Business RadioX ®

Employer Privacy Laws and What You Need to Know in 2023

by

Employer Privacy Laws What You Need to Know in 2023
Advisory Insights Podcast
Employer Privacy Laws and What You Need to Know in 2023
Loading
/

Employer Privacy Laws and What You Need to Know in 2023

Employer Privacy Laws and What You Need to Know in 2023 (Advisory Insights Podcast, Episode 28)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed how new employer privacy laws in New York and California are restricting the use of artificial intelligence and personal data. Stuart advises companies who are using this technology to hire a law firm with experience in this area to help them navigate the new laws and trends.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello everyone, and welcome to Advisory Insights Podcast. Stuart Oberman here, your host. Well, I want to talk about as we go quickly in 2023, we’ve got two states that are really on the forefront of a lot of issues. And I want to talk about our topic for today, employer privacy laws, what you need to know in 2023.

Stuart Oberman: [00:00:45] So, there’s been a big, big push on two ends of the world, New York and California. And we’re seeing a lot of activity between those two states. But I want to cover just a couple of things as employers and as employees.

Stuart Oberman: [00:00:59] So, as an employer, you have to know what’s going on in those two states, because, I always say, what starts west goes east, what starts up north goes south. So, I want to take a look at, really, what things are going on in those two states. So, we’ve seen a lot of activity of new legislation being enacted, which extends to employers with applicants or workers who reside in New York City or California. So, those are wide ranging areas.

Stuart Oberman: [00:01:36] So, example, the new laws in New York and California regulate the use of artificial intelligence. It has gotten to that yet. For once I think the law has sort of caught up to technology. And, also, they restrict the personal data that goes into effect January 1, 2023.

Stuart Oberman: [00:02:00] So, what does that mean? Artificial intelligence, that means you’ve got to be extremely careful – in plain English – what data you synthesize into your usage, and that includes personal data too. So, example, I want to go a little bit deeper into New York. So, in New York, Local Law 144 – again, I don’t want to get too deep, but I just want to mention this – regulates how companies can use automated employment decision tools.

Stuart Oberman: [00:02:35] Welcome to software, welcome to artificial intelligence, which, essentially, regulates bias audits on the basis of the data that is accumulated by the employer. Folks, that’s deep stuff. That is deep stuff. So then, you got to figure out, one, what data do you receive. Two, what’s personal data, how do you get it. Three, what do you consider artificial intelligence.

Stuart Oberman: [00:03:06] Again, I think the law stepped a little bit ahead of technology without really defining what that is. Because artificial intelligence from the employment standpoint is extremely, extremely new, if you will.

Stuart Oberman: [00:03:20] So, I want to jump into the California legislation. Again, you know, California has some complex laws that are very, very restrictive to California. But what we see is, if you take a look at California and New York, a lot of the laws that are implemented have a piece of that pie from New York or California.

Stuart Oberman: [00:03:44] So, I want to take a look at California’s Consumer Privacy Act of 2018 as it was and has been amended by the California Property Privacy Rights Act, which expands the data privacy laws to cover employees and applicants, also independent contractors and operations between businesses. Folks, let me repeat that. It expands into data privacy laws that cover employees, job applicants, independent contractors, and operations between businesses.

Stuart Oberman: [00:04:32] Now, there are a million things to look at, but, again, I want to keep it very, very simple. So, what we have is we have companies that are using this particular industry knowledge. But each employer has to figure out best practices, especially if you are a national company and you have workers in California, you have workers in New York.

Stuart Oberman: [00:05:01] How do you use the company information where you have data maps to figure out information? Or how do you use it to figure out what’s used, what’s shared? How do you figure out how to handle requests from someone in-house or third party regarding your data that you’ve accumulated? What are your fulfillment obligations and requests as far as human resources go, as far as legal departments go? What are your policies and procedures on that? Do you understand how much data you accumulate? What do you do with it? How do you distribute it? Again, and a question I have, does anyone really know what a bias audit is? How do you define what a bias audit is, which is the basis for these regulatory matters?

Stuart Oberman: [00:05:56] So, here’s what I would do. If you have this technology and you’re utilizing this technology – now, I’m not talking about going on to Google and loading information. This is very specific information – I would strongly recommend, strongly recommend, that companies hire a law firm with explicit, explicit experience in this area. Work together, what tools you’re using, what tools are identified, what data you’re accumulating, what data you’re giving out, what laws are taking effect, how they affect data users to privacy, and what’s the trend, you’ve got to be ahead of the trend.

Stuart Oberman: [00:06:39] So, if something starts in California and New York, you’ve got to be ahead of that. You’ve got to look at what’s coming, because, again, what starts west goes east, what starts north goes south. So, again, look at what you’re collecting. Make decisions on your automated employment practices. Folks, this is an ongoing area. Again, I think the law is a little bit ahead of the data on how to utilize this. So, that’ll just give us one more topic to talk about as we move into 2023 and beyond, I will assure you.

Stuart Oberman: [00:07:16] Folks, thanks for joining us. Advisory Insights, Stuart Oberman here. If you have any questions, please feel free to give us a call, 770-886-2400, or email, stuart, S-T-U-A-R-T, @obermanlaw.com. Folks, have a fantastic day and thanks for joining us.

Outro: [00:07:37] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including healthcare, mergers and acquisitions, corporate transactions and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Marijuana and Psychedelics in Your Workplace

by

Marijuana and Psychedelics in Your Workplace
Advisory Insights Podcast
Marijuana and Psychedelics in Your Workplace
Loading
/

Marijuana and Psychedelics in Your Workplace

Marijuana and Psychedelics in Your Workplace (Advisory Insights Podcast, Episode 27)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed marijuana and psychedelics in your workplace. As an increasing number of states are legalizing marijuana and psychedelics, employers are left wondering what their stance on these substances should be. Stuart offers advice for employers who wish to develop policies which are permissible in this changing legal landscape.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:02] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello, everyone. Stuart Oberman here, Advisory Insights Podcast. I tell you, we’re off and running in 2023. It is a pleasure to be back. We look forward to a fantastic year. We’ve got some great, great podcasts coming up, so stay tuned, folks.

Stuart Oberman: [00:00:35] But I want to really talk about a topic that is at top of mind. It is a moving target. And I can’t make this up, folks. It’s here. Marijuana and psychedelics in your workplace. Welcome to 2023, folks.

Stuart Oberman: [00:00:52] So, what are we looking at? So, as the years have gone on, marijuana is growing an acceptance as therapeutic psychedelics are in the workplace – actually, not in the workplace, but in the employer off-duty, I will say. We’ll get to the employer workplace down the road. So, in 2022, we saw a lot of legalization. We got Maryland. We got Missouri. We got Rhode Island. All legalized use of marijuana.

Stuart Oberman: [00:01:25] So, it is not a question of if your state is going to be legalizing marijuana, folks, but it is when. And then, as I said earlier, the question is, what do you do as an employer? And we’re going to touch on a couple of things.

Stuart Oberman: [00:01:43] What you have to know is, again, I’m thinking back, you know, 20 years ago, we would have never had this conversation. But now recreational marijuana is now legal in 21 states plus District of Columbia. So, you got to look at, really, a twofold process here. One is legal and then the practical side.

