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Navigating the Maze: A Roundtable Discussion on Legal Issues

SmartCEO Magazine - July/ August 2016

Cohen Seglias Partner Ed Seglias participated in SmartCEO Magazine's roundtable discussion on the topic of "Key Legal Issues CEOs Must Be Aware Of.” A transcript consisting of panel highlights was published in the July/August edition of SmartCEO, and the full audio is available on their website. The panelists discussed common legal pitfalls for CEOs, and provided five key takways:

  1. Train, train, train on your policies. It’s not good enough to have a policy on a complicated compliance issue. If your policy is gathering dust and your employees aren’t familiar with it, noncompliance is the likely result. Make sure your policies are easily accessible to all employees and that you refresh their memories about them frequently.
  2. Beware of restricting lawful employee activity. You want to protect your company on social media, but remember that the law protects employees’ free expression, including discussions of their employer.
  3. Step carefully on employee classification. Just because your contract with an individual says they are a “contractor” doesn’t mean it’s true. If your so-called contractors are actually employees, it could cost you. This issue is currently an enforcement focus for the federal government.
  4. Look closer on Affordable Care Act (ACA) compliance. Don’t assume the ACA doesn’t apply to you because you’re a small business. Make sure you get help in determining whether your employees’ hours collectively add up to the threshold for full-time equivalents set by the law.
  5. Set clear rules for at-home work. If employees work unpredictable hours, it will be difficult to track their eligibility for overtime.

A transcript of the panel highlights is available on SmartCEO's website, and you can listen to the full discussion here.