Five Common Employment Law Hazards for Start-Ups

FH
Foley Hoag LLP

Contributor

Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
Emerging, venture capital-backed companies typically face a host of legal considerations but have limited personnel and monetary resources to address all of them comprehensively.
United States Employment and HR
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Contents

1. Exposure to Liability in the Hiring Process

2. Failure to Adequately Document Terms and Conditions of Employment

3. Misclassification Issues

  • Employee or Independent Contractor
  • Exempt or Non-exempt

4. Failure to Comply with Wage Payment Laws

5. Inadequate Protection of Intellectual Property

Excerpt:

Emerging, venture capital-backed companies typically face a host of legal considerations but have limited personnel and monetary resources to address all of them comprehensively. Often lacking in-house human resources and legal expertise, many emerging companies employ a "band-aid" approach to HR-related issues, addressing problems only as they arise. There are, however, a few common employment law issues to be aware of, and a bit of advance understanding and planning can do a great deal to minimize the downstream risks of expensive legal headaches.

Distilled here are five employment law hazard areas that managers at early-stage companies often encounter. These areas, I have found, are where employment-related disputes most consistently arise at venture-backed start-ups. (continues...)

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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