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Some laws apply only when your company has a certain number of employees. We have seen businesses comply with laws when they did not have to (at great expense), and we have seen businesses fail to comply with laws when they were required to (at even greater expense).

"Magic Number" Example Number 1: Safety Records

For example, one subcontractor feared it was ineligible for a large job that it had bid on, after the GC informed the sub that it had failed to submit certain forms that the GC required. The GC wanted OSHA 300-A Summary of Work-Related Injuries and Illnesses forms for the past three years. However, the sub had not kept those forms, because the sub (mistakenly) believed that only employers with 25 or more employees were required to maintain those forms. Actually, OSHA regulations require employers with 11 or more employees to keep the 300-A Summary forms (unless some exemption applies, which would be unusual for construction-related businesses). This story happens to have a happy ending - turns out that the sub only had eight employees during the prior three years, so the sub still qualified for the job and avoided penalties under OSHA. But because the sub believed the threshold was higher and had no plans to maintain the 300-A Summary forms until it hired 25 employees, this could have ended differently.

"Magic Number" Example Number 2: Time Off

We have also seen voluntary compliance with the federal Family Medical Leave Act (the "FMLA"). In very short summary, this law requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave during a one-year period for eligible employees. Among other things, this law generally requires that employers: reinstate eligible employees to the same or an equivalent position when they return to work; maintain benefits in a specific way during the leave; and give specific notices to employees. For those employers who are subject to the FMLA, there are penalties for failure to comply. (To be eligible, among other things, employees must have worked for the employer for one year, must have worked 1,250 hours during the year before the leave begins, and must work at a location within 75 miles of a site where the employer employs at least 50 people.)

If a business does not employ 50 people, the business does not have to offer the leave required by the FMLA. Smaller businesses have the flexibility to craft a customized leave policy that treats employees with dignity and flexibility in the event of an emergency or family issue, but that balances the company's absenteeism policy, the limited resources of the small business, and the right to permanently fill the employee's position. Smaller businesses may create policies, for example, for parental leave, personal leave, or bereavement leave. Also, smaller businesses can choose to offer leave that mirrors the FMLA without actually referring to the FMLA itself. In fact, courts have held that employers may be responsible for complying with the FMLA, even if the employer has fewer than 50 employees, where the employer specifically referenced the "FMLA" in documents provided to employees.

So what is the "magic number"? You should not have to guess. Below is a list of some laws that may apply depending upon the number of employees a company has:

Number of Employees

Applicable Law and General Description

All Employers

Fair Labor Standards Act (federal): Requires employers to pay overtime rates to non-exempt employees who work more than 40 hours in a work week.

All Employers

National Labor Relations Act (federal): Prohibits interference with unionization and activity to improve working conditions.

All Employers

Uniformed Services Employment and Reemployment Rights Act (federal): Protects service members' rights, including those called up from the reserves or National Guard.

10 or more

Florida Private Whistleblower Act (Florida Statute Sections 448.101-448.105): generally, prohibits retaliation against employees who disclose an employer's violations of the law to a governmental agency (after giving the employer written notice and an opportunity to correct the practice), participate in an investigation of the employer's alleged violation of the law, or refuse to participate in any activity that is in violation of the law.

11 or more

Occupational Safety and Health Administration recordkeeping regulations (federal): Requires recordkeeping for injuries and illnesses, unless an exemption applies. Note that all employers covered by OSHA (not just those with 11 or more employees) must report to OSHA any workplace incident resulting in a fatality or the in-patient hospitalization of three or more employees within 8 hours.

15 or more

Americans with Disabilities Act (federal): Prohibits discrimination against people with disabilities.

15 or more

Title VII of the Civil Rights Act of 1964 (federal): prohibits discrimination against people on the basis of race, color, religion, national origin, or sex; and prohibits retaliation after a complaint is made.

