The primary difference between an employee and an independent contractor lies in the nature of their working relationship and the degree of control exercised over their work.

Independent contractors operate as their own business, control their work methods, and are not subject to the same tax withholdings and benefits as employees.

Employees, on the other hand, work under the company’s control, follow company policies, and receive wages with tax withholdings.

Misclassifying workers can lead to legal and financial penalties, so it’s essential to evaluate job duties, level of control, and IRS classification guidelines.

Unpaid interships must meet specific criteria to comply with labor laws in the United States. Generally, unpaid interships must be educational and primarily benefit the intern, not the employer. Usually, the intern must get college credit for the unpaid intership. Be sure to check your state regulations for more detials on unpaid internships.

Under the Americans with Disabilities Act (ADA) and similar laws in orther juristictions, employers are required to provide reasonable accommodations to qualified employees with disabilities to enable them to perform essential job functions. Reasonable accommodations may include modifications to the work environment, job duties, or work schedule, unless doing so would impose undue hardship on the employer. 

The employer may deny an accomodation request if it is deemed unreasonable and will cause an undue burden on the employer.

If your business has 40 employees in Maryland, you are not legally required under state law to provide sexual harassment prevention training.

Maryland Law on Sexual Harassment Training:

• Requirement applies to: Businesses with 50 or more employees

• Who must be trained (if applicable)? Supervisors only

• Non-supervisory employees: Not required but recommended

Even though you're below the 50-employee threshold, providing training is still a best practice to help prevent workplace harassment, reduce liability, and foster a positive work environment.

Contact us if you would like recommendations for training programs or policies to help protect your business?

Exempt employees (under the FLSA) must meet specific salary and job duty requirements and are not entitled to overtime pay. Non-exempt employees must be paid overtime for hours worked over 40 in a workweek. Misclassification can result in back pay and legal penalties.

Before classifying an employee as exempt or non-exewmpt, carefully apply federal and state tests for exemption from overtime.

According to Virginia law, when an employee is terminated (whether voluntarily or involuntarily), the final paycheck is generally due on the next regular payday following the termination date.

However, it's essential to check any employment agreements, company policies, or collective bargaining agreements that may specify different terms regarding final pay. Additionally, if the employee is subject to any specific industry regulations or federal laws, those requirements should also be considered.

Take all complaints seriously. Conduct a prompt and impartial investigation, document findings, maintain confidentiality, and take corrective action if necessary. Employers must also train employees and managers on harassment prevention and ensure a clear reporting process.

Ensure the termination is based on legitimate, documented reasons such as performance issues, policy violations, or business necessity. Follow company procedures, provide written warnings (if applicable), comply with final paycheck laws, and avoid discriminatory practices.