b'PAGE 22 / NATIONAL CLOTHESLINE / JANUARY, 2020K EEP I T L EGAL BY F RANK K OLLMANNewYears resolutions for 2020thoughtIwouldstartthe Asacorporation,you menttocoverthosecircum- nation if it continues. if any.I year by recommending ac- should have stock certificates, stances,unlessyouwantto 3. Makesureallthere- If you are treating someonetions a business should take resolutions electing the board findonedaythathalfyour quiredpostersareinyour as an independent contractor,to avoid legal problems. I like ofdirectors,andresolutions businessisownedbythe shop: Workers compensation, make sure that you are doinglists, so here goes: electingofficers. AsanLLC, spouse or children of your for- OSHA,EEOC, ADA,andso so properly.1. Makesureyourcorpo- you should have an operating mer co-owner. on. Such posters are available Treatinganemployeelikerate records are up to date. agreement for the members of 2. Review and revise your online. an independent contractor canIf you are a sole proprietor the LLC. employee handbook. 4. Have an employee meet- end up costing you far more(unlikely), make sure you have Evenifthebusinessis Make sure the document is ing to discuss the business. than merely paying them cor-good business records separate closely held by family mem- up to date and compliant with Ask how the business could rectly from the start. Uber isfrom your personal ones. bers, you should have docu- federal, state, and local laws. bebetter.Evenifyouhear facing $650 million in unem-If you are a corporation or ments providing for the con- This will give you a chance to something negative, it is better ployment taxes in New Jerseylimitedliabilitycompany tinuation of the business if one review current policies, and if tofindoutnowthanlater. because the state claims that its(LLC), make sure you have the or more stockholders or mem- you have not been enforcing Sharedetailsofyourplans. drivers are employees, not in-documents you need to show bers die, quit, or are fired. them consistently, start a clean Employee morale will benefit. dependent contractors.that you are operating as one Typically,stockholders slate. Inconsistent enforcement 5. Examine your independ- 6. Audityourwageandof those legal entities. should have a buy-sell agree- can be used to prove discrimi- ent contractor arrangements, hour practices.Remember, employees can-notagreetotakelessthanwhat is required to be paid un-der the Fair Labor StandardsAct and similar wage and hourlaws.This is true even if the em-ployee suggests the arrange-ment,likeworkafewextraovertime hours each week atstraight time to build up a paidtime off bank.Are you calculating hours ofworkcorrectly? Aretheem-ployees not receiving overtimeactuallyexemptfromover-time? 7. Reviewyourinsurancepolicies to make sure they aresufficient and that you are notoverpaying for coverage. Getridofinsuranceyoudonotneed, and get insurance thatyou should have.8. Hire an accountant if youdo not have one; hire a lawyerif you do not have one.Interviewseveralineachcategory. Just have a compe-tentlaborandemploymentlawyer you can call to discussa tricky termination decision.A phone call could save youthousands of dollars.9. Attendaseminar ongood business practices, laborand employment law, or simi-lar topics. You are never tooold to learn.10. Train your supervisors.Make sure they know whatthey can and cannot do, bothfrom a legal perspective andan employee morale perspec-tive.I will stop at ten. That said,if you are interested in any par-ticular legal topic, please con-tacttheeditorofN ATIONALC LOTHESLINE and let him knowwhat topics you would like tosee covered in future columns.Frank Kollman is a partner in thelaw firm of Kollman & Saucier,PA, in Baltimore, MD. He can bereached by phone at (410) 727-4300 or fax (410) 727-4391. Hisfirms web site can be found atwww.kollmanlaw.com. It has ar-ticles, sample policies, news andotherinformationonem-ployee/employer relations.'