Luft Tumlin PLLC

Employee

Employee or Independent Contractor?

I am often asked about the difference between an “employee” and an “independent contractor”. The Internal Revenue Service (IRS) and the United States Department of Labor (DOL) set guidelines for determining the difference between an employee and an independent contractor. In certain situations, the employer could face penalties for an incorrect classification. In general, an […]

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North Carolina “Employee Classification” Law Becomes Effective December 31, 2017

Now would be the perfect time to review the status of your workers and make sure they are properly classified before a new law goes into effect on December 31, 2017. The Employee Fair Classification Act establishes a new division within the North Carolina Industrial Commission called the Employee Classification Section whose purpose is to

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Workers’ Compensation Insurance: A “Trap” for Unwary Business Owners

Workers’ compensation insurance covers an injured employee’s healthcare costs and income losses from injuries that occur while working. This can relate to pre-existing conditions that are aggravated, diseases caused by exposure on the job, injuries, and even stress and strains of a psychological or physical nature. I’m often asked by small business owners whether they

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“I heard I can’t stop my former employees from competing with me. . . .”

Clients often ask me whether employee restriction provisions, such as non-competes, are enforceable. On a basic level, these provisions place restrictions on employees after their termination or resignation so that they cannot immediately begin working for a competitor, hiring away other employees of the company, or using customer lists. The keys to enforceability are specificity

“I heard I can’t stop my former employees from competing with me. . . .” Read More »