Most Common Labor and Employment Mistakes that Can Sink Your Startup

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Most Common Labor and Employment Mistakes that Can Sink Your Startup

For Silicon Valley startup founders, navigating labor and employment law is critical. A single error can lead to fines, lawsuits, and reputational harm, diverting precious time from scaling your business. Access Silicon Valley invites you to join this workshop, where Snell & Wilmer's Labor & Employment attorney Tracie Stender will walk through essential legal “dos and don’ts,” covering issues like California’s AB5 worker classification law, stock versus cash compensation, and critical employment concerns during financing due diligence.

The Dos to Consider:

1. Clear Employment Contracts and Policies
   Comprehensive contracts protect your startup by clearly defining roles, responsibilities, compensation, and intellectual property rights. Tracie will outline best practices for creating risk-reducing agreements.
2. Classify Workers Correctly: The AB5 Challenge
   Misclassifying workers can lead to audits and lawsuits. Tracie will clarify AB5’s requirements and share strategies for compliant contractor use, helping minimize risