Is Your Small Business Violating Federal Labor Laws?

DuPage County business law attorneysAll businesses – even small ones – must comply with applicable federal labor laws. How do you know if your small business is violating one? The first step is to examine the four most commonly violated labor laws. The second is to ensure you have an experienced attorney on your side. Learn more with help from the following information.

The Family Medical Leave Act (FMLA)

The Family Medical Leave Act is meant to provide employees with up to 12 weeks of unpaid leave per year for certain medical or family issues (i.e. death, birth or care of a newborn child, placement of an adopted child or foster child, and caring for an immediate family member with a serious health condition). However, not all employees or businesses may be entitled. Companies with fewer than 50 employees may not be obligated to provide family medical leave, and any employee who has not worked at least 1,250 hours over the past 12 months may be ineligible for this protection.

Office of Federal Contract Compliance Programs (OFCCP)

In 2013 and 2014, the Department of Labor implemented two new laws to strengthen the discrimination protections against veterans and individuals with disabilities. The first rule is known as the Vietnam Veterans’ Readjustment Assistance Act (VEVRAA), encourages employers to adopt benchmarks for hiring veterans; they can use either the federal goal of 8 percent of employees, or they can create their own benchmark using labor statistics, hiring circumstances, and company needs and desires. The second rule is Section 503 of the Rehabilitation Act, and it requires that contractors strive for an aspirational utilization goal of individuals with disabilities of about 7 percent, or 7 percent of each job group for larger employers.

NLRA Protections for Non-Union Workers

While the National Labor Relations Act deals mostly with unions, there are a few ways that it protects the rights of employees in non-unionized positions. For example, the NLRA protects the rights of employees who wish to unionize, collectively bargain, or engage in concerned activity for their mutual benefit and protection. Restricting this right as an employer can cost you dearly, as can restricting too much of what an employee posts on social media. Whether you need help crafting a non-disclosure agreement or want to ensure you are not violating the union protection laws, contact an experienced attorney.

Fair Labor Standards Act and IRS Misclassification

Many small businesses rely on independent contractors to ensure certain tasks are done. Often, this is because a contractor is more cost-efficient and easier to manage. However, employers should be aware that, in some circumstances, a contractor could become an employee under the federal law. Generally, this is determined by examining the relationship between your company and the contractor, the financial factors, and behavioral factors. If you are uncertain about the status of one of your workers, avoid the consequences of a misclassified employee and contact an experienced lawyer for assistance.

Contact Our Seasoned DuPage County Business Law Attorneys

Stock, Carlson, Oldfield & McGrath, LLC understands the challenges that small businesses face, and we strive to mitigate against them. Dedicated and experienced, our DuPage County business law attorneys can examine the legal aspects of your business to ensure proper compliance, and to reduce the risk of litigation. Get experienced assistance by scheduling a personalized consultation. Call 630-665-2500 today.

Sources:

http://www.businessnewsdaily.com/6509-business-labor-laws.html

https://www.dol.gov/general/topic/benefits-leave/fmla

Buying Foreclosed or Bank-Owned Property

Naperville real estate lawyersPurchasing a foreclosed or bank-owned property can save you a lot of money on the purchase of your home or investment property. However, this is not always the case. Instead, buyers need to be diligent, resourceful, and savvy to decrease the odds of a financial loss. The following information can help you learn more about buying a Real Estate Owned (REO) property, and it explains how an experienced real estate lawyer can assist with the process.

Be a Savvy Home Buyer

Whether you are investing with the hopes of one day making a return on the property, or are planning on making an REO your full-time residence, be a savvy home buyer. Make sure you are pre-approved for a loan or have the cash on hand to smooth the process, and know that some homes (particularly those with significant damage) may be ineligible for certain types of loans. If the property is distressed, an FHA loan may be your best option. Just keep in mind that some buyers might not be eligible for an FHA loan. In such situations, cash may be required.

Get Your Own Appraisal and Inspection

Although the bank may have already conducted an appraisal and inspection of the property, it is important that buyers obtain their own, separate from the bank. Doing so ensures that the buyer is aware of any major issues, and sometimes, separate inspections turn up damage that was not discovered during the bank’s inspection or appraisal. Remember: it is critical that you know what you are getting into. Otherwise, you run the risk of financial loss, either through the home purchase price or while trying to make repairs.

Never Go Through the REO Buying Process Alone

While the state does not require the assistance of an attorney while buying a home, the assistance of an experienced real estate attorney is still encouraged. Able to protect your interests, assist you in negotiations, and skilled in navigating some of the most complex homeowner transactions, an attorney can improve your odds of a positive outcome.

Do not take chances with your money or investment property. Instead, contact Stock, Carlson, Oldfield & McGrath, LLC for assistance with the purchase of your REO home or investment property. Backed by more than 40 of legal experience, our DuPage County real estate lawyers offer comprehensive and personalized real estate transaction services to meet your needs. Schedule a personalized consultation to get started. Call our offices at 630-665-2500 today.

Source:

http://www.foxbusiness.com/features/2010/12/17/keys-buying-bank-owned-property.html

Video Wills – Are They Right for Your Estate Planning Needs?

DuPage County estate planning lawyersTalking to your family through video and letting them know your wishes once you are gone sounds like an innovative idea. At the very least, it is indicative of the times, but is such a method considered valid by the courts? Learn more about the validity of video wills, including how to determine if they may be appropriate for your estate planning needs, and discover where you can find quality legal assistance with your Illinois will or living trust.

Are Video Wills Legally Binding?

Video wills are not typically considered valid by probate courts or judges. The reasons behind this are many, but one of the biggest concerns is that a judge may be unable to determine whether the person speaking was of sound mind at the time of the video’s creation. Furthermore, the judge may be unable to determine if the person was under any form of mental, physical, or emotional duress at the time that the video was made. As such, only a written and notarized will would be considered valid by the courts.

Combining the Best of Both Worlds

It can be disheartening to learn that video wills are not considered legally valid, especially if you had your heart set on making one. Thankfully, you do not have to throw out the idea completely. While a video will cannot replace a written will, it can supplement it quite well. It can give your will a more personal touch. It can comfort your family, long after you are gone. Video wills even give you the chance to deliver semi-private or intimate messages to those you love most, so do not throw away your idea. Instead, find a way to combine the best of both worlds; create both a written will and a video one for lasting, loving impact.

How Our DuPage County Estate Planning Attorneys Can Help

Estate planning is a complex process, with numerous potential consequences for your heirs. Protect them, and your estate, with help from an experienced estate planning lawyer. Able to examine your specific situation, an attorney can provide you with tailored and creative solutions to help ensure your estate planning needs and wants are met.

Backed by over 40 years of legal experience, Stock, Carlson, Oldfield & McGrath, LLC is ready to serve you. Caring and attentive, our DuPage County estate planning lawyers will walk you through your options so that you can make the most informed decisions possible. Schedule your personalized consultation to get started. Call our offices at 630-665-2500 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=5300000&SeqEnd=6800000