If your Independent Contractor is injured, will you have to pay their Medical costs?

Elliott Stapleton Contracts, Government Compliance

There are advantages to using independent contractors rather than employees. With those advantages comes the risk of the Bureau of Workers’ Compensation (“BWC”) reclassifying an individual as an employee. If an injured worker is determined to be an employee, the business owner becomes responsible for providing workers’ compensation coverage.[1] Failure to provide workers’ compensation coverage for the employee will result …

Is Your Business Running an Illegal Lottery?

Elliott Stapleton Government Compliance

Many businesses run contests or sweepstakes as a way to promote the business and engage customers.  If done properly, these promotions can be a great way to generate sales. If a contest or sweepstakes is not run correctly, it could be considered a lottery.  Lotteries, unless state-run, are illegal in every state and could subject your business to civil and …

What is the Family Medical Leave Act?

Elliott Stapleton Employment Law, Government Compliance

The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and gives eligible employees the right to take unpaid leave, under certain circumstances, without retaliation from the employer.  Under the FMLA, eligible employers are required to give eligible employees up to 12 weeks of protected, unpaid leave for (1) the birth and care of eligible employee’s child or …

Protecting Customer and Employee Personal Information: Ohio’s Data Security Breach Notification Law

Elliott Stapleton Employment Law, Government Compliance

If your company collects the “personal information” of customers or employees on its computers and those people are residents of Ohio, it is vital that you establish a system to protect this information and respond accordingly in the event of a security breach.  Ohio Revised Code Section 1349.19 establishes notification requirements if the electronic security system protecting this information is …

Ohio Vendor’s License

Elliott Stapleton Government Compliance

An Ohio vendor’s license is required to pay sales tax on taxable transactions in the State of Ohio. There are different types of vendor licenses. The following is a summary each license: Regular vendor’s license The County Auditor issues these when vendors have a fixed place of business. When dealing with the sale of tangible personal property and certain services, …

The Top Five Blind Spots for Ohio Business Owners

Elliott Stapleton Government Compliance

Business owners must consider compliance at the federal, state, county, and local government levels.  A blind spot in the law, if missed, can be financially devastating.  Click here to schedule a free initial consultation for review your business. 1. Ohio Sales Tax Every company sells goods, services or a combination of both. Some of these sales are subject to sales …

Advertising Laws and FTC Enforcement

Elliott Stapleton Government Compliance

Consumers have protection against false or misleading descriptions of products or services. Goods and services cannot be sold if their sale will confuse consumers or unfairly damage another business. Advertising law is, to an extent, enforced by the Federal Trade Commission (FTC). Before using an advertisement consider if the information is truthful, if you have evidence to support your assertions, …

Required Employment and Labor Law Postings

Elliott Stapleton Employment Law, Government Compliance

Why are employee postings important? If you have employees, you must post certain posters at your office.  Failure to post the required material can result in citations and fines. We have all seen posters with disclaimers on the wall of an office. The purpose of these posters is to provide notice to employees about certain rights provided by state or federal law. What posters …

Tax Identification Number Registration – EIN

Elliott Stapleton Government Compliance

Every business with more than one owner or employees must have an Employer Identification Number (EIN). This number is used when opening bank accounts and for identifying the business on any tax filing. It is essentially a social security number for the business. Even if you are a single-member company with no employees, it is best to use an EIN …