15 or more

Pregnancy Discrimination Act (federal): prohibits discrimination against women because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

15 or more

Florida Civil Rights Act of 1992 (state): prohibits discrimination against people based upon race, color, religion, sex, national origin, age, handicap, or marital status.

Fewer than 20

Florida Health Insurance Coverage Continuation Act (state "mini-COBRA"): generally requires that a group health plan issued to a small employer must provide that each qualified beneficiary who would lose coverage under the group health plan because of a qualifying event is entitled, without evidence of insurability, to elect, within the election period provided by law, continuation coverage under the employer's group health plan.

20 or more

Consolidated Omnibus Budget Reconciliation Act (COBRA) (federal): generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage in certain instances where coverage under the plan would otherwise end.

20 or more

Age Discrimination in Employment Act (federal): prohibits discrimination based upon age against people who are 40 years old or older.

50 or more

Family Medical Leave Act (federal). See above.

50 or more

Florida's Domestic Violence Leave Law (Florida Statute Section 741.313) (state): requires an employer to permit an employee to take up to three working days of leave in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence.

A few more things to know:

* We encourage all businesses, regardless of the number of employees, to comply with all laws, regulations, and ordinances prohibiting discrimination, harassment, retaliation, and hostile work environments, and that promote the safety, health, welfare, and dignity of all employees and applicants.
* This list is not exhaustive. Other employment laws may apply to your business.
* Some businesses are exempt from certain requirements, regardless of size. For example, certain low-hazard types of businesses do not have to comply with certain OSHA recordkeeping requirements.
* The "magic number" for the application of each law is subject to change.
* The relevant period during which the required number of employees must have been employed differs among the laws.
* Courts may add together the numbers of employees from two separate companies, where the court determines that the companies are not truly separate, or where the court finds a "joint employment relationship." Courts may also add people who you claim are independent contractors, if they are not truly independent contractors.

Eliminate the guesswork. As your business expands and contracts, keep track of the number of employees. If you are close to a threshold "magic number," ask for help with compliance - before you need a magician.

The West Palm Beach law firm of Bruce Loren & Associates specializes in the representation of businesses and management in the construction industry. Cara F. Barrick, Esq. focuses her practice on employment issues that are unique to the construction industry.

Bruce E. Loren & Associates
2000 Palm Beach Lakes Blvd., Suite 501
West Palm Beach, FL 33409
Telephone: 561-615-5701
Fax: 561-615-5708
Web: www.lorenlawfirm.com

http://www.lorenlawfirm.com/cb/link.php?M=600&N=62&L=7&F=H>
Click Here for Directions:  http://www.lorenlawfirm.com/cb/link.php?M=600&N=62&L=4&F=H>

Baby boomers have dominated the real estate market for years. So it's not surprising that now, having reached their peak earning years, many are regarding another investment in real estate as a good way to diversify their portfolios.
Baby boomers are already extremely active in the second home market, owning 57 percent of all vacation/seasonal homes.

Three of the key reasons baby boomers buy second homes are:

1. To take advantage of a smart investment strategy
The fact that the government provides a generous capital gains tax exemption on profits from the sale of primary residential property allows property owners a unique benefit. Most boomers who own property are well aware that when they sell their primary residence, they can claim a capital gains tax exemption. If they purchase a second home which they subsequently convert into their new primary residence, and live in that home for at least two out of the five years before they put it on the market, that property will also become eligible for the same preferential tax treatment as their first home.

2. To obtain quality time with their family
Baby boomers are healthier and can expect to live longer than their predecessors. They are also more likely to continue working beyond the traditional retirement age, placing them in a position where they're more likely to be able to afford to purchase a second home.

3. To purchase a retirement property at today's low mortgage rates
Three out of five boomers surveyed said they'd prefer to retire to a small town or rural area. Buying a second home now in an area they'd like to retire in the future can be a smart move.

