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Strobl PLLC

Strobl PLLC

Business and Corporate Law Firm

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(248) 540-2300

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    • Henry J. Andries, Jr.

      Henry J. Andries, Jr.

      Member

      Phone: 248.205.2710

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Healthcare Law, Labor & Employment, Litigation, Real Estate, Tax

      Experience

      Since 1995, Henry J. Andries, Jr. has engaged in private practice with a concentration in employment law, complex civil litigation...

    • Lynn M. Brimer

      Lynn M. Brimer

      Member

      Phone: 248.205.2772

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Litigation, Mergers & Acquisitions, Non-Profit Law, Real Estate, Tax

      Experience
      • Assist taxpayers with representation before the internal Revenue Service, the State of Michigan Department of Treasury and other taxing authorities...
    • Jon P. Everly

      Jon P. Everly

      Managing Member

      Phone: 248.205.2759

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Non-Profit Law, Real Estate, Tax

      Experience
      • Advises closely held businesses and their owners in a broad range of legal matters, including formation, taxation, succession planning, and...
    • Michael L. Geller

      Michael L. Geller

      Member

      Phone: 248.205.2770

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Healthcare Law, Labor & Employment, Litigation, Real Estate

      Experience
      • Advises and assists clients in the creation and structuring of their business entities.
      • Regularly counsels clients relative to employment issues that...
    • Jeffrey T. Goudie

      Jeffrey T. Goudie

      Member

      Phone: 248-205-2767

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Real Estate

      Experience
      • Represents financial institutions in licensing matters, regulatory matters, and transactional matters
      • Provides vendor contract review for financial institutions
      • Litigates title issues and...
    • Paul M. Kavanaugh

      Paul M. Kavanaugh

      Member

      Phone: 248.205.2711

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Healthcare Law, Labor & Employment, Mergers & Acquisitions, Real Estate

      Experience

      In his more than 30 years of practicing law, he has helped businesses protect their financial and intellectual property, minimize...

    • Michael A. Kus

      Michael A. Kus

      Member

      Phone: 248-205-3090

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Real Estate

      Experience
      • Advises financial institutions on compliance and regulatory laws and policies and procedures
      • Provides guidance and assistance to banks and thereby reducing...
    • Jay R. LaBarge

      Jay R. LaBarge

      Member

      Phone: 248.205.2778

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Healthcare Law, Mergers & Acquisitions, Non-Profit Law, Real Estate, Tax

      Experience
      • Advises clients on a full range of real estate matters, including drafting and negotiating purchase agreements and residential, commercial and...
    • Brian J. McCullough

      Brian J. McCullough

      Member

      Phone: 248.205.2715

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Healthcare Law, Real Estate

      Experience
      • All legal aspects pertaining to healthcare providers, including licensing, certification issues, survey and compliance issues, Medicare, Medicaid and other insurance-related...
    • Pamela S. Ritter

      Pamela S. Ritter

      Member

      Phone: 248.205.2765

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Litigation, Real Estate

      Experience
      • Counsel to lenders in a range of loan origination transactions, including commercial and industrial loan facilities, real estate and construction...
    • James A. Rocchio

      James A. Rocchio

      Of Counsel

      Phone: 248.205.2748

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Bankruptcy & Creditor's Rights, Business Law, Commercial Contracts, Corporate Law, Estate & Succession Planning, Mergers & Acquisitions, Tax

      Experience

      Mr. Rocchio has deep expertise in the area of taxation. Over the course of his legal career, he has counseled...

