Category: Uncategorized

Quick Tip: Avoid Misclassification Claims – Guaranteed Regulatory and Legislative Compliance

August 20, 2017

The Internal Revenue Service (IRS) SS-8 Determination is an audit conducted by the IRS of an employer’s employee/independent contractor classification. The IRS would conduct an investigation to determine whether an individual is properly classified, in turn, this determination would be binding on the IRS and US DOL for that worker and other similarly situated workers should any subsequent issues arise. It is a fool-proof defense.

Few useful facts about the SS-8:

  • Application form and application guide are available online (lengthy and detailed)
  • No costs whatsoever
  • Entails investigation of the employer and a representative worker over a period of at least 6 months
  • Can be initiated by employer, employee or contractor

Ideally, endeavor to complete the audit before incurring heavy liability for unemployment insurance premiums and withholding taxes for misclassified workers.

News Flash: Extension of Dodd Frank Protection to Internal Whistleblowers

August 9, 2017

The Supreme Court of the United States has agreed to hear this important issue:

Does the Dodd-Frank Wall Street Reform and Consumer Protection Act provide protections to whistleblowers who file their reports internally (within the organization) and not with the Securities and Exchange Commission (SEC)? 

SCOTUS has agreed to decide this matter commencing with oral arguments in the Fall of 2017. This decision could result in an extension of whistleblower protection empowering employees and incentivizing organizations to be fully compliant with various legislation. 

News Flash: Kin Care Law

July 25, 2017

Georgia employers with 25 or more employees must permit employees who work 35 or more hours per week to use up to 5 hours of their paid sick leave to care for immediate family members. This is generally known as the Kin Care law and it came into effect on July 1, 2017.

Note that this law will expire in 2020 if not renewed. Aslo note, most importantly, this law does not require the establishment of a paid sick leave policy: it only applies to employers who already  have one in place.

Quick Tips: Minimum Wage and Tipped Jobs

July 25, 2017

According to the FSLA, an employer is excused from paying at least the minimum wage for tipped jobs, as long as tips make up the difference.

When an employee is employed by one employer in both a tipped and a non-tipped job, the employer is excused from paying at least minimum wage for the time that the employee spends actually working the tipped job.

Also note that the FLSA does allow the employer add in some tasks that are related to the tipped job even though there is no opportunity for tips while completing these tasks only if these tasks as less than 20% of the employee’s time.

Quick Tips: Wrongful Termination

July 21, 2017

Due to the at-will employment doctrine in GA, an employer can fire an employee or independent contractor who is not hired on a fixed term contract for any reason (or for no reason) and without notice provided that the termination is as a result of discrimination on protected grounds or retaliation for exercising legislatively protected rights.

News Flash: New I-9 Form

July 18, 2017

Employers take note! 

USCIS has released a new I-9 Form for employment eligibility verification. All employers must begin using this new form by September 17, 2017. 

Quick Tips: Unionization in Georgia

July 18, 2017

Georgia is a “right to work” state meaning that an employee is free to refuse to join a union without suffering any adverse consequences.

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