(Consult an accountant or financial advisor for more information on the capital gains tax exemption)

Visit our website at : http://www.resortauthority.com/affiliate/redir.php?id=912

Carmen Bernard- GRI®

Licensed Real Estate Broker

HBM II, Inc.

561-714-7018 - Cell

866-547-4358 - Fax

I...@CarmenBernard.com - Email

www.CarmenBernard.com

A feasible and functional retirement plan for small businesses

Would you like to maximize your annual tax savings and secure guaranteed retirement income? Are you the owner of a successful, established small business? Are you and your key employees within 5 to 20 years of retirement? If the answer is yes to all these questions, a 412(e)(3) Defined Benefit Plan, formerly known as 412(i), a unique tax reduction tool that provides a "fully insured" retirement benefit, might be something for you to consider.

"Fully insured" 412(e)(3) plans have been around for over 50 years and provide an attractive retirement solution. Recent changes in the law have made the 412(e)(3) plan more popular and more powerful as an estate, tax, and retirement planning tool. By allowing participants to fund a benefit up to $185,0001 annually beginning at retirement, it is a far more powerful technique than IRAs, 401(k) or profit sharing plans for a business owner to prepare for retirement while enjoying large immediate income tax deductions.

The 412(e)(3) Defined Benefit Plan Defined
A 412(e)(3) plan is a specific type of "defined benefit" plan, as opposed to "defined contribution" plan. In a defined benefit plan, the benefit amount to be received from the plan is stated at the inception of the plan, usually as a percentage of a participant's compensation, and the contract and consequently the premium are designed to provide and guarantee that specific amount. In contrast, with a defined contribution plan, the contribution amount is determined, but the actual amount of benefits received is uncertain and will be based upon the total contributions and earnings accumulated in the plan.

A key feature is that 412(e)(3) defined benefit plans are tax qualified plans, meaning the contributions to the plan are fully deductible as a business expense, and excluded from an employee's income until received as retirement income.

Can the 412(e)(3) plan work for you?
The 412(e)(3) plan is appropriate for a self-employed owner of a small business or small corporation (both with and without employees), professionals, and individuals receiving director's fees, and independent contractors and consultants.

These plans are most suitable and effective in the case of older employers and businesses with cash flows that are stable enough to make the plan contributions on a continuing basis. It is also very common for employers who do not have employees to adopt on-person 412(e)(3) plans.

Indexed for 2008 in accordance with benefit and contribution limits of IRC section 415
The plan is designed by determining how much annual income you will need at retirement and then calculating the annual contributions, which will be required to reach that goal. The U.S. government allows you to plan for $185,0002 in annual retirement income. The plan provides retirement benefits through a contract issued by an insurance company that guarantees the cash values before retirement and the benefit amounts after retirement, in accordance with terms specified under Internal Revenue Code Section 412(e)(3). IRC Section 412(e)(3) stipulates that the retirement plan is to be funded from the date of participation to the date of retirement through a level premium annuity contract or through both an annuity and life insurance contract. The guarantees of the 412(e)(3) plan are derived from the life insurance and/or annuity contracts that fund it and are dependent on the financial strength of the issuing company. Therefore, it's essential to choose a reputable life insurance company with superior financial strength. There are a number of independent agencies that rate the strength of life insurance companies.

The 412(e)(3) plan is not for everyone. You should meet with a financial professional to determine the investment philosophy that would be best served for your retirement needs. If you are an "investor" with the temperament to absorb the ups and downs of the stock market then most likely a traditional defined contribution plan may be best for you. But, if you are a "saver" looking for guarantees without stock market risk along with large income tax deductions, the 412(e)(3) plan could be right for you.