Stuart Oberman: [00:02:07] So, you know, some states will prohibit employers from basing adverse employment action on employers or individuals lawful off-duty recreation of marijuana, unless the employee comes to work impaired. Now, what’s happening is that you’ve got employers who are doing pre-hire drug screens, random programs for marijuana, THC. And then, what’s happening is, we have a lot of employers that are not even testing for marijuana usage anymore.

Stuart Oberman: [00:02:47] So, one thing we’ve got to take a look at is that, one, are you going to be testing for marijuana? Two, are you going to be taking a blood or urine or are you going to take a hair follicle as a condition for employment? Then, what happens if you test an employee candidate positive, what do you do if that’s a state that legalizes marijuana?

Stuart Oberman: [00:03:15] I would suggest you have a really, really good firm policy. Because a lot of our employers are situated in different states, even though they may be based – I’ll use Delaware. You may have an employer that is in 97 states. There’s so many things you can take a look at, but you’ve got to take a look at, one, whether it’s legal, not legal. But don’t ever forget that under the Federal Law, marijuana is still a Schedule 1 drug considered under the Controlled Substance Act. So, you’ve got to take a look at there’s a massive dichotomy between State and Federal.

Stuart Oberman: [00:03:59] The point is that, also, certain psychedelics are making their way into the law. And I’m going to go after Colorado and Oregon. They are becoming very, very active in compounding magic mushrooms. Folks, I can’t make this up. I’m like at a Woodstock concert. I can’t make this up. So, now, you’ve got to take a look, not only marijuana do you have going crazy, but now you’ve got psychedelic mushrooms here.

Stuart Oberman: [00:04:35] Now, true, they are very minuscule in the grade. There are certain restrictions on the usage, the amount. But what’s happening is states are beginning to accept applications for licensure for facilities to administer its regulated psychedelic service programs as of January 2, 2023.

Stuart Oberman: [00:05:03] So, if we look at different history, we’ve got Colorado in November of 2022 really approving a message very similar to this. And then, we’re going to have in September, I believe September 30, 2024, the Colorado Department of Regulatory Agencies are going to have to adopt implementation rules for this. Folks, we’re talking mushrooms.

Stuart Oberman: [00:05:31] So, I’m going to encourage you that you’ve got to look at, again, I want to point out some cities that are critical. Ann Arbor, Michigan; Denver, Detroit, Oakland, San Francisco, Seattle, Washington, you know, they are all looking at legalizing psychedelic plants and fungi.

Stuart Oberman: [00:05:57] So, again, whatever your belief is, it is what it is. But with the usage of marijuana and even the thought about regulating and approving magic mushrooms, you’ve got to take a look at what your policies are as far as drug usage and drug testing. So, it becomes very, very complex and the laws are going to be enacted. You’ve got to understand that as employers, especially employers in those states where you have multi-jurisdictions, multi-states approving marijuana usage, recreational psychedelic drugs.

Stuart Oberman: [00:06:41] Folks, I’m telling you, it’s going to be a great 2023. Stay tuned. Stuart Oberman. Thank you so much for listening to Advisory Insights Podcast. If you need to get a hold of us, please feel free to call, 770-886-2400, or email me, stuart, S-T-U-A-R-T, @obermanlaw.com. Folks, have a fantastic day.

Outro: [00:07:06] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including healthcare, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

2023 Compliance Deadlines Every Employer Must Know

by

2023 Compliance Deadlines Every Employer Must Know
Advisory Insights Podcast
2023 Compliance Deadlines Every Employer Must Know
Loading
/

2023 Compliance Deadlines Every Employer Must Know

2023 Compliance Deadlines Every Employer Must Know (Advisory Insights Podcast, Episode 26)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed the compliance deadlines every employer must be aware of for 2023. Stuart discussed various deadlines and requirements on reportable workforce demographic data and furnishing 1095-C documents to employees. He also covered penalties for incorrect information and employer responsibility under the Affordable Care Act.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello, everyone. Stuart Oberman here, Advisory Insights Podcast. Welcome, welcome, welcome. 2023 off and running, folks. We’re going to have a great topic today. First and foremost, we want to make sure that we get your checklist up to date. So, topic for today, 2023 Compliance Deadlines Every Employer Must Know.

Stuart Oberman: [00:00:44] As we entered December 2022, it gets brutally hectic at the end the year. We all know that. But now, really, start the time to think about what are we doing in ’23? What do I need to talk to my advisors about? What do I need to talk to my CPA about? What do I need to talk about my office manager about? Well, we’re going to go through this list. And I’ll tell you, if we go off track on this list that you’re not in compliance with, you don’t want to get there already in 2023. Let’s get this straight. Let’s go through some dotted I’s here and make sure we got everything.

Stuart Oberman: [00:01:20] First and foremost, H.R. I know I talked about that a lot, a lot last year in 2022. Look, we’ve got benefits. We’ve got payrolls, hiring. We’ve got recruiting. And we’ve got so much more that we need to take a look at on a day-to-day business, but I want to make sure we’re keeping on track. Let me get through some basic, basic things you guys need to know. Let me run through these dates here. Talk with your CPAs again, talk with your advisors, your counselors. Make sure you’re on track.

Stuart Oberman: [00:01:48] First and foremost, as we know, W-2s have got to be out by January 31st. I hate to tell you this, but I’ve got employers that we work with who are sending out W-2s in September. That’s just not going to work, folks. And, also, a copy that W-2 has to go to Social Security Administration. That is basic stuff. But, yet, what happens is, if employees don’t get their W-2s, they’re disgruntled. And disgruntled employees even get more disgruntled. So, keep with this deadline.

Stuart Oberman: [00:02:18] The Affordable Care Act, ACA. Employers must furnish Form 1095-C to applicable employees by March 2, 2023. Question is, has your CPA told you that? Does Your CPA know the deadlines on that? Because also the filing deadlines for the Form 2094-C and 2095-C is February 28, 2023, or March 31, 2023 if you file electronically. I would encourage everyone to file electronically.

Stuart Oberman: [00:02:59] Here’s what sort of bugs me a little bit about the next form. There’s so much pressure on our employers for this. So, the EEO Reporting, certain employers must report demographic workforce data. Listen to this, data by race, ethnicity, sex, job categories. If you have those defined, great. If not, your question is what do you do? How do you file it? So, the annual collection of that data is scheduled to open on April 2023 per the EEOC. Now, I need everyone to make sure they understand that.

Stuart Oberman: [00:03:47] Next information, employee verification. Please make sure that your employees provide you with the correct address, correct address. Incorrect information will delay W-2s, and you will have to pay the penalties for that. And, again, your employees will not be happy. I want you to double check your W-2s.

Stuart Oberman: [00:04:15] Here’s what I want to make sure of. One, you’ve got all the Social Security numbers that are correct. Two, your EIN numbers correct. EIN number, Federal Employer Number. So, the IRS, believe it or not, charges you $50 for each return that is mailed out incorrectly. Why would you want to pay the IRS additional amounts than you already owe? Included in the W2s – again, I don’t want to get too far into tax in those kind of things, but I do want to just make sure you know the deadlines – taxable cash. Cash. Yes, folks, cash. You have to declare that. Your employees have to declare that.

Stuart Oberman: [00:04:56] Non-cash benefits include a company car. I can’t even begin to tell you how our employers don’t understand how to calculate a car usage on a W-2. Please, that is an audit waiting to happen.

Stuart Oberman: [00:05:15] Now, we want to take a look at the CARES Act, Employee Retention Credit. I will tell you, I get so many emails regarding this particular matter. I would urge you to be very, very careful what you answer, who you let take care of this. I would send this straight to your CPA. Let them handle it. I would not get entrenched in any third party solicitation and vendors. Go straight to your CPA. Double check with your attorney. Make sure that anything you do on an outside vendor is valid.

Stuart Oberman: [00:05:48] So, we have to understand that the three year lookback period on these wages after March 12, 2023 to determine eligibility. That’s as far as I’m going to get deep into that, because that’s a road we just don’t want to travel on this quick podcast. But, again, I would urge you, urge you to take a look at what forms are available from your CPA.

Stuart Oberman: [00:06:11] Again, the Affordable CARES Act requirements. There has to be distributed to the employees according to your 1095 forms. Again, especially with independent contractor payments – here we go – anything regarding independent contractors that is paid more than $600 must be reported. Folks, $600. That is nothing. You’ve got to do it. Your CPAs have got to do it. Again, that’s an audit waiting to happen.

Stuart Oberman: [00:06:48] I also want to take a look at one thing we got to be careful of, which is the ACA, Affordable CARES Act. So, I want you to talk to your financial advisors about this. Take a look at the employer shared responsibility, the ESR. Do you fall under the requirements? Do you average 50 employees under the IRS 2022 Employer Health Plan Affordability Threshold Challenge? Do you know what that means? Again, take a look at getting that information to your CPA.

Stuart Oberman: [00:07:28] You know, folks, look, that is some basic, basic information that I really want you to take a look at. But what I really want you to look at is a growing trend. And we’ve talked about this before on our podcasts, and we’re going to talk about it forever because this is not going away, folks. I mean, this is just not going to go away.

Stuart Oberman: [00:07:48] I want to make sure that in 2023, you put down on your calendar employee training. You think, “Well, my employees are trained enough. We have monthly meetings. We go to lunch once a week.” No, no, no. We’re not going to go there. I want to make sure your managers and employees understand sexual harassment prevention. I want to make sure your employees and your managers understand hiring practices. Questions, what to ask, what not to ask. Workplace safety, do they understand? Are you training your people effective? Is your management effective?

Stuart Oberman: [00:08:32] So, the deadlines are the deadlines. But I’ll tell you, if you go astray on any of these training items for your managers or employees – the old days back in the ’60s and ’70s, those days are dead and gone. You can’t do those things anymore. So, again, sexual harassment, hiring practices, workplace safety, effective management control.

Stuart Oberman: [00:09:00] Folks, again, I want to keep you out of trouble. Short, sweet podcasts. I want you to look at those little things. That’s going to be it for today, folks. Again, short, sweet to the point, deadlines, what you do and what you have to look at.

Stuart Oberman: [00:09:14] Again, Advisory Insights Podcast. Stuart Oberman, your host here. If you need anything, let us know. Please feel free to give us a call, 770-886-2400, or email us, stuart@obermanlawfirm.com. Thank you very much. Let’s start 2023 off to a fantastic year. We look forward to speaking with you soon. Have a great day.

Outro: [00:09:40] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including healthcare, mergers and acquisitions, corporate transactions and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

 

HR Hot Buttons for 2023

by

HR Hot Buttons for 2023
Advisory Insights Podcast
HR Hot Buttons for 2023
Loading
/

HR Hot Buttons for 2023

HR Hot Buttons for 2023 (Advisory Insights Podcast, Episode 25)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed some of the key HR issues that businesses will need to be aware of in 2023. He covers topics such as layoffs, severance packages, onboarding, and employee policies, and stresses the importance of being prepared for these potential problems in order to avoid any legal or financial difficulties down the road.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello everyone, and welcome to Advisory Insights. Stuart Oberman here. All right, folks, we’re going to keep drilling it down. I want to cover today, HR Hot Topics for 2023. We’re going to talk about it. We’re going to talk about it. We’re going to talk about it, because I know what’s going to happen is it’s going to be 2025 and the people that listen to this podcast are not going to do what I tell them to do. And we’ll be saying the same thing for 2025. So, we’re going to keep drilling this down until our guys get it 100 percent.

Stuart Oberman: [00:00:51] All right. Look, I’ll take a look at Hot Buttons here. Number one, employee benefits. You’ve got to look at the packages. In today’s market, the packages are competitive. I want you to look at what your health benefits are. I want to look at whether or not you need to do a 25 percent gross up to cover salaries for budgetary purposes. What are your benefits? Where do you need to cut? By some accounts, we are either in a recession or going into a recession, but it’s still a tight labor market. Do we need to make adjustments, plus or minus, on these packages?

Stuart Oberman: [00:01:29] Employee handbooks review. I’m going to tell you right now, I want everyone to review their handbooks every year because your people change, your culture changes, your company values change, which I hope go up. And then, what are the needs of your business? You know, goodness gracious, the needs of 2019 in COVID were a lot different than they are today. So, take a look at where you’re at business-wise. Are you expanding globally? Are you expanding in states?

Stuart Oberman: [00:01:56] In our previous podcast, we talked about different localities. We talked about different laws that affect pay equity. Are you up to date on those things? Now, folks, this is either going to be into bonus season or first quarter next year is going to be bonus season, deferred profit sharing. You have to look at what your numbers are. Are you looking at plus bonuses, minus bonuses, no bonuses? Are you looking at retirement plans? You have to look at your bonuses and deferred comp for your profit sharing.

Stuart Oberman: [00:02:28] I would urge all of our listeners, take a look at what your CPA has told you through the year. As for deferred profit sharing, are you going to declare all your income in 2022? You’re going to roll it over to 2023? Of course, I didn’t say that. So, you’ll just have to have that between your conscience and your CPA. I’m not getting into that one.

Stuart Oberman: [00:02:51] So then, we want to take a look at, I want compensation structures, number four. It is an absolute turbulent market right now for pay structures. It is all over the map. You’ve got talent that’s facing layoffs, but yet you still got a tight labor market because a lot of our employers can’t find qualified people. You’ve got pay transparency laws to look at affecting the states. You’ve got internal equity and market positions that need to be analyzed on either a quarterly, at least every six months to make sure everything is understood, perceived – and I’m going to use the buzzword of today – equitable. If you can define equitable in less than 97 paragraphs, you’re doing better than I am.

Stuart Oberman: [00:03:41] Let’s take a look at number five. I want to take a look at merit salary reviews. Are you doing reviews? Or are you sort of chugging along and letting your staff and letting your team members sort of like, “Well, I got a 3 percent raise, but I have no idea where I’m at in the marketplace today.” Inflation is running rampant. By all accounts, we’re going to be somewhere between 7 and 9 percent for a while. Fluctuations, variables, we’ve got to look at that.

