Avanta Small Business Law

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Dana Ball Legal Services is now Avanta Small Business Law!

Welcome to Avanta!

We are excited to announce that Dana Ball Legal Services has rebranded to AVANTA, Small Business Law. This has been in the works for a long time, and we are so glad we finally get to share this news with you. We have always strived to keep things simple and make the legal process easier for small business owners, and this rebranding shows just that.

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Practical Legal Insights-#5 Protect Your Client Relationships

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Practical Legal Insights-25 Selling A Business Doesn't Happen Overnight

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Practical Legal Insights-24 Is it possible to bring civility back to our workplaces?

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Practical Legal Insights-23 5 Reasons Why My LLC Needs an Operating Agre...

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Practical Legal Insights-22 Does your LLC deserve liability protection?

MOST BUSINESS OWNERS RECOGNIZE THE NEED FOR LIABILITY PROTECTION AND THAT’S WHY YOU CHOOSE TO FORM A LEGAL ENTITY LIKE AN LLC. ONCE YOU GET THE LLC SET UP, THEN WHAT? THE ANSWER: MAINTENANCE. YOU MUST MAINTAIN THE LLC TO AVOID RISKING YOUR BUSINESS AND PERSONAL ASSETS.

So you’ve registered your LLC, now what?

Yep, this afternoon I did another live broadcast on YouTube and Facebook to help you business owners understand that there’s more to it than simply forming an LLC.  It’s like building a brick house, you don’t just dump all the bricks into one spot and call it good.  Nope, each brick must be placed “brick by brick” to actually create a solid house made with all the bricks.  An LLC is similar in that once you form the LLC with the state of Utah, for example, then there are several things to do for the life of the LLC in order to avoid risking your assets.  The goal is for you to be able to say, “Yes, I deserve liability protection!”  If you fail to perform the maintenance then, unfortunately, the court will not agree with you and allow a lawsuit to reach your personal assets.  Click HERE to watch the video OR if you want to skip the video, here are the bullet points:

You can’t control other people.  You are in control of how you run your business, so protect your business.

Maintenance means keeping yourself separate from your LLC.  For example:

Documentation starts with an Operating Agreement which must be tailor-fit to your company and not downloaded from the internet.

Documentation continues with an initial consent form and then ongoing consent forms that track business decisions.

Do you have an operating agreement and are you documenting business decisions?

Renew registration yearly;

Keep business and personal bank accounts separate so NO comingling of funds;

Sign contracts on behalf of the LLC and not yourself under your individual name; and

Documentation.

Hiring a business attorney is smart and probably won’t cost as much as you think. We provide our clients with an “LLC Owner’s Manual” that will help you through the life of your business to keep it protected and maintained appropriately.  

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Practical Legal Insights-21.Employee Handbook, Written Policies, Necessary?

Many small business owners do not realize that their employee handbook and written policies are vital instruments to their survival right now. Businesses across the country have come to a screeching halt or have closed altogether due to the COVID-19 outbreak. Many business owners are doing everything possible to weather the storm and anxiously await life returning to normal. If you have not distributed written policies about emergency paid leave under the Families First Coronavirus Response Act (Act), then you are putting your business at risk.  It only takes ONE employee to call the Department of Labor about your mistakes with #EmergencyPaidLeave.  You NEVER want the hassle of a government agency investigating into your business.

Today we went live discussing how a poorly drafted handbook or no handbook at all exposes a business to unnecessary risk of liability.  Click here to watch: Practical Legal Insights with Dana Ball-21 Employee Handbook, Written Policies, Necessary?

What is an Employee Handbook?

An employee handbook is a document that outlines your company’s mission, policies, and expectations. Give it to your employees on their first day of work and make it easily accessible. A well-written handbook will set forth your legal obligations to your employees and define their rights as employees.

What Purpose Does an Employee Handbook Serve?

Your handbook becomes the “go-to” manual for all company policies and procedures. For example, if a question or dispute arises on employee paid time off then a manager can say to the employee, “let’s look at what the handbooks states.” It becomes a safety net and ensures that all employees are treated fairly. With the new Act which expands paid leave to cover national pandemic emergencies with COVID-19, you want to make sure you are compliant with the new rules and your employees clearly understand their rights.

