Labor And Employment Law
Statman, Harris & Eyrich, LLC advises businesses on various employment matters which can arise in the workplace. Our services include counseling and advice in human resources, sexual harassment law, employment policies and practices and employee handbooks. The firm has also represented businesses and individuals in litigating their employment claims. Finally, SH&E represents executives in negotiating and drafting executive, severance, stock options and 457(f) plans along with confidentiality, non-competition and consulting agreements.
Employers and Employees Both Need To Understand
Everyone in the United States has been, and continues to be, affected by the outcomes of Labor and Employment Law cases. Working conditions, paychecks, and employment rights have all been dramatically improved because of legal action taken on behalf of workers. The horrendous working conditions that still exist in many parts of the world illustrate the benefits that labor laws have on the lives of average working people.
The History of Modern Labor Laws
The horrible conditions in English factories during the Industrial Revolution of the late 1700s and early 1800s precipitated modern labor laws. Public opinion began to turn against child labor after a serious fever outbreak. This led to the passing of the first major labor legislation, although the benefits were modest by current standards. Children were no longer allowed to work longer than 12 hours a day and had to receive some education. Overall, working conditions were terrible. In 1900, the average English miner could expect to only live to the age of 30.
In the United States, the standard workweek was set at 44 hours by the Fair Labor Standards Act of 1938. This was reduced to 40 hours in 1950. Battles between labor unions and employers ultimately resulted in significant power and influence for the unions and multiple benefits for workers. Hundreds of labor laws have been passed, but some of the most significant are the Equal Pay Act of 1963, the Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967.
Types of Workplace Discrimination
There are a number of types of workplace discrimination and harassment. Discrimination is illegal on the basis of race, age, gender, national origin, disability, either physical or mental, genetic information such as a predisposition to a medical condition that would require expensive medical treatment, pregnancy or being a parent. Harassed is prohibited for many reasons, including marital status, sexual orientation, religious or political beliefs or veteran status.
How to Handle Workplace Discrimination
Workplace discrimination takes many forms. Many workers are afraid to complain, fearing the loss of their jobs. When faced with racial, sexual, or other forms of discrimination or harassment, it’s important to take the proper steps. This will impact your job, your future at the company, and whether or not justice ultimately prevails.
1. Report the matter to the employer. If your direct supervisor is the problem, go higher in the chain of command.
2. The human resources department may or may not be of assistance. Their paychecks come from the employer.
3. Every time a complaint is made, ask for a written report. Request an investigation and that the offenders be disciplined. The law requires that employers respond promptly to complaints of this nature.
4. Keep a detailed diary, logging each incident with every detail possible. Include dates, times, what was said, names of witnesses, and anything else relevant.
5. Keep any derogatory notes, pictures, texts etc.
6. Get a copy of the employee handbook for the company and review their discrimination policy.
When It’s Necessary to Hire a Labor Attorney
If the problem is not resolved or worsens, it’s time to retain a labor attorney. Statman, Harris & Eyrich, LLC includes attorneys experienced with the complexities of labor and employment laws. They understand what it takes to protect the rights of their clients and to untangle the complex laws and regulations. Being forced to deal with discrimination of any type is a very emotional experience. A skilled attorney is able to stay calm and focus on protecting your rights.
Statman, Harris & Eyrich, LLC also provides counsel to employers who need assistance with human resources and avoiding or dealing with employee harassment or discrimination charges. A review of employment policies can point up any practices that need correction. Not only can preventive measures avoid a future lawsuit, but employees who are satisfied with their working conditions are more productive. The firm can also assist with matters involving executive concerns, such as severance, stock options or 457(f) plans.
Anyone concerned about a problem concerning labor law or discrimination should contact Statman, Harris & Eyrich, LLC to schedule a consultation and explore their legal rights.
Business & Corporate Law
Of all the existing, legally-recognized business arrangements, corporations are the most complicated and commonly misunderstood. Corporations are distinguished from other business entities, like sole proprietorships, partnerships, and limited liability companies, by a number of basic traits.
- Independent Legal Personhood: Unlike other business entities, a corporation is viewed as a distinct legal person, existing separately from its owners and directors. A corporation can, therefore, own property, enter into contracts, and enjoy a limited set of the other advantages of legal personhood. It can also be sued directly and even charged with crimes.
- Ownership by Shareholders: The ownership of a corporation is distributed among those who hold shares of its stock. Unlike with business arrangements such as partnerships, these shares are freely transferable by those who own them, divorcing the ownership of a corporation from any particular set of owners.
- Management by Delegated Directors: Every corporation has a board of directors responsible for appointing its executives and setting the overall direction of the company. Accountable to, and themselves appointed by shareholders, these directors engage in regular meetings governed by the company’s Articles of Incorporation and relevant laws.
- Limited Liability: Although not every corporate form inherently shields shareholders and directors from legal liability, the most common ones do. Preserving this protection, though, requires adhering to strict legal requirements. In extreme cases, the corporate “veil” may be pierced through legal processes, exposing investors or company directors to personal liability for the conduct of the company.
