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Home » Entity Formation and Governance
Shadman Bashir
Presented by Shadman Bashir
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David Castleberry
Presented by David Castleberry
The federal Fair Labor Standards Act (FLSA) establishes a minimum wage to be paid to all employees and requires the payment of overtime wages to non-exempt employees for hours worked in excess of 40 hours during a seven day period. The FLSA proscribes the use of oppressive child labor and prohibits employers from discriminating among employees with respect to wages on the basis of gender. Failure to comply with the requirements of the FLSA exposes the employer to both civil and criminal liability in the form of civil penalties, imprisonment, payment of lost wages and additional liquidated damages, as well as compelled hiring, reinstatement or promotion of affected employees.
Christopher B. Snow
Presented by Christopher B. Snow
Are investigations worth the business interruption and toll on the human resources of your Company? Absolutely. Workplace investigations are a legal necessity now more than ever. Courts and administrative labor and workforce agencies expect Companies to conduct sophisticated, thorough and timely investigations into alleged employee misconduct, i.e., hostile work environment, sexual harassment, discrimination, and internal complaints of a serious nature.
Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against applicants and employees on the basis of disability when the employee or applicant is qualified to perform the job with or without a reasonable accommodation. Failure to comply with the requirements of the ADA exposes the employer to both civil and criminal liability in the form of civil penalties, imprisonment, payment of lost wages, compensatory and punitive damages, as well as compelled hiring, reinstatement or promotion of affected employees.
Dennis Gladwell
Presented by Dennis Gladwell
Executive Summary: Almost all top tier business concerns develop HR policies and procedures. These can be excellent tools to welcome employees, to ensure a relatively consistent application of company policies, create a desired culture, and provide answers to commonly asked employee questions. If poorly written, however, policies can entangle an employer in a network of promises or representations the company cannot keep.
Andrew Deiss
Presented by Andrew Deiss
Restrictive Covenants Noncompetition, nonsolicitation and nondisclosure agreements are examples of restrictive covenants. Restrictive covenants can be part of the sale of a business or part of an employment or contractor relationship.
Nanci Snow Bockelie
Presented by Nanci Snow Bockelie
Nearly every employer has felt the urge to fire its employees and re-hire them as independent contractors or consultants.2 Employers want to avoid the costs and hassles of doing payroll. They want to avoid having to withhold and pay employee income taxes, Medicare, FICA, and federal and state unemployment taxes. A business without employees does not have to buy workers’ compensation insurance or worry about immigration issues and I-9 forms. Independent contractors do not earn vacation, sick leave, holiday pay, health insurance, bonuses or retirement plans. By reclassifying even some of its workers, a business may reduce the number of state, local and federal regulations with which it must comply. A worker may agree to the classification to get a larger paycheck without tax deductions, the ability to claim business deductions, and scheduling freedom.
Unfair trade practices are governed by both state and federal law, and broadly encompass antitrust practices, patent, trademark, copyright laws, as well as consumer protection and non-competition regulations. What follows is a broad overview of the area of law as it applies to Utah and is intended only to provide a business-person with a general understanding of the subject matter. The applicable law is complicated and may subject a person or entity to both civil and criminal liability. Accordingly, a business-person should not rely on the information contained in this chapter; it is critical that a business person consult an attorney before embarking on any activity that may invoke concerns over unfair trade practices.
Douglas G. Mortensen
Presented by Douglas G. Mortensen
The Nature, Source and Purpose of Tort Law A Utah entrepreneur may be held civilly liable for harms resulting from a deliberate act, an act of carelessness, the design or manufacture of a defectively dangerous product, or from conducting a business activity which by its nature is ultrahazardous or abnormally dangerous. This is called tort liability.
Aaron Pacini
Presented by Aaron Pacini
One of the most common benefits of organizing or incorporating your business venture into an entity (such as a corporation or a limited liability company) is that the law can limit your personal liability for the business’s liabilities to the amount of your investment in that entity.2 This is called limited liability.