Stuart Oberman: [00:04:12] Six, I want to look at promotions. Do you have a promotion policy in place? Are you prepared to take your staff, your team, your leaders to the next level? Do you have a succession plan for the next year? Do you have a plan if your key employees leave? What happens if your key employees leave? Do you have nondisclosure agreements? Are you prepared? With promotions become more responsibilities, is that outlined? How are you going to outline that? Where are you at on that?

Stuart Oberman: [00:04:47] A similar thing, I want to take a look at performance development considerations. So, employees have got to be connected. And what’s the opportunity for them to connect? What are the conversations? If you are remote, where are the cooler chats? Where’s the fireside chats? Where are these current roles? How are you dealing with exchange and feedback? Critical, critical, critical. You know, are you cutting out platforms? Are you adding platforms? Do you need to expand platforms? How are you doing this?

Stuart Oberman: [00:05:23] Eight, employee feedback. Absolutely critical. How in the world do you know whether or not your employees are happy, whether or not they have problems, whether or not you’ve got management problems, whether your management is really too big, too fat? You’ve got to shed the meat a little bit, how do you know? What’s the feedback? Do you have one-on-one conversations? When’s the last time you took your employees out to lunch or employee out to lunch to figure things out? Again, where are we at in today’s world inside the organization? What’s going on? How do you keep touch? What’s the pulse? Or is that pulse dead? Or is the business bleeding and they don’t even know it?

Stuart Oberman: [00:06:11] Last but not least, I want to take a look at workforce planning. I know these HR matters are a little bit on the structure side, not necessarily drilling down on the legal side, but it is all circular and tied together.

Stuart Oberman: [00:06:26] So, workforce planning, now is the time you should be budgeting. What are your estimated headcounts? Are you going to lay off? How do you lay off? Are you laying off properly? Are you giving them severance packages? Is your employee manual dictating how you sever employees? Are you adding employees? What is your onboarding process? Do you even have an onboarding process? Are all your employees signing non-disclosures, social media, cell phone policies? What new products are you going to invest in? Is that technology protected?

Stuart Oberman: [00:07:04] In our podcasts, [inaudible] podcasts or we may even jump ahead on this one, but our global, we’re thinking of global technology, is that being protected? Vacancies. Again, manpower. These are things you got to look at.

Stuart Oberman: [00:07:21] I know we jumped into the procedural matters a little bit more than we usually do in our conversations. But I’m telling you, folks, the title HR Hot Buttons for 2023, these are landmines waiting to happen unless you drill down on these and get specific.

Stuart Oberman: [00:07:39] Folks, that’s going to wrap it up for today. Again, Stuart Oberman. Thank you so much for listening. If you have any questions, please feel free to give us a call, 770-886-2400, or send me an email, stuart, S-T-U-A-R-T, @obermanlaw.com. Folks, thanks for listening and we hope you have a fantastic day. Take care.

Outro: [00:08:03] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Employee Pay Inequity: The New Frontier

by

Employee Pay Inequity The New Frontier
Advisory Insights Podcast
Employee Pay Inequity: The New Frontier
Loading
/

Employee Pay Inequity The New Frontier

Employee Pay Inequity:  The New Frontier (Advisory Insights Podcast, Episode 24)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed laws regarding employer disclosure of pay ranges and how they differ in various states and municipalities. He also offered advice to employers on how to avoid potential problems with these laws.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:02] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello everyone, and welcome to Advisory Insights. Stuart Oberman here, your host. All right, folks, we’re going to drill it down right now. Some ongoing legislation, big items going on, employee pay inequity. The new frontier.

Stuart Oberman: [00:00:38] So, a new front has emerged in state and local governments, and the federal government to a certain extent, regarding their attempts to qualify inequity in compensation. So, what’s happening is, is pay disclosure laws are taking several forms now. Some require employers to provide the minimum and even maximum pay or pay range for a given job application upon request. So, other states are now mandating the practice without even requirements that candidates ask first.

Stuart Oberman: [00:01:19] So, I want to take a look at a couple of states that they always seem to be out and frontal things that really affect employee compensation. So, I want to go through a couple of states, and this will give you an idea of where things are going with this.

Stuart Oberman: [00:01:36] First off, let’s take a look at California, all over the map, all over the map. They’ve got a new effective law coming in January 1, 2023 regarding all employers with 15 or more employees. So, if you don’t know what that is, I would strongly suggest that you pull that particular legislation. So, what we’re looking at, really across the board, is a lot of the same scenarios are going on across the states and states are picking up and copying what other states are doing.

Stuart Oberman: [00:02:10] Again, Colorado in January 1, 2021 enacted a new law affecting all employees. Again, in Colorado, do you know what that is? Connecticut, October 1, 2021 enacted legislation affected all employees. Maryland going back to October 1, 2020, again, legislation affecting all employees. Nevada, trailing a little bit as far as time goes, October 1, 2021 affected all employees.

Stuart Oberman: [00:02:45] Jersey – now get this one, Jersey. So, you got to love New Jersey. I mean, you’ve got to love those guys, right? – so April 13, 2022 – get a load of this – Jersey City, they got now laws that all employees in the city with five or more employees. Again, Jersey City, new law, April 13, 2022, all employers in the city with five or more employees. You got to know it.

Stuart Oberman: [00:03:14] I’m going to New York. New York is fantastic. You have to love New York City. The heartbeat of America. All employers in a city with four or more employees. New York City, November 1, 2022. Oh, now we’ve got a new law in Ithaca. I can’t make this up. September 1, 2022, Ithaca, all employers in the city with four or more employees. Or Chester County, New York – you got to love those guys – November 6, 2022. Again, you’ve got different cities enacting different laws as far as employees go.

Stuart Oberman: [00:03:49] So, in Westchester County, all employers in the county with four or more employees. Great. So, now your company, you work in three different cities in New York and you got a problem. Let’s look at our friends out in the Midwest. Ohio, I love Ohio. Cincinnati got their own set of laws. All employers located within the city with 15 or more employees, including referral and employment agencies.

Stuart Oberman: [00:04:20] So, now, we jump right on up to Toledo. Again, one state. We’ve got different laws. June 25, 2020, all employers located within the city with 15 or more employees, including referral and employment agencies. You have to love the Midwest. Again, folks, I know I’m sort of picking on those guys. But, again, let’s look at Rhode Island, January 1, 2023 enacted a law, all employers. Washington, Northwest – here we go – all employers in the state with 15 or more employees.

Stuart Oberman: [00:04:57] Why am I reviewing this? Why am I reviewing this? In today’s world, where you have remote employees everywhere, some of our clients have employees in 15 or 30 states, some employers probably have employees in every state. If you’re an employer, you have got to know where your people are at, what the law is, what the state, what the county law is, and what the municipality laws are.

Stuart Oberman: [00:05:29] Because otherwise you’re going to run into different problems, different payrolls. You’re going to have to revise. If you’re a city like New York and you’re a city like Ohio, and you have three or four different employer issues, you’ve got to understand where these things are going.

Stuart Oberman: [00:05:46] So, a couple of things to look at. So, what are we going to look at as far as requirements go? Look at what the disclosure requirements are. Look at disclosure pay or pay ranges upon request or certain conditions that employers and employees are referred to. Look at the disclosure pay ranges. Look at the disclosure upon all job listings. Are you required to list the pay now for job descriptions on a locality level, statewide level? Again, folks, you got to understand this.