    • Nelson B. Stieper

      Nelson B. Stieper

      Of Counsel

      Phone: 248.205.2742

      Office: Bloomfield Hills, Michigan

      Connect:

      Practice Areas

      Estate & Succession Planning

      Experience
      • Performs probate and trust administration, revocable and irrevocable trusts, wills, special needs planning, gift planning, and asset protection
      • Advises on divorce,...
    • Thomas J. Strobl

      Thomas J. Strobl

      1942 – 2023

      Phone: 248.205.2713

      Office: Bloomfield Hills, Michigan

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      Practice Areas

      Banking & Financial Services, Business Law, Commercial Contracts, Corporate Law, Labor & Employment, Mergers & Acquisitions, Real Estate, Tax

      Experience
      • Advises a broad spectrum of purchasers and sellers in merger and acquisition transactions involving primarily private companies.
      • Represents financial institutions and...
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7 Ways to Protect Your Business From the Seasonal Hiring Blues

November 4, 2014

Start the holiday off right by following best practices for the seasonal hiring of temporary employees

 

By Murray Feldman

The year-end holidays require many businesses to temporarily increase their staff. If you need to hire seasonal workers, here are 7 tips to help you avoid the post-holiday litigation blues.

  1. Be specific about the time frame

Although seasonal employees should understand that holiday jobs are temporary, it is still Murray -Feldman-article-seasonal-hiringadvisable to reiterate this and even put it in writing. You should also explain that they are at-will employees. This means you have the legal right to terminate them with or without cause prior to or at the end of the designated employment time frame.

  1. Conduct an unbiased interview

Know what questions you can and cannot legally ask during the interview or on your application form. It is of course against the law to refuse to hire someone just because of age. And, the last thing you want is a protracted discrimination lawsuit that extends to the following holiday season.

  1. Verify eligibility

Just as you are legally obligated to do for permanent employees, you should require holiday staff to complete Form I-9 as proof of eligibility to work in the U.S. A free, web-based program provided by the U.S. government called E-Verify is an additional way to protect your business. Participation in E-Verify is voluntary for most employers. E-Verify compares information from the I-9 to data in government records. If the information matches, then the candidate’s eligibility to work in the United States is automatically confirmed.

  1. Consider using a non-disclosure agreement

As you would with any employee, give thought to restricting access to confidential information. If any seasonal employees must have access to confidential or proprietary information about your company, make them review and sign a non-disclosure/confidentiality agreement before the start of employment.

  1. Know the wages and taxes required by law

Employers who do not typically hire seasonal personnel may not be aware that all state and federal wage and hour laws must be followed during the holiday season. While it is not illegal to pay wages to employees in cash, it is not a generally accepted business practice. Unfortunately, some businesses use cash to pay employees in an attempt to avoid paying payroll taxes. Employers must withhold payroll taxes (federal and state income tax along with FICA – Social Security/Medicare – tax) from employees’ pay. Employers must also report and pay these payroll taxes to the IRS, including both the employee and the employer portion of FICA taxes.

  1. Know the difference between an employee and independent contractor

Laws covering harassment, discrimination and workplace health and safety apply equally to all workers, including your holiday staff.  However, some laws differ when it comes to hiring independent contractors. These are essentially self-employed individuals who often seek seasonal or part-time work. They are usually very experienced in certain fields and work largely unsupervised.

If you classify a worker as an independent contractor, the individual is not entitled to employee rights under the Wages and the Fair Labor Standards Act (FLSA), including the right to minimum wage, anti-discrimination protections, workers compensation and overtime pay. Employers do not pay payroll taxes for independent contractors. The contractor is responsible for paying taxes to both the Internal Revenue Service and the state.

  1. Include training on company policies

To protect yourself from discrimination and other lawsuits, it is advisable to train seasonal employees on your company policies regarding sexual harassment and discrimination and have a process in place to respond to any complaints of retaliation made by them.

If you need detailed guidance on any legal obligation pertaining to seasonal hiring, consult with an attorney who practices labor and employment law.

Murray Feldman has over 30 years of legal experience with defending workers’ compensation claims for employers, insurance carriers and third party administrators. He is an appointed Special Assistant Attorney General for the State of Michigan (1995-present) and serves as an Ad Hoc Hearing Referee for the Michigan Civil Rights Commission (1998-present).

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At Strobl PLLC, our attorneys are committed to your team. We collaborate with clients to share our expertise and guide them to success.

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