Indexed for 2008 in accordance with benefit and contribution limits of IRC Section 415

Article prepared by Northwestern Mutual with the cooperation of Howard Silver. Howard Silver is a Financial Representative with Northwestern Mutual Financial Network, the marketing name for the sales and distribution arm of The Northwestern Mutual Life Insurance Company (Northwestern Mutual), Milwaukee, Wisconsin, its affiliates and subsidiaries. Howard Silver is an Insurance Agent of Northwestern Mutual based in Palm Beach Gardens, Florida. To contact Howard Silver, please call 561-630-6300 ext. 148, email him at howa...@nmfn.com, or visit his website at www.howard-silver.com.

"If I ever go looking for my heart's desire again, I won't look any further than my own backyard". - Dorothy Gale, Kansas Native and Cyclone Survivor

Too many people think that the business is "out there" and they have to go "hunt for it". For me, this has always conjured up images of medieval warriors, climbing into their suits of armor, ready to do a hard day's battle for some prize. Unfortunately, for a lot of people, this is how they view the prospect of enlarging their territory. They climb into their suits, arm themselves with their "weapons" (business cards, promotional materials etc) and head out to slay prospects/dragons, hoping that the day will find them victorious.

Not only is this NOT the way to go, it can get depressing fast. As long as you have the mentality that you have to "fight" for business and that it's out there, somewhere over the rainbow, your exhaustion will only be superceded by your frustration and frankly, lack of success.

But take heart! There IS plenty of business, and you don't have to fight to get it "out there". Although it may initially require some strategy, once you grasp a few concepts, business will find YOU.

So where is all this business? Is it really in your own backyard, right there with no hunting necessary?

Well, I'm going to tell you a secret that will make you a fortune. Ready? Lean closer. You don't want to miss this. The answer to all your dreams of prosperity is.....

Networking. The bigger secret? Networking in your own community. Networking with people you already know.

Networking? Really? Doesn't that mean I have to go to these events, talk to people I don't know and don't care about, tell them all about what I do and why they need my products and services?

Uh.....NO. And if that's what you think networking is, well no wonder you're worn out from your job.

Networking can be interesting at worst and down right fun at best. But you have to know how to do it. It's not hard and you don't have to go far.

Although the topic of networking could fill column space for several weeks and then additionally broken out into sub-topics, we are going to focus on nothing other than the three Ups of networking. Embrace the Three Up Concept and watch your business soar. Here we go. The Three Ups of networking are; Show Up, Shut Up, Follow Up.

That's it. Sounds simple, right? You'd be surprised how hard it can actually be. Let's break it down.

The first thing you have to do is SHOW UP. Networking won't work with erratic attendance and it certainly won't work if you don't show up at all. If networking isn't working for you, maybe you're not working for it.

The next principle is to SHUT UP. What does this mean? You obviously can't go to a networking event and not say anything to anybody. This won't bring you any business. So how does shutting up work?

The biggest mistake anyone makes in networking is telling everyone they can what they do for a living, how they work, why they are the best etc, etc, ad nauseam.

Don't do that. Shut up. Instead of talking, ask questions and then listen to the answers. Be interested in other people instead of trying to get other people to be interested in you. Don't talk business. Sure, you want to find out who does what, but don't get into details. Go to give, not to get. Find out how you can help them. Get their card and tell them you are interested in having a future conversation. Let them know you will follow up.

FOLLOW UP. That's the last step but a very critical one. All too often, it's easy to become a professional card collector. You give yourself a false sense of accomplishment because you see all the "work" you have done as evidenced by your fantastic stack of cards. Do any of these people remember you though? Do you remember them? Are they helping you to grow your business? Are you helping them to grow theirs? If you remember anything, remember this - the fortune is in the follow up. Always has been, always will be. Follow up with phone calls, with face to face appointments, with a commitment to have the next conversation. Never stop the follow up.

Although each of these three steps bears closer scrutiny and there is more to it, if you just get started with the basic premise of show up, shut up and follow up, you will be on your way to finding your heart's desire in your own backyard.

Red shoes and small dog not required.

 Copyright (c) 2010 - All Rights Reserved  Jane A. Garee/Write Expressions Inc.