Stuart Oberman: [00:06:26] Again, this is for our employers on a national basis. So, just be aware. These are all hot buttons. Pay inequity, literally, it’s a smoldering fire waiting to explode. And I think we’re probably not too far from that area.

Stuart Oberman: [00:06:43] Folks, I appreciate your time listening to me today. Again, what do we need to do as far as localities go? Let’s look at that. If you have any questions, please feel free to give me call, Stuart Oberman, 770-886-2400 or stuart, S-T-U-A-R-T, @obermanlaw.com. Folks, thanks for listening. Join our additional podcasts to follow. Have a fantastic day.

Outro: [00:07:11] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Employee Handbook Sections to Overhaul in 2023

by

Employees Handbook
Advisory Insights Podcast
Employee Handbook Sections to Overhaul in 2023
Loading
/

Employees Handbook

Employee Handbook Sections to Overhaul in 2023 (Advisory Insights Podcast, Episode 23)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed which sections in your employee handbook to overhaul in 2023. He stressed addressing changing technology, making changes to account for alternate work arrangements, modifying sick leave policies, and more.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Hello everyone, and welcome to Advisory Insights. Stuart Oberman here as your host. All right, folks, it’s 2023. HR is in the house. Now is the time. I want to go over a couple of things. Today’s topic, Employee Handbook Sections to Overhaul in 2023.

Stuart Oberman: [00:00:40] We have some clients that have not overhauled their employee manuals for ten years. Now, it’s time to rethink the entire process, especially in today’s world, in today’s economy. Look, what’s happening is we have the workers of today. The new workers are clashing with the old employer policies and procedures. And what’s happening is that the employers are losing.

Stuart Oberman: [00:01:05] So, I want to run through a couple of things that seem to be sticking out as sort of a poke in the ribs, if you will, as to where things are going and what needs to be looked at and changed.

Stuart Oberman: [00:01:17] Number one, I know a lot of our clients have very, very strict appearance rules. So, if you have a particular rule or policy that you are wanting to enforce, folks, you’ve got to get it in writing. And another thing you got to take a look at in today’s world is the new reality as far as appearance goes.

Stuart Oberman: [00:01:43] One particular thing I want to bring up is you have to look at legislation and where things are at today. So, let me give you an example.

Stuart Oberman: [00:01:50] The Crown Act, for example, bans race-based hair discrimination in the workplace. So, the CROWN Act or similar legislation has been enacted – get this – 19 states. And a bill is currently pending before Congress. Who knows what will happen as far as Federal legislation goes? And it’s set at the Senate level to regulate hair and appearance. So, you better jump on the bandwagon now. Adjust things that you need to adjust knowing what we know as far as hair discrimination. The next thing you know, we’re going to work on tattoos and everything else.

Stuart Oberman: [00:02:31] So, look, at the end of the day, what people do with their bodies is up to them. If you’re going to have a policy and procedure, be ready for some pushback on it, be ready to explain why you need it, and be ready to review federal and state law as it comes down the pike.

Stuart Oberman: [00:02:47] Let’s take a look at number two, the work arrangements. Folks, we’re in a different world. We’re in a hybrid workplace. Our communications have changed. Our performance has changed. Everything about what we do on the work side has changed. So, what does that mean? That means your HR teams have to provide opportunity, tools, guidelines, and make it easier. Do you have a remote policy? Do you have a nondisclosure policy? Are your employees working with sensitive data along with the same computer that they’re using for their kid’s recreation facility and baseball teams? So, you’ve got to look at all these things.

Stuart Oberman: [00:03:28] Now, another area – huge – technology. So, policies have to outline technology and how a company’s handbook should be remote workplace. Does your technology require multifactor authentication for employees to use their own devices? Your data, your confidential data that could literally sink you as a company is now on your employees cellphones. What do you do if the cellphone is lost? What do you do if the cellphone is hacked? What do you do if data is lost? What is the policy and procedure for that? Does your company provide the cellphones? Does your employer or employee have an automatic shutdown and wipe out on their cellphones if you lose it?

Stuart Oberman: [00:04:25] So, I think you’ve got to address safety and technology concerns along with security now as the technology grows and as the workplace becomes blended between work, play, and family.

Stuart Oberman: [00:04:41] One of the things we’re looking at now is sick leave. And there’s a lot of discussion regarding this. States now are mandating certain leave policies. Certain companies are now being subject to jurisdictional issues that they never thought they would be before. The localities are now handling sick leaves. So, you really have got to take a look at where your states are, what’s on a local basis, what’s the trends.

Stuart Oberman: [00:05:11] You know, if you’re in Georgia or if you’re in North Carolina or if you’re in Massachusetts, what’s coming down the pike as far as from Cleveland, Ohio, or from California, or from Texas, where are these things coming from? Because everything trends and you’ve got to know the trends.

Stuart Oberman: [00:05:31] Next one – I’ve talked about this over and over and over again – marijuana use and testing. So, the law hasn’t changed. Marijuana is still illegal on the federal law. But what’s happening is, is that the states are adding protection for workers use of marijuana. Folks, I can’t make this up.

Stuart Oberman: [00:05:53] So, example in California, for instance, employers cannot discriminate against employees for legal marijuana use outside of work. Now, what do you do if on the way to work, an employee is toking on the way to work and they’re not a health safety welfare hazard to other employees? How do you address that? You know, they’re inebriated, but they’re in no danger to other employees.

Stuart Oberman: [00:06:25] So, you’ve got to understand what the trends are. So, you’ve got to get out in front of this. You’ve got to have descriptions as to what’s acceptable, what’s not acceptable. You’ve got to have safety concerns. The use of marijuana is not a carte blanche on the workplace. There are restrictions. There are protocols that employers can follow. And we have to get ahead of this, because I always say what happens in the West comes East. It’s just a matter of what direction it comes.

Stuart Oberman: [00:06:59] So, again, these are a couple of things that we want to take a look at. We’ve got communication issues. We’ve got technology issues. We’ve got employee handbook issues. We have appearance issues, work arrangements. We have remote responsibilities now that employers have to really be aware of. So, I don’t think any of this is earth shattering. There’s been a lot of commentary on these issues.

Stuart Oberman: [00:07:25] But, again, we keep seeing the same problems over and over and over, which is in summary, (1) employers are not addressing appearance; (2) employers are not revising the work arrangement, policies, procedures; (3) employers are not getting ahead of technology; (4) employers are not modifying their sick leave; and (5) marijuana usage, employers are not adjusting what they need to do.

Stuart Oberman: [00:08:00] Folks, there’s a lot of things that really, really we need to look out for 2023. We’re going to have some more discussion on this. If you have any questions, please let me know, Stuart Oberman, Oberman Law Firm, stuart, S-T-U-A-R-T, @obermanlaw.com, phone number 404-630 – excuse me – 770-886-2400. Again, 770-886-2400. Please stay tuned for other issues of Advisory Insights. Have a fantastic day.

Outro: [00:08:36] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Considerations When Expanding Globally

by

Considerations When Expanding Globally
Advisory Insights Podcast
Considerations When Expanding Globally
Loading
/

Considerations When Expanding Globally

Considerations When Expanding Globally (Advisory Insights Podcast, Episode 22)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed some of the challenges businesses face when expanding globally, including compliance with various laws and regulations. He stressed the importance of getting expert legal counsel to advise on these matters.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now here’s your host.

