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Posts from November 2016

Is Your Employee Violating Vacation Laws In The U.S.

Is Your Employee Violating Vacation Laws In The U.S. published on

Many companies provide vacation benefits to their employees. There are no legal requirements that an employer provide vacation benefits. However, once in place, a business cannot take your vacation benefits away. Additoinally, the employer must not administer vacation benefits in a discriminatory way. An employer can not administer vacation policy in an arbitrary way with its employee or refuses vacation wages at termination. If an employer uses vacation benefits to retaliate against an employee, they may be violating “vacation laws”.

Although there are no specific vacation laws in the U.S., federal laws provide assistance to those treated unfairly. The following Federal Laws can assist in your fight against unfair or inconsistent vacation policy.

Employee Benefits and Vacation Laws
Employee Benefits – Vacation Policy

 

  • Title VII of the Civil Rights Act of 1964
  • Equal Pay Act of 1963 (EPA)
  • Age Discrimination in Employment Act of 1967 (ADEA)
  • Title I and Title V of the Americans with Disabilities Act of 1990 (ADA)
  • Sections 501 and 505 of the Rehabilitation Act of 1973
  • Civil Rights Act of 1991

 

 

Vacation Laws In The U.S.

In the U.S. there are no specific vacation laws. There are several federal and state laws that require employers to treat employees fairly when vacation policy is established. For example, employess do not need to take vacation time when absent. Many state laws require employers to compensate employees for accrued vacation when they terminate. Employers must carry out policies so they are fair and do not violate other vacation codes.

Before deciding to administer benefits to your employees, it is wise to consult with an experienced business attorney to guide you on the process and keep your business in compliance with federal laws.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the  General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you with Incorporation Service, Trademarks, Copyrights, Estate Planning, Legal Counsel, Wills,Trusts, Agreements & Leases, Corporate & Company

Keep Shareholders Happy & Avoid Lawsuits

Keep Shareholders Happy & Avoid Lawsuits published on

Tesla Motors, Inc. (“Tesla”) is a publicly traded company on the NASDAQ. Tesla develops, designs, manufactures, and offers for sale fully electric performance vehicles and advanced power-train components for electric vehicles. Although Tesla was founded here in the United Sates, it now has more remote locations and delivers its cars to consumers all over the world. Tesla has enjoyed great success recently. Tesla’s stock has made early shareholders of the company very happy.

Tesla

Nevertheless, several U.S. law firms attempted to bring class-action shareholder derivative claims when reports of Tesla vehicles catching fire after accidents emerged, which caused a temporary sell-off of Tesla’s stock. The lawsuits claimed that Tesla violated SEC disclosure rules by failing to disclose to shareholders that the vehicle had safety issues. However, the lawsuits did not move forward because shareholders rejected the formation of the shareholder class. Shareholders claimed that they did not need the protection of a class-action lawsuit because they did not believe that the vehicle has a design defect that makes it prone to fires. This illustrates that although shareholder derivative claims are a valid concern for any publicly traded company, an excellent way to defend your business against such lawsuits is to keep your shareholders happy through outstanding financial performance.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the  General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you with Incorporation Service, Trademarks, Copyrights, Estate Planning, Legal Counsel, Wills,Trusts, Agreements & Leases, Corporate & Company

Two Ways Your Business Can Raise Money

Two Ways Your Business Can Raise Money published on

There are several ways that businesses can raise money. Some are very well known while others are not as familiar to business owners. Below are two ways your business can raise money that may be unfamiliar:

Raise Money

1. ROBS Programs on a 401(k): Rollovers as Business Startups (ROBS) are programs tat allow a business owner to take tax-deferred retirement funds and use them to start or buy a business without early withdrawal penalties. Do be careful as these programs have a very complex rules provided by the IRS and if not handled correctly could result in penalties and other issues.

2. Vendors: If you are a good customer you could ask a vendor if he or she offers any extended repayment terms. Vendors may have their own financing programs or terms. “Pay on scan” could be one option, where the supplier is paid for the inventory only when it is sold to a customer. There are many costs that can be eliminated to allow your business to operate more efficiently and save money.

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the  General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you with Incorporation Service,Trademarks,Copyrights,Estate Planning, Legal Counsel, Wills,Trusts, Agreements & Leases, Corporate & Company

State Attorney Scrutinizes Not For Profits Bookkeeping Records

State Attorney Scrutinizes Not For Profits Bookkeeping Records published on

A state attorney general has recently investigated several not-for-profit corporations under suspicion that the organizations’ officers have misappropriated funds, using the companies as fronts to cover for large-scale defrauding and use of donations to fund lavish lifestyles. In one case, the attorney general’s investigation and subsequent trial resulted in a verdict convicting two organization officers of conspiring to steal over $50,000. The not-for-profit ran a lunch program for senior citizens; however, the jury found that the officers routinely submitted false monthly contract and service invoice reports, inflating the costs of the lunches and enabling the officers to skim money. Both officers were charged with several felony accounts and have been sentenced to probation and a combined total of $50,000 in fines. The restaurant owner of the shop from which the organization obtained the lunches previously pleaded guilty to Falsifying Business Records in the First Degree; he was sentenced to conditional discharge and restitution of $25,000.

webgavel

In another case, an executive director was arraigned for allegedly defrauding Medicaid for services rendered to the organization’s clients, including a developmentally disabled person directly under the director’s care. The complaint alleges that the director, responsible for coordinating and providing care to developmentally disabled individuals, double-billed her work, both submitting false time sheets for compensation through an independent employer and claiming medicaid for services rendered through the not-for-profit. She also allegedly used the money from clients’ bank accounts to cover personal expenses. If convicted, the director can face up to 1 1/3 to 4 years in prison.

If you are running a not-for-profit organization, it is critical that your bookkeeping and legal records be accurate and up to date, ensuring also that any required registrations and annual filings with your state attorney general’s office are maintained.

 

If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the  General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.

Spiegel & Utrera, P.A. is a corporate law firm with its main offices located in Miami, Florida with offices throughout the United States. As a law firm, we do more than just help you form your business entity. We stand ready to help with the maintenance of your legal business entity! We will assist you with Incorporation Service, Trademarks,Copyrights,Estate Planning, Legal Counsel, Wills,Trusts, Agreements & Leases, Corporate & Company

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