Employees and Independent Contractors in Virginia

This part of business law is tremendously important.

Business owners often don't put much thought into the process of hiring workers.

That is a mistake that can end up costing a business owner his or her business.  

Two of the most important issues regarding employees and independent contractors are (1) worker classification and (2) the hiring process. Click on those issues on the side panel for more information.

However, there are other issues involving employees and independent contractors including who owns the intellectual property rights, how to fire an employee while reducing the possibility of a lawsuit, and the business' liability when your employee harms someone.

Here is a partial list of other employee-related issues that might arise in your business:

• What to include in the employee handbook to better protect the business.
• Reporting new hires to Virginia authorities.
• What needs to go into an employee file and how is a business required to handle medical records.
• How to address employee evaluations and discipline so that the business is protected.
• Which employees are exempt, and which are non-exempt, from minimum wage and overtime requirements. (hint: it does not depend on the employee's title)
• Which employees are exempt from overtime requirements only.

How exactly can I help you?
1. Ensure that job advertisements, applications, and interview questions comply with federal and Virginia law.  
2. Create offer letters.
3. Create non-compete, non-disclosure (confidentiality), work-product, and nonuse-of-proprietary-information agreements and contracts.  
4. Assist with employee classification, discipline, firing, and theft.
5. Analyze and respond to claims of employment discrimination and wrongful termination.  
6. Help create employee manuals and develop employee policies.
7. Identify and assist with ALL issue mentioned above.