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What to Know Before Hiring a Contractor

ContractorWhat to know before hiring a contractor can be the difference between conducting business as usual or finding yourself in legal trouble. Contractors have rarely been more numerous or available than they are right now. In addition to traditional contractors, you can hire someone to create a website for your business, assemble your office furniture, or deliver your lunch. If you need help getting something done, hiring an employee or finding an independent contractor may be the right choice. It depends on your wants, needs, and applicable laws. However, you need to know the rules governing your business relationship with contractors. A person you think is your contractor may actually be an employee, with all the taxes, laws, and regulations that accompany them. Maryland business lawyer Rebekah Lusk appreciates the practical and legal challenges involved in hiring a contractor. We will work with you to review the facts of your…

How to Review a Commercial Lease Agreement

Commercial LeaseIt is good to know how to review a commercial lease agreement because it serves as a foundation of your relationship with your tenant. Given the economy, a prospective tenant may want to move into a smaller space. Landlords may be eager to keep or attract tenants, given how many they might have lost. Rebekah Lusk and her associates offer you many landlord-tenant law services, including commercial lease review. We help clients with property-related issues. A commercial lease attorney can ensure that a client’s actions are on a sound legal footing and their interests are protected, no matter how the economy impacts their business. Commercial Lease Review Checklist Each landlord-tenant relationship is unique. Some issues will be more important than others in a particular relationship. Overall, here’s a commercial lease review checklist of things to pay attention to when offering a new lease or if you’re reviewing an existing one. Proofread and…

A Comprehensive FAQ on How to Hire a 1099 Contractor

ContractorIf you have a short-term need for extra staffing, you may need to engage a contractor, but before you do, it’s important to understand how to hire a 1099 contractor. Be sure you know all of the legal elements of the hire before you proceed. For many decades, employers chose to classify their workforce as employees to manage customer expectations, workflow, productivity, and staffing levels. The rise of the gig economy has highlighted the differences between contractors and employees and increased the number of people who are working as independent contractors. The IRS and the State of Maryland both lay out the rules for hiring a 1099 contractor, along with how they are to be paid. Definition of an Independent Contractor An independent contractor is a free agent that cannot be controlled by an employer as if they were an employee. In contrast, an employer can control an employee in…

Proposed Changes to Maryland Eviction Rules

HouseAs the Covid-19 pandemic continues, changes to Maryland eviction rules have been proposed. Citing the worsening housing situation due to the virus, state lawmakers and rental housing advocates recently unveiled the “2021 Housing Justice Package.” The package includes several proposed bills that would significantly overhaul Maryland’s eviction rules. While these changes are intended to help tenants at risk of eviction stay in their homes, they have the potential to seriously negatively impact landlords who depend on the rental income to stay financially afloat and pay their mortgages. The housing package is set to be debated during the current Maryland legislative session that ends on April 12. It also includes proposed emergency renter and homeowner protections. Should the bills pass, landlords who may be confused about their rights under the new rules would be wise to get legal guidance. One of the bills in the proposed package seeks to extend Governor…

Most Common Types of Business Contracts

Two people working on a business contractThe types of business contracts you’ll need depend on your business’s nature, size, and complexity. Contracts are a way to protect your interests. They also clarify what each party is obligated to do and their rights. You may not think a contract is needed until a business relationship goes sour and you’re left holding the bag. Rather than find yourself in this spot, consider using a business attorney to draft your contracts to ensure they fully protect your interests. What Makes the Types of Business Contracts You Should Be Using Enforceable? A contract is a legally binding agreement or promise between parties. Contracts can be powerful tools for your business. The attorneys at Lusk Law, LLC, can put together the recipe for your legally binding business contract. Basic elements of a contract include: Competent Parties:  Minors and those who lack mental capacity can’t be parties to an enforceable contract. Offer:…

What Should Be Included in a Severance Package?

Two people working on a contractWhat should be included in a severance package depends on the person leaving the company and what the employer wants to accomplish. Severance packages and agreements are good ideas for employers ending a relationship with an employee. They provide some certainty for an employer because the employee will be obligated to do and not do certain things. But how much control an employer can expect in exchange for extra benefits or cash is limited. No matter why someone is leaving your company, a severance package and agreement can give you some extra assurance (though no guarantee) that the person won’t give you a nasty legal surprise in the months ahead. Lusk Law, LLC, can help you handle severance issues and protect your business. What Does a Severance Package Usually Include? Ideally, the severance package and agreement will be customized to the individual and the situation. It may be a lay-off…

Step-by-Step Guide to Business Formation

Typing at a computerYou have a spectacular idea for a business, but for it to be successful, you want to set everything up correctly right from the start. Before you plunge into running the operations, it makes sense to get assistance of an experienced business attorney, who can make sure everything is done according to the law and prevent you from making costly mistakes. Maryland business law attorney Rebekah Lusk and her associates are experienced in all aspects of the challenges facing business owners. We can make sure you get things done properly at startup, and then continue providing support to help you deal with both routine ongoing legal matters and problems that may unexpectedly arise. Contact the attorneys at Lusk Law, LLC to gain a long-term ally for your business. Call (443) 535-9715 today. Your Step-by-Step Guide to Business Formation Starting a business in Maryland can feel overwhelming, but our lawyers can…

How to Resolve a Lease Dispute

Maryland Landlord AttorneyWhether you are a landlord or a tenant, a lease dispute can be stressful, disruptive and a source of unnecessary expense and hassle. Fortunately, for those faced with determining how to resolve a lease dispute, you don’t have to deal with it alone. Maryland landlord-tenant law attorney Rebekah Lusk, who leads the Landlord/Tenant practice at Lusk Law, LLC, understands what you are going through and is available to help with issues involving a breach of lease. Lusk Law also manages a wide variety of other landlord/tenant cases, including failure to pay rent, wrongful detainer, tenant holding over, and violations of the Consumer Protection Act. Rebekah is also a landlord, so she knows from firsthand experience how to find solutions for both commercial and residential legal disputes. Call Lusk Law, LLC today at (443) 535-9715 to schedule an appointment to learn more about how we can help you resolve your lease…

Understanding the Maryland Healthy Working Families Act

Understanding the Maryland Healthy Working Families ActThe Maryland Healthy Working Families Act Provides Benefits When You or Family Members Get Sick On Jan. 12, 2018, Maryland became the ninth state to adopt a mandatory sick leave statute, when the Maryland General Assembly overrode Governor Larry Hogan’s veto of legislation requiring Maryland employers to provide sick and safe leave to their employees. Known as the Maryland Healthy Working Families Act, this law provides employees with up to 40 hours of sick and safe leave each year and went into effect on Feb. 11, 2018. Who is Affected? The Maryland Healthy Working Families Act applies to all employers, including state and local governments, in the state of Maryland. However, the law distinguishes between large and small employers. For employers with 14 or fewer employees, leave may be provided on an unpaid basis. For employers with 15 or more employees, sick and safe leave is paid at the employee’s…

How to Classify an Independent Contractor vs. an Employee

Supervisor smiling | Employee vs. Independent ContractorWhen your business grows to the point where you need to have people doing work for you, you are faced with making an important decision.  Are these workers employees or are they independent contractors? How these workers are classified makes a big difference. Business owners have responsibilities under federal and state taxation laws that differ for employees and independent contractors. Workers who are classified as employees have certain rights and protections that independent contractors do not: Protection from discrimination Coverage under workers’ compensation unemployment insurance Coverage under minimum wage and overtime laws. While many business owners prefer to pay workers as independent contractors to avoid dealing with the responsibilities and costs of having employees, business owners must be aware that the penalties for misclassification are severe. Even if this error has been made innocently, if it is determined that a worker should be classified as an employee and not an…

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