Stuart Oberman: [00:00:20] Welcome everyone to Advisory Insights. Stuart Oberman here as your host. I want to talk a little bit about going global. So, as a law firm, we are very, very fortunate. We have clients that are growing globally. We have clients that are coming across border into the United States. And it’s got its own twists and turns. So, I want to drill down a little bit on considerations when expanding globally.

Stuart Oberman: [00:00:53] So, look, as we enter 2023, as we go into it, companies are anticipating and increasing international business activity. That’s just the way it is, whether it’s products, whether it’s services. Everything now, it seems, is going cross-border, whether it’s across the pond to Europe or to our friends up north to Canada. So, a lot of our clients think that going globally is necessary in order to maintain long term growth.

Stuart Oberman: [00:01:25] And a lot of those markets are Western Europe and China. But I will tell you, the emerging markets are Mexico, Brazil, and India. So, I think that you’ve got to take a look at some of those opportunities. Now, I will tell you, once you get into those countries and once those countries come into us, on the expansion side, you’ve got mandated compliance that is very different.

Stuart Oberman: [00:01:58] But I want to talk about our clients going globally. So, you’ve got absolute mandated regulatory compliance that is required. For every different country, you’re going to have a different regulation. You look at Canada, you’ve got providences. A lot of providences are absolutely separate. They’ve got their own rules, regulations, they’ve got their own regulatory boards. So, you’ve got to know this.

Stuart Oberman: [00:02:23] So, I want to take a look at a couple of considerations going global expansion, corporate governance. One is that, in a lot of jurisdictions, you have to have a physical presence. You have to have a registered agent. You have to have, in some cases, actual subsidiaries. And in some jurisdictions, you have to look at the regulatory compliance and tax considerations.

Stuart Oberman: [00:02:52] So, if you have an expansion that requires in a foreign jurisdiction forming a subsidiary, you’ve got to look in multiple corporate structures for that. Are they going to have shareholders? Are they going to have members? Are they going to comply with certain regulatory matters as far as registration goes? How’s the names?

Stuart Oberman: [00:03:19] Another area you have to look at is regulatory compliance. Folks, you know, some jurisdictions absolutely require import and export licenses. Do you know what that is? And that includes technology and products. So, are you exporting your technology into another country? What’s the compliance? Are you importing into another country products? What is the taxes? What are the tax stamps? So, depending on your service, your product, your facility, you’re going to have regulatory compliance issues and they are very, very complex.

Stuart Oberman: [00:04:03] Now, of course, we all know there’s tax considerations. So, some laws, depending on jurisdiction, are very, very strict, some are very high, some are very favorable tax structures. You have to know what your tax structure is, what your tax liability is before you start getting into the export of services and products. You have to retain counsel. You have to retain a CPA, if you will, that is well-versed on those particular regulations. What are the direct taxation rules? What are the antideferral rules? If you don’t know what antideferral rules are, you have to take a step back and understand that.

Stuart Oberman: [00:04:56] Now, I want to take a look at employment, area number four. In a foreign country, there are some cases where you have to enter into and adhere to strict collective bargaining requirements. Some require work permits for non-local nationals. What are your requirements if you have members of the company that are from the states, if you will, going into China, into Western Europe, into Mexico, Brazil, India? What are the local national requirements? You have to understand what the benefits are if you are hiring personnel from that particular country. What are the mandated benefits? Folks, there’s mandated benefits that are different in Canada, in Europe, Asia, South America.

Stuart Oberman: [00:05:49] Now, one of the biggest concerns that you should always have in any kind of expansion globally is trade secrets, privacy and non-compete agreements. What are you going to do if, all of a sudden, your models, your technology, your outsourcing is being stripped of its privacy? And all of a sudden you’ve got duplicates flooding the market. What are you going to do? How are you going to deal with it? Are you going to lose money? Just think of the counterfeit luxury brands that come into the states. Well, what’s going to happen if you’re over there and your brand, your product is hijacked? And then, you’ve got duplicates. You’ve got counterfeit. What do you do?

Stuart Oberman: [00:06:45] I also want to look at a couple things regarding global equity. So, certain security laws in certain countries may have very strict corporate equity distribution models. Some are unique. Some involve fund remittance limits. Some involve reporting. Some involve repatriate of funds and requirements. Do you know what those requirements are? Do you know the structure for the corporate equity distributions? You have to understand the accounting mechanisms for that as far as the tax benefits and the replacement or awarding of equity to the employees.

Stuart Oberman: [00:07:25] Again, I want to drill down a little bit on data privacy, intellectual property technology, and information law. So, again, each country is going to have different privacy, data transfer, customer employee notification laws, data monitoring, payment obligations. What happens if they are found to be liable for your stripping of ideas, they’re counterfeiting?

Stuart Oberman: [00:07:52] So, not only do you have state and federal law, if you will, going into different global jurisdictions, but you’ve got local laws regarding the enforcement and validation of intellectual property assignments. How are you going to transfer various company policies, procedures, and assignments to different entities that you create in a different country? Do you have those particular trade secrets protections in order? Are you training your staff, your team members, your office, or your directors who are located in that country and are national to that particular jurisdiction and country? Have you trained them? Are you training them?

Stuart Oberman: [00:08:40] And then, from an accounting standpoint, what are the tax or replacement benefits for, again, awarding equity to employees? Is that confidential? What about relevant technology regarding newly formed subsidiaries? How are you training your people? What are the restrictions on third party technology due to territorial restrictions? Do you know what those are?

Stuart Oberman: [00:09:09] Folks, these are just a mirror of some things you can run into. You’ve got corporate governance, regulatory compliance, tax considerations, employment matters, global equity distributions, data privacy, intellectual property, technology, information law. Those are the things you have to have a really, really expert grasp on before you’re ready to expand.

Stuart Oberman: [00:09:35] Folks, again, I can’t stress enough if you’re going to expand globally, you have to understand those ramifications and you’ve got to get appropriate legal counsel to outline those things.

Stuart Oberman: [00:09:47] Folks, thanks again for joining us on Advisory Insights. Stuart Oberman here. If you have any questions, give us a call, 770-886-2400, or send me an email, stuart@obermanlaw.com. Thanks a lot. Have a fantastic day.

Outro: [00:10:07] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

2023 HIPAA Updates

by

2023 HIPAA Updates
Advisory Insights Podcast
2023 HIPAA Updates
Loading
/

2023 HIPAA Updates

2023 HIPAA Updates (Advisory Insights Podcast, Episode 21)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discussed HIPAA updates coming in 2023, avoiding HIPAA violations, and the increased penalties for violators. He explained that patients’ access to their health care records will be more direct and timelier. Practices should know, however, that there is a potential for increased exposure if records are not properly secured.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Welcome everyone. Stuart Oberman here, your host for Advisory Insights. All right. We know that 2023 is right around the corner. Folks, I’m going to tell you, for my health care clients – and we have, as a firm, a lot of health care clients – our clients are not prepared for the new HIPAA changes. I want to run through a couple of these. I could spend three days talking about this particular topic, but I just want to hit the highlights and give our clients a view as to what’s expected and potential exposure.

