re not sure.

Click here to sign up for Ashley Cox of sproutHR’s guide to the differences between independent contractors and employees (plus be the first to know when new episodes are live).

This podcast is information not legal advice specific to your situation.

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