Corporate Organization Entails Unique Legal Challenges
Because of these distinctive characteristics, corporations face an array of equally distinctive legal challenges and needs. Statman, Harris, & Eyrich attorneys bring a wealth of experience to bear on the whole range of legal issues in the field of Corporate Law, including:
- Incorporation: Even the process of establishing a corporation can be complicated, and Statman, Harris, & Eyrich is ready to help. The firm’s attorneys can assist with the drafting of appropriate Articles of Incorporation, the fundamental rules according to which the resulting corporation will operate, and help with filing documents and taking care of other necessary, preliminary steps. Getting well-founded legal advice at this stage can contribute greatly to the long-term success of a corporation.
- Corporate Governance: Of all the ways of doing business, corporations come with the most stringent and detailed requirements regarding governance. Meant to protect shareholders and ensure that the legal Independence of the corporate form is not abused, these rules must be closely and consistently observed. Statman, Harris, & Eyrich attorneys can advise corporate directors and managers about how to most efficiently and effectively keep up with these obligations.
- Share Issuance and Management: Whether privately held or traded on the public exchanges, corporations are distinguished from other legal business entities by their issuance of shares of ownership. Statman, Harris, & Eyrich experts can assist with the initial issuing and distribution of shares to a new corporation’s owners as well as with later stock issues, buybacks, or other share management projects.
- Other Corporate Legal Issues: Just like businesses of other kinds, corporations regularly enter into contracts, pursue legal remedies, and otherwise make use of the protections and tools afforded by the law. With more than 10 years of experience working with corporate clients, Statman, Harris, & Eyrich attorneys are well positioned to take care of these needs, too, from the drafting of routine contracts to defending against lawsuits.
Statman, Harris, & Eyrich Stands Ready to Help With Every Corporate Legal Need
Statman, Harris, & Eyrich has a long record of understanding and resolving the legal challenges that corporations regularly face. Statman, Harris, & Eyrich attorneys thereby ensure that corporations serve their shareholders as well as possible, supporting directors and executives as they strive to make the most of each company’s potential. Contact our corporate law attorneys for anything you need, from help with the basics of incorporation to the thorniest issues of corporate governance.
Business Planning Lawyers
Statman, Harris & Eyrich, LLC provides a wide array of business services to its clients. These clients range from small companies to large, national corporations. Since the firm’s inception, it has provided advice to businesses in the areas of start-up, law compliance, contracts, and financial matters. SH&E provides business counsel on mergers and acquisitions, spin-offs, and sales of assets. The firm’s business attorneys have helped individuals and businesses obtain loans to finance their daily business operations.
Business planning began in the nineteenth century in France, yet didn’t make its way to the United States until the 1950s, and this process has undergone major changes in the past few decades. Some companies feel there is no need to undertake this type of planning as there are too many uncertainties in the world. They believe terrorism, global warming, and the possible problems accompanying this issue, the potential shortage of hydrocarbon fuels and more make corporate planning a worthless activity. Other companies, however, find a plan of this type to be essential, although each plan is unique and based on what the company wishes to achieve.
The Scope Of Business Plans
A company may opt to create a simple plan, one that outlines their objectives and how they plan to go about achieving these objectives. Certain organizations, in contrast, choose to develop a very elaborate plan, one detailing every aspect of the company’s normal routine. These formal plans contain a great amount of detail and include projections and actions. A plan of this type typically includes revenue, profit, and return on investment projections, and all executives within the organization may be asked to contribute to its development.
Creating A Formal Business Plan
When creating a detailed business plan, companies need to establish the goals they wish to meet. The plan also includes any measures to be taken and must address opportunities and impediments that may affect the process, such as competition. Revenue, profit, and return on investment projections are included here, along with the time frame to be covered by the plan. Plans range in length from 12 months to 5, 10 or 15 years, yet retail operations tend to use short-term business plans, covering a time period ranging from one quarter to one year. All potential financial outcomes need to be the basis for this plan, as the data accumulated is used to determine operational manager performance, while top management is measured by stock price performance.
Advantages And Disadvantages Of Business Planning
Routine planning is something every company needs to do, with measurable outcome projections in place. This plan provides beneficial insights and enables a company to make current decisions in an informed manner. The process tends to be costly, however, and the plan may become useless in the face of rapid change. In addition, innovation may be stifled when a business plan is used. Companies need to consider all of the benefits and drawbacks of business planning, not just these few. A business plan is necessary, but changes may be needed to make the most of this tool. For example, companies may find they need to modify the plan more regularly.
Difficulties One May Face When Creating A Business Plan
Companies often find it difficult to forecast every aspect of the future, yet this is the foundation of the business plan. Individuals within the company need to recognize that the plan isn’t solidified and changes will likely be required as the company moves forward. This simple fact continues to be overlooked by many, especially when rapid changes occur. This is one reason why many advocate the use of short-term business plans instead of long-term ones. In addition, when a manager’s performance is tied to objectives in a business plan, he or she may stay within that plan to meet those objectives. This stifles innovation along with empowerment of the manager. Companies must be aware of this and find ways to overcome these difficulties if they wish to thrive.
Any company in need of business planning assistance may turn to Statman, Harris & Eyrich, LLC., as our firm offers a wide range of legal business services. From large, national corporations to small companies, we offer start-up advice, contracts, as well as exploring financial matters and law compliance. We also provide legal advice on spin-offs, sales of assets, and mergers and acquisitions. In addition, we work with clients to obtain the funds the client needs to continue daily business operations. Contact our law firm today to discuss any business matter with which your company is dealing.
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