Stuart Oberman: [00:00:57] So, from our area, we see a lot of violations. I want to walk through some what we call reoccurring violations. In plain English, it happens way too much. Where are some exposure? One, lost or stolen cellphones or tablets provide an extensive amount of sensitive data in our health care practices. Our doctors, they get information on their cellphones, they get information on their tablets, they get information that is easily extracted. What are you doing to secure that data on your cellphone or your tablet?

Stuart Oberman: [00:01:43] Number two, our medical providers do not train their staff. I’m going to go out on a limb to say 80 to 90 percent of all of our health care offices across the board do not properly, thoroughly provide training to their employees.

Stuart Oberman: [00:02:06] Number three – a common violation that keeps reoccurring, reoccurring, reoccurring – data breaches. Now, what happens is, on those breaches, a lot of times doctors don’t know what to do as far as the violations go. Who do they report it to? Do they report it to the government, to the FTC? Do they have to do a credit reviewer check? Do they have to set up a 1-800 number? Do they have breached notification rules? No, they don’t.

Stuart Oberman: [00:02:39] So, I just ran through three very quick topics and violations that could literally, literally shut down a practice if an investigation occurs. Now, I want to take a look at some other things. I want to take a look at some key changes in 2023. Key changes, first, more direct and timely patient access to electronic health care records.

Stuart Oberman: [00:03:08] There has been a dramatic increase in the time that patients can obtain their data from providers. Do you even know what that time period is? If you do not know what that time period is and you do not know the violations, then I would urge you to either give us a call, take a look at our website, take a look at some of our articles, because that is a huge, huge issue.

Stuart Oberman: [00:03:39] Folks, I’ll guarantee you, you deny patient access to their medical records within a timely manner, you will be getting a very nice I love you letter from the government, which is about 17 pages, and they will crawl up every nook and cranny in your office.

Stuart Oberman: [00:04:01] Now, one thing we have to look at is what is the increase in penalties. Yes, they increased the penalties. Now, they look at what’s involved in guidance, technical assistance. They’re looking at correction action plans.

Stuart Oberman: [00:04:17] You know, what happens is that a lot of these aren’t intentional. Our doctors just rely on the wrong people year after year who have no idea what they’re doing. Unfortunately, they’re not properly trained, so you really can’t blame them. You know, whether it’s office managers, compliance officers – well, let me back up on that. Every medical office should have a compliance officer.

Stuart Oberman: [00:04:43] So, under the new 2023 HIPAA changes, there’s been an increase in penalties. Are you even aware that there’s now a Tier 1, a Tier 2, a Tier 3, and a Tier 4? So, what’s Tier one? Lack of knowledge, “I just didn’t know.” I’ll be honest, that is hard to sell. Reasonable cause and not willful intent, “Look, I knew that I probably needed to do it, but I didn’t mean not to do it.” Willful neglect, “Basically, I don’t really care. I’ve got 30 days to correct it.”

Stuart Oberman: [00:05:24] Now, you get into willful neglect and you not corrected within 30 days, folks, the fines and fees become astronomical once you get into those particular tiers. Again, do you even know the Tier 1, Tier 2, Tier 3, Tier 4 structure? And have you even told your staff of that?

Stuart Oberman: [00:05:46] So, let’s take a look at do’s and don’ts. How do you avoid HIPAA violations and penalties? Now, HIPAA is also criminal penalties. Yep, criminal penalties. Let’s look at what we need to do. Conduct regular audits, spot check potential violations. If you’re not auditing your files – and I’ve been saying this for years on the speaking circuit – at least 15 or 25 a month, which won’t take you long, you have some potential exposure that you don’t want to have, obviously.

Stuart Oberman: [00:06:32] Let’s look at do. Regular employee training. Folks, you cannot train your employees enough on HIPAA. So, I’m going to have an article coming out that I was quoted in and had the pleasure of being a part of the Academy of General Dentistry. And it’s going to be a topic regarding cybersecurity. And in preparing for that, I did an awful lot of research. And I will tell you, it is shocking as to how many breaches there are and how unprepared the doctor is, the team is, the compliance officer is.

Stuart Oberman: [00:07:17] Next, set clear policies and procedures to all employees. Do they know what that is? Do you have a checklist? Do you have an up to date checklist? Are you still using the one from 1996? It’s a different world. Establish in your office a privacy officer. And you’ve got to be careful with this. If you’re a small office, you’re appointing a compliance officer who’s going to answer on your behalf, and you’re going to expect them to cover you with HIPAA issues.

Stuart Oberman: [00:07:52] My suggestion, if you have a small office, you are the compliance officer. If you get bigger, you have a compliance officer, you got to train them. Now, they could be part of your HR – I don’t necessarily like that. I want separation there. But if you have to do it, you’ve got to be both trained.

Stuart Oberman: [00:08:19] Don’ts. Goodness gracious to don’ts. Do not ever disclose or share login credentials. That is an absolute recipe for disaster. Two do not – maybe one of the biggest things – do not leave portable devices or documents unattended anywhere in your office, in public. Look, again, our cellphones are now our offices – our tablets, our laptops. If you go on HHS website and you look at how many fines are due to lost tablets, lost hardware, it’s amazing. Never, ever, ever take flash drives out of your office. Do not do that.

Stuart Oberman: [00:09:11] Folks, I could talk about HIPAA for 20 days here, but I just want to go through, again, some things that we just talked about, HIPAA 2023 updates. Listen to this podcast. Understand where you’re weak at. Fill the gaps. If you’re strong in areas, build on it. If you’re weak, fill it out.

Stuart Oberman: [00:09:32] Folks, thank you as always for joining Advisor Insights. Stuart Oberman. If you have any questions, please give us a call at 770-886-2400, or email, stuart, S-T-U-A-R-T, @obermanlaw.com. Have a fantastic day. Thank you everyone.

Outro: [00:09:53] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Best Practices for Employee Offer Letters

by

Best Practices for Employee Offer Letters
Advisory Insights Podcast
Best Practices for Employee Offer Letters
Loading
/

Best Practices for Employee Offer Letters

Best Practices for Employee Offer Letters (Advisory Insights Podcast, Episode 20)

On this episode of Advisory Insights, Stuart Oberman of Oberman Law Firm discusses why offer letters for employees are so vital and best practices for offer letters. He emphasizes that offer letters can make or break a company, and advises employers to document salary, benefits, performance reviews, and special conditions in their offer letters.

Advisory Insights is presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®. The series can be found on all the major podcast apps. You can find the complete show archive here.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the studios of Business RadioX, it’s time for Advisory Insights. Brought to you by Oberman Law Firm, serving clients nationwide with tailored service and exceptional results. Now, here’s your host.

Stuart Oberman: [00:00:20] Welcome everyone to Advisory Insights, Stuart Oberman. Folks, we’re going to drill it down today. So, in the Great Resignation, in the Great Boomerang, in the great process of I’m going to hang around for the job for a while and see what it does, I’m gonna lay low, assuming that you had an interview that was squeaky clean – as we mentioned on some other podcasts – assume that you did everything correct, you loved your candidate, now you’re going to offer them the job. This is where it gets sort of tricky.

