Last week Flint, Connolly and Walker, LLP held a continuing education seminar for Georgia realtors. Its purpose was to provide insight into the changes to real estate closing procedures required by the new Consumer Financial Protection Bureau regulations that go into effect on August 1, 2015. Our speakers included attorneys Douglas Flint, David Walker, and Andrew Smith.We thoroughly enjoyed meeting and speaking with all of our attendees.
Flint, Connolly & Walker, LLP, recently adorned the façade of its offices with a proud display of the U.S. Flag, the Georgia Flag, and the Gadsden Flag. While most members of our community are acquainted with all three banners, many do not know the precise history and meaning of the Gadsden Flag.
My previous article dealt with the standards used by the Internal Revenue Service at making a determination about the status of a worker as an employee versus an independent contractor. These standards are not, however, the only ones that apply to this critical question. The federal Fair Labor Standards Act (FLSA) also affects all employers and compliance with this sweeping law is essential to every employer.
For the unwary business owner, the terms "independent contractor" and "employee" may seem to be a question of whether the business owner or manager elects to issue a W-2 or 1099 to the worker in question. However, these words represent important distinctions that have been specifically defined by the Internal Revenue Service. A business owner who fails to properly classify its workers can suffer significant penalties and financial detriment.
Whether someone who works for you is an employee or an independent contractor is an important question. The answer determines your liability to pay and withhold Federal income tax, Social Security and Medicare taxes, and Federal unemployment tax. In general, someone who performs services for you is your employee if you can control what will be done and how it will be done.
It is no secret that the past four years have been tumultuous, if not devastating, for the construction industry in Georgia. Commercial and residential contractors alike have suffered tremendous losses as the nationwide economic collapse brought projects to a literal halt across the State.
Recently, however, I have begun to hear encouraging news from several of my clients who work in the construction industry, who tell me that the building market is beginning to show signs of life. Although we are still months, if not years, away from a major recovery, many owners and developers are working hard to breathe life into this previously stagnate industry.
Divorce is and should be a difficult decision. But, too often this difficulty has led many divorcing spouses to try to move through the process as fast as possible without properly considering all of the issues and pitfalls that must be addressed. The process to end a marriage is much more difficult than the one that began it. If divorce is where you must go, then you must carefully consider, among other things:
Published in the Cherokee Tribune, November 27, 2010
BUSINESS OWNERS AND EMPLOYEES MUST CONSIDER THE RAMIFICATIONS OF NEWLY ENACTED HB 173
On November 2, 2010 a political sea change swept the nation as voters resoundingly rejected the brand of "hope and change" that had been previously marketed by their political representatives. While most election coverage focused on the Republican takeover of the U.S. House of Representatives and that party's dominance in Georgia's state elections, relatively little attention was paid to the revolutionary changes in the laws that govern non-compete, non-disclosure, and non-solicitation (collectively referred to as "restrictive covenants") provisions in Georgia employment contracts; however, a firm understanding of the new laws is critical for all Georgia business owners and employees.