What are the Risks of Not Having an Employee Handbook?

It’s easy to put “writing an employee handbook” at the very bottom of your to-do list while reassuring yourself that no one reads them anyway and they don’t matter, right? Wrong! Not having a handbook, or having one that is poorly drafted, will expose your company to unnecessary risks of liability. You need to think of an employee handbook as a protection to your assets and move it to the top of your to-do list.

Handbooks are key to protecting your company against costly discrimination and favoritism claims. Without written policies on important issues such as attendance, harassment, paid leave, termination, and at-will employment, you expose your company to liability lawsuits. Employees need to know exactly how you will handle complaints to avoid fostering an atmosphere of noncompliance which opens the door for expensive employee lawsuits.

What are the Benefits to a Well-Drafted Employee Handbook?

First and foremost is peace of mind. Dana Ball, a Utah based small business attorney says, “The handbook needs to be a guideline for managers so they can answer employee questions consistently. Employees benefit from a well-written handbook by knowing what source they can turn to if they have questions regarding their employment.”

By spelling out the performance and the conduct expectations employees are reassured that your company takes their most valuable asset, the employee, seriously. Ball continues by saying, “If you find yourself in a lawsuit, one of the first things an attorney will ask you for is your employee handbook. You want to show that your handbook is compliant with the required laws of your state and specific to your business.”

With the new legislation passed due to COVID-19, don’t misunderstand and think you are compliant because your handbook already includes paid leave policies.  No, your current paid leave policies are different than emergency paid leave for COVID-19.  You MUST have separate written policies about emergency paid leave with an effective date of April 1, 2020, and an expiration date of December 31, 2020. In these unprecedented times, employers must take every step possible to protect their businesses. By incorporating the COVID-19 requirements you will minimize your risk of a potential lawsuit.

What Should Be Included in the Handbook?

Clearly state your expectations regarding paid time off, dress code, overtime, wages, harassment policies, payroll deductions, paid leave, drug testing, and benefits, just to name a few. Comprehensive and detailed expectations will offer your company greater protection from any ambiguities that could lead to a lawsuit.

You also need to include these three key elements:

An at-will provision based on your state at will laws (if applicable to your state). Employees need to understand they are employed on an at-will basis and nothing in the handbook should be construed to create a contract of employment.

Confirm your rights as an employer to modify the handbook. Employers have the right to revise, rescind, or modify the provisions and benefits in the handbook.

An acknowledgement form stating the employee received the handbook, read it and agrees to comply with the provisions. An employee can’t claim ignorance of the rules if their signature is present. It may be beneficial to have them additionally sign off on COVID-19 emergency paid leave policies.

Remember, the internet is not an attorney. While it’s tempting to download a free employee handbook to save time, it will not be specific to your business or the laws that govern where you operate your business. This is the most common mistake small business owners make and it exposes them to great legal liability.

How Often Should the Handbook be Reviewed?

In an ever-changing society, now is the time (and at least yearly) to review your handbook and any other written policies. Local and state laws regarding workplace laws can change quickly and it’s important to make sure your handbook is compliant with current laws.

Another safety net against litigation that you can add as an employer is to implement training on each section of the handbook on a regular basis. Perhaps you should implement quarterly training where different managers take a section and teach it to the employees. Regularly reviewing and updating your employee handbook means better protection for your company.

While these times are stressful, uncertain, and perhaps slow, now is not the time to let your business guard down. Dig out your employee handbook and blow the dust off of it. Make sure you distribute the necessary emergency paid leave policies to cover the COVID-19 legislation. Learn more about model emergency paid leave policies HERE.  Remember, you do not have to navigate these stressful times alone. Reach out to a trusted advisor to help you. Dana Ball knows how to protect small business owners and can help you make your written policies compliant.

