Consider WARN Act Legalities If You Need to Lay Off Employees

Protection against the harshness of sudden job loss was the purpose of a law passed back in 1988. The Worker Adjustment and Retraining Notification (WARN) Act was adopted to help employees prepare to find new jobs — particularly if some training is needed to expand their employment opportunities — when their employer is forced to let […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Overtime Pay Rules for Fluctuating Workweeks

If you pay employees who are nonexempt and who have fluctuating workweeks, there’s a formula you can use to calculate their overtime pay. The formula is laid out in newly revised U.S. Department of Labor (DOL) regulations, and it adheres to the Fair Labor Standards Act (FLSA) overtime pay framework. However, you don’t need to dig […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Benefits & Compensation Year-End Preparation for Non-Qualified Plans

Amid the year-end crush, one area worth the focus of tax and HR departments is the potential for Section 409A failures. There is a window to avoid – or at least identify and correct – such errors by year-end. Failures commonly arise in connection with:• Deferred compensation plans• Excess 401(k) and Pension plans• SERPs• Equity […]

Mindy HerzfeldOf Counsel, Ivins, Phillips & Barker

Creating a Tax-Advantaged ABLE Account for a Loved One with a Disability

The Achieving a Better Life Experience (ABLE) Act of 2014 allows states to set up ABLE account programs, which are similar to state-run Section 529 college savings programs. That is, you can establish a tax-favored ABLE account to cover qualified disability expenses of a family member or loved one who’s named as the designated account beneficiary. […]

William H. ShawnCo-Managing Partner, ShawnCoulson

A Surviving Spouse’s Right to a Portion of an Estate

A will is a written document detailing how you want your assets distributed after death. It serves as a blueprint for distributing your assets the way you want. However, there are some things that cannot legally be done in a will. In general, one spouse cannot disinherit another. No matter what a will states, a surviving spouse […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Home Office Deductions in the COVID-19 Era

Have you been working from home during the COVID-19 crisis? Join the club. Approximately 42% of the American workforce is currently working from home full-time, according to a recent study by the Stanford Institute for Economic Policy Research. Only 26% are working on business premises — and many of those are essential workers, such as […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Protect Trade Secrets From Insider Theft

Many companies are concerned about intellectual property being stolen by computer hackers and outsiders coming onto their premises. While these are certainly legitimate concerns, it’s generally more important to focus on insiders — your own staff members, former employees, on-site contractors and partners. Theft of trade secrets is often an inside job, as illustrated by […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Using Remote Workers? Protect Sensitive Company Data from Exposure

What seemed at first like a temporary COVID-19-driven work-from-home trend isn’t expected to end when health risks are mitigated, some surveys suggest. For example, one-third of employers expect that at least half of their employees will work remotely in the post-COVID era, though not necessarily every day of the week, according to a recent survey […]

William H. ShawnCo-Managing Partner, ShawnCoulson

Six Steps to Prevent Trust From Being Betrayed

In order to effectively run a company, senior managers are entrusted with tremendous power and authority. But what if they decide to use it to line their own pockets? Investigations of executive management can be highly contentious and fraught with difficulty. It is imperative that they are conducted with the utmost discretion by highly trained […]

William H. ShawnCo-Managing Partner, ShawnCoulson