Stuart Oberman: [00:00:53] We’re going to take you through the topic for today, Best practices for employee offer letters. You’re probably thinking, “Well, I really don’t even offer my employees an offer letter.” That’s a big mistake. Every employee that you hire should have some type of offer letter. I don’t care what the industry you’re in, your employees need an offer letter.

Stuart Oberman: [00:01:19] Now, we’ve seen some disastrous offer letters. We’ve seen some good ones. I would walk through some basics. I mean, our offer letters that we offer our employees at the firm, obviously, are very long. Some may be very short. But I want to walk through some basics.

Stuart Oberman: [00:01:36] So, first and foremost, the key is that employee offer letters should never, ever, ever be considered an employee contract. If you have any doubt whether or not your offer letter is an employee contract, I would urge you to call your local council, whoever your general counsel is for the business. Ask them, “Does this have employment contract language in it? Am I going to get burned?” I want all language that creates an employment contract out. I want all that language out. At no time should your offer letters ever, ever, ever have language in there regarding employment contract.

Stuart Oberman: [00:02:23] Now, I want to walk through some basics. You know, for every job, there are so many variables for an employment contract. I get that, but I want an offer letter. What’s the guidelines? What are you doing upfront? What are the obligations of you? What are the obligations of your employee without even entering into an employment contract? There’s millions and millions of people that have jobs that don’t have contracts, but they should have offer letters which outlines certain things.

Stuart Oberman: [00:02:53] I want to know what your start date is, that should be in an offer letter. When you start, do you start two weeks? Is it tentative? Is it depending on whether or not your candidate has to get fired, laid off from the other job, or quit?

Stuart Oberman: [00:03:10] Contingencies – first and foremost, you’ve got to be careful with this one – are you requiring that employee to pass a drug test? Now, why do I say that? Because states are starting to limit drug tests.

Stuart Oberman: [00:03:24] Now, in our previous podcast, we talked about employees and employers that are dealing with the marijuana issue. That’s a huge topic right now. Are employers working around the marijuana issue? Some of them want to test for it, some of them want to go into panels. Drug tests, but you got to be careful. So, people in this podcast are listening not only in different countries but different parts of the region in the States, what does your local state say, what does the federal law say about drug tests?

Stuart Oberman: [00:03:57] Next, background test screening. We’re seeing a lot of pushback on this issue. You’ve got to make sure you understand what your Local and State Law is for this. Job title, “Well, I don’t really have a job title. We just come to work.” That’s not going to work in today’s world. They need a job title. What’s their title? And then, does it correspond with the employee manual? So, I have a job title, but I have no job description. So, really, the title is worthless because you’ve got no description as to what that guideline is. How are you tracking your employees and what their protocols are? Job titles, job descriptions in that employee manual.

Stuart Oberman: [00:04:39] I would tell you, the podcasts we’re doing and articles that we write as a firm, we can’t stress enough employee manuals. And it’s going to vary from industry, but if you don’t have an employee manual, folks, you’ve got to get one. Because, otherwise, you’re going to lose a lot of governmental arguments that relate to employment law and those kind of things.

Stuart Oberman: [00:05:00] So, salary, how are you paid? Are you exempt, non-exempt? Here’s a new one, are your salary non-exempt? Are you hourly non-exempt? How are you categorized? You need to know that. Is what you’re categorizing legal? What are your benefits? Health insurance, paid vacation. What does your employee manual say? PTO, leave. Folks, you’ve got to put your benefits down, 401(k)s matching, simple IRAs matching. What’s the protocols? What do you need to put in there?

Stuart Oberman: [00:05:40] Now, what we see a lot of times missing is performance reviews. How often are you going to do performance reviews once a year, once a quarter, every six months? Now, when a candidate starts, do you have a 90 day review period? Hopefully, the answer to that is, “Yes, I do.” If not, get one.

Stuart Oberman: [00:06:05] Now, the biggest question, employment at will. Every person you hire should be at will. Depending on the state, it will depend on how they define at will. But every, every, every offer letter needs to say at will.

Stuart Oberman: [00:06:21] Next, special conditions, two very hot topics on the local, state, and national level, non-competes. Folks, we’re seeing a lot and a lot of pushback on these areas. We’re starting to see some trends regarding how much you make as an employee. Do you even apply to that non-compete? If you make over 100,000 or 120, you know, what profession are you in? Do you have restrictions on your non-competes? You’ve got to look at that, folks, especially if you are a cross-border company where you may have 20 employees that work in 20 different states.

Stuart Oberman: [00:07:00] You know, sometimes I’ll ask the question to our employers, what states are your employees in and what states do you need guidance on? And their answer is, it’s easier to tell you what states we’re not in than the states that we are in. So, again, what are we looking at? Non-solicitation, I don’t care what your title is or what your job description is if you’re an employee, folks, your employees need non-solicitation. If they leave, they’re taking their stuff, they’re taking their list, they’re taking their confidential information, they’re taking your letterhead, they’re taking everything they’re using because they’re going to the next level, they’re going to the next company, and they’re going to utilize whatever they learned from you or Skyped from you or lifted from you, whatever you want to call the term.

Stuart Oberman: [00:07:50] Folks, I tell you, that’s a quick podcast but it is so very important that, one, you interview your candidate in the proper way, and we’ve discussed that on previous podcasts. Two, that you know exactly what you can do as far as drug tests and background tests. Do you even allow those? Once you get past that step, I want you to do offer letters. Again, if you don’t have an offer letter that you need council to review, get one. I cannot stress that enough. You’ve got to have guidelines for your employees. Salary, benefits, performance reviews, special conditions, folks, they’re all critical. Sometimes they will make or break a company depending on who’s coming and who’s going.

Stuart Oberman: [00:08:39] Folks, that is all for today’s podcast. Offer letters, you got to have them, folks. You got to have them. Stuart Oberman, Advisory Insights. Thank you so much for joining us today. If you have any questions, please feel free to give us a call, Oberman Law Firm, 770-886-2400 or email me, stuart – that’s S-T-U-A-R-T – @obermanlaw.com. Folks, thanks so much. Thanks for listening. Have a fantastic day.

Outro: [00:09:10] Thank you for joining us on Advisory Insights. This show is brought to you by Oberman Law Firm, a business-centric law firm representing local, regional, and national clients in a wide range of practice areas, including health care, mergers and acquisitions, corporate transactions, and regulatory compliance.

About Advisory Insights Podcast

Presented by Oberman Law Firm, Advisory Insights Podcast covers legal, business, HR, and other topics of vital concern to healthcare practices and other business owners. This show series can be found here as well as on all the major podcast apps.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the healthcare industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud, and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Our Mission

We help local business leaders get the word out about the important work they’re doing to serve their market, their community, and their profession.

We support and celebrate business by sharing positive business stories that traditional media ignores. Some media leans left. Some media leans right. We lean business.

Sponsor a Show

Build Relationships and Grow Your Business. Click here for more details.

Partner With Us

Discover More Here

Terms and Conditions
Privacy Policy

Connect with us

Want to keep up with the latest in pro-business news across the network? Follow us on social media for the latest stories!

Business RadioX® Headquarters
1000 Abernathy Rd. NE
Building 400, Suite L-10
Sandy Springs, GA 30328