News Briefs
February 01, 2004
Highlights of the latest franchising news from around the country.
The Threat from Within: California Employees Become Labor Code Enforcers
February 01, 2004
On Oct. 12, 2003, then-California Gov. Gray Davis signed Senate Bill 796 into law and created a new private right of action for California employees to enforce most provisions of the Labor Code (with the exception of certain workers' compensation provisions). S.B. 796 will likely have significant implications for all California employers, both for franchisors with either company-owned or franchised units in California, and franchisees operating in the state.
Helping a Client Select an e-Billing System
February 01, 2004
Law firms have a legitimate interest in encouraging clients to select and implement e-billing software that is cost-neutral or, preferably, advantageous to the firm. While many factors contribute to a mutually profitable e-billing setup, your research and potential advice to the client should cover at least these basics.
IRS Proposes New Obligations for Tax Advisers
February 01, 2004
With the stated purpose of restoring, promoting and maintaining the public's confidence in professionals providing tax advice, the Internal Revenue Service has issued proposed regulations that set forth "best practices" applicable to all tax advisers and mandatory requirements for advisers who provide certain tax shelter opinions. These proposed regulations, issued on Dec. 29, 2003, apply to all tax advisers who practice before the IRS (eg, lawyers and accountants) but are not intended to alter or supplement other ethical standards applicable to practitioners (such as the Rules of Professional Conduct).
Same-Sex Spouses in MA: The Effect on Employee Benefits
February 01, 2004
The news lately has been filled with stories about the Massachusetts Supreme Judicial Court's ruling that a law banning same-sex marriages is unconstitutional. The ruling has a 180-day delayed effective date. Employers should begin to examine their benefit programs, as well as their policies and procedures, to determine what impact this ruling may have on their employee benefit plans.
In-House Sales Coaching
February 01, 2004
The business of law is changing rapidly. The trend toward consolidation of outside service providers by client companies has accelerated, and is coupled with the demand to harness legal expenditures by the executive teams of these companies. Law firms must now sell the value of the business they are seeking, and must sell the breadth of their services in increasingly complex sales situations. These functions and skills, in most industries, fall within the domain of the sales professional.
Benefits Spotlight: Tax-Free Commuter Benefits
February 01, 2004
A relatively new and Congressionally approved benefit for employees is the provision of transportation benefits ' such as parking; subway, bus, train fare, or vanpooling ' on a tax-free basis. By reducing the cost of commuting, an employer can reap many rewards including appreciation of employees of their tax savings, reduced employment taxes paid by the employer and even reduced stress by employees. However, although Congress attempted to allow employers to provide tax-free commuter benefits to employees in a simple fashion, there are some esoteric rules of which employers should be aware.
Can Law Firm Partners Sue for Employment Discrimination?
February 01, 2004
Traditionally, law firms were organized as "true partnerships" in which each partner had a substantial voice in firm affairs and could be subjected to unlimited liability for the debts of the firm. As high-profile cases have highlighted the risks of such a structure, however, many firms have abandoned the classic form and adopted "hybrid" business models such as professional corporations, limited liability companies and limited liability partnerships. Such consolidation of control comes at a cost, however. By configuring themselves as "de facto corporations" - placing substantial control in the hands of a few and subjecting the remaining partners to the decisions of those in power - firms may expose themselves to employment discrimination suits brought by their own partners.