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Practical Legal Insights-20.Can Your Business Survive Emergency Paid Leave?  https://youtu.be/yaTPtIM9tHQ

Can Your Business Survive Emergency Paid Leave? A bill is in the Senate right now that may or may not deplete your cash flow as a small business. The government promises to reimburse small businesses with a tax credit, but realistically you won't see that tax credit anytime soon. Do you have enough cash to pay employees for required leave because of COVID-19? I'm concerned, are you? Please share your thoughts! Check out this blog post for a good summary of the bill: https://www.theemployerhandbook.com/soon-well-have-covid-1…/

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Are You Actually Conducting Workplace Trainings?

How often do you conduct workplace trainings, if at all?  Uncover exactly how to avoid being the latest headline with the Guide to Getting Workplace Training Right.  It’s time to change how we typically handle workplace harassment trainings.  This free guide will show you how to conduct a training that works to reduce unlawful behavior.

We are so excited to announce that we have started another company, called ZOTERIA.  The name Zoteria comes from the Greek Mythology goddess, Soteria who was the goddess of safety, deliverance and the preservation of harm.  Business owners have a duty to protect the business from harm and to preserve the livelihood of those involved in the business.  Thus, Zoteria offers convenient online business training on the legal compliance necessary to safeguard your business.

Don't take any chances and put your business at risk.  Compliance training applies to every company no matter the industry or size.  Even so, every company is a bit different.  We have created an online training that can be done at your convenience and in a way that works with your company culture.

3 things set this training apart from your other options:

START WITH SUPERVISORS!  Training begins with your Front Line, all supervisors (includes you the business owner).  Supervisors are usually the first ones to hear about unlawful behavior.  They can put your company on the hook for liability, based on their actions or their inactions, so it is key to make sure your supervisors are trained.

REALITY CHECK DISCUSSIONS!  Every workplace is unique, your culture is unique, so the workplace training needs to fit with your particular workplace environment.  These are guided discussions relevant to your specific organization.

CIVILITY!  It's time to bring civility back to the workplace.  Incivility is the incubator for a lot of the claims that are filed. Civility is good for business and so are workplace trainings.

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Practical Legal Insights-#18 Don't Rush that Contract

Wait! Have that contract reviewed BEFORE you sign it. Once a written contract is signed, both parties must abide by the terms, which is why it is essential for you to understand the legal consequences. Unfortunately, too many small business owners are too rushed for time or maybe you are simply anxious to get going on the deal or just assume that contracts are “just standard” and non-negotiable. This could not be further from the truth! Alarmingly, most business contracts contain numerous errors, or template contracts are risky, make too many assumptions about the particular deal that aren’t true or worse, set you up to fail if the deal goes south. What are you waiting for? https://danaballlaw.com/get-started/

_https://youtu.be/l4B45XKpzlU_

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Practical Legal Insights-#17 Employee Lawsuits

_https://youtu.be/bImnq94Z2yI_

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Practical Legal Insights-#16 Employee or Independent Contractor?

Are you paying your people correctly? If not, the penalties add up quick! The freelancer workforce is growing three times faster than traditional workforce in the U.S. It’s appealing to companies and workers to have flexibility and earn through quick gigs and project based work. Be cautious because everyone loses when companies deliberately misclassify workers in an attempt to cut costs. It tips the scales against all of the companies who choose to play by the rules. Plus, workers end up losing out on overtime pay and benefits. Begin by asking yourself, “are my workers really in business for themselves or are they economically dependent on the company?”

_https://youtu.be/QZMQ7d62fhU_

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Practical Legal Insights-#15 Avoid Court

_https://youtu.be/bCzHrKr_c6A_

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https://youtu.be/01wq5v58ty8

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Practical Legal Insights-#12 Are you ready for year end?  Now is the time to consult with your accountant and business attorney to see what needs to be taken care of before December 31st! Start next year off right and with peace of mind that you have protected your business.  

_https://youtu.be/AQ-SYdmD3Oc_

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Practical Legal Insights-#11 DON'T Do It Yourself! Hire an attorney to help you set up contracts right from the start is a cost of doing business and not something to do later. Downloading online forms and templates is not worth the risk. Protect your business today.

_https://youtu.be/wWtOnhow5Mo_