Closing Time Podcast

Startup Employment Law: Avoid Costly Mistakes Before They Happen

May 15, 2024
Fenwick employment lawyer Sheeva Ghassemi discusses worker classification, misclassification risks, remote team employment laws, non-compete agreements, and AI bias in hiring. Key topics include exempt vs. non-exempt classifications, PEOs, AORs, EORs, navigating state-specific laws, and the legal implications of AI algorithms in recruitment.
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ADVICE

Worker Misclassification Risks

  • Founders should understand the legal risks of worker misclassification.
  • Misclassification can lead to tax liabilities, benefit disputes, and lawsuits.
INSIGHT

Types of Misclassification

  • Worker misclassification has two main types: contractor vs. employee and hourly vs. salaried.
  • Founders often misunderstand these classifications as arbitrary choices, but specific laws govern them.
ADVICE

Employee Classification Advice

  • Classify health coaches, dieticians, and therapists as employees rather than contractors.
  • This provides better control and consistency in patient care.
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