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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…

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…

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…

PAYCHECK PROTECTION PROGRAM

A person looking at bills | Lusk LawPlease find this memo to be a summary of information that covers the new Paycheck Protection Program (PPP) that is part of the CARES ACT. This memo is by no means a complete analysis of the program, and should not be taken as direct legal advice. Please contact Lusk Law, LLC for any specific legal questions questions regarding Paycheck Protection Program. This program provides a unique opportunity for self-employed individuals, sole proprietorships, and independent contractors who may not receive a paycheck, as the program permits you to include net earnings from self-employment as calculation towards payroll. This program will offer self-employed individuals protection during these challenging times. WHO MAY BORROW: Small businesses with 500 or fewer employees (including nonprofits, veterans organizations, tribal concerns, self-employed individuals, sole proprietorships, and independent contractors) are eligible. Businesses with more than 500 employees are eligible in certain industries. If you are unsure of your business…

FAMILIES FIRST CORONAVIRUS RESPONSE ACT MEMO

American Flag | Lusk LawPlease find this memo to be a compressive list of information that covers the new Families First Coronavirus Act. This memo is by no means a complete analysis of the law, and should not be taken as direct legal advice. Please contact Lusk Law, LLC for any specific legal questions regarding Families First Coronavirus Response Act.   When:             Passed on March 18, 2020 but takes effect on April 1, 2020 until December 31, 2020 Who:               Employers with less than 500 employees What:              After April 1, 2020   Paid sick leave: up to two weeks or 10 days (80-hour cap) for full-time employees: The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (must be paid at the employee’s required compensation) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (must be paid…

Tips for Creating a Business Succession Plan

You’ve put countless hours of hard work into building your successful business, but have you put any time into considering who will run your business once you retire? If you’re like the majority of small business owners, you probably don’t have a succession plan in place, which can be detrimental in the future to the business you’ve worked so hard to build. By following some tips for creating a business succession plan, you can help ensure your company stays prosperous after you are no longer running it. Seven Tips for Creating a Business Succession Plan Many people put off creating business succession plans because retirement seems so far away and running the business consumes all of their time. However, while retirement might be years or even decades away, depending on your age and circumstances, you can’t be sure what the future holds. Should you become seriously ill or suffer a…

Can You Sue For Failure to Disclose Property Defects?

Maryland law requires sellers to disclose certain known defects to buyers. If these defects aren’t disclosed, buyers can file a claim to receive compensation for the costs they face from undisclosed defects. However, to truly understand this issue, you must first understand the two different paths a seller can take: disclosure and disclaimer. Failure to disclose defects isn’t just a bad practice, it is also against Maryland law. The property’s owner should be forthcoming about defects that they are aware of. The agent or party selling the property should communicate those defects to buyers. If a buyer discovers defects after a purchase, they might be forced to spend money on repairs. Buyers then have the right to hold the party who failed to disclose property defects accountable for those costs. Obviously, if a seller doesn’t know about a defect, they can’t disclose it. In the case that a seller isn’t…

What Business Contracts Should (and Shouldn’t) Accomplish

Maryland Business Contract LawyerNo one starts a business because they love paperwork. For most business owners, worrying about things like contracts is simply part of doing business, and it can seem tedious or even boring. For most of us, the contracts we have with employees, clients, contractors and landlords are something we hope to just set and forget. We notice these contracts only if they end up causing us problems. However, a well-drafted contract can save you an unimaginable amount of work and stress, just like a poorly drafted contract can spell doom for a business. Not every contract you sign will be drafted by you or your attorney. Over the course of running a business, many entrepreneurs will be asked to sign things that are given to them by other businesses - and, by the way, you should be asking your attorney to review any contract given to you by someone else…

What is the MD Consumer Protection Act – And How Does it Affect You?

If you live in Maryland and have been the victim of an unscrupulous landlord, service provider, or seller of consumer goods, you have a powerful tool to help you fight back and win restitution: The Maryland Consumer Protection Act (CPA). Created in 1973 to protect citizens against unfair and deceptive business practices and “restore an undermined public confidence in merchants,” the legislation is designed to “set minimum statewide standards for the protection of consumers” with the recognition that existing laws were “inadequate, poorly coordinated and not widely known or adequately enforced.” More specifically, the CPA strives to offer “strong protective and preventive steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland.” Realizing you’ve been duped or scammed is frustrating, embarrassing, and can cost you money that you can’t afford to lose. Call the skilled…

Minimum Standards of Care for Animals

Domestic animals are completely dependent on their human caretakers for food, shelter, medical care, and their overall health and happiness. If they are being abused or neglected, they can’t speak up, and they don’t have recourse to improve their quality of life. We understand that as the proprietor of an animal-based enterprise, you face the same challenges as any small business, and then some. Whether you’re a farmer, veterinarian, dog walker, trainer, groomer, or pet boarder, you have to juggle the needs of customers, employees, and the animals in your care — all while watching your bottom line. The well-being of your charges is paramount. In Maryland criminal code 10-604, the state defines the minimum standard of care that every animal is entitled to receive. Attorney Rebekah Lusk not only knows animal and equine law inside and out, she runs a horse farm and boarding facility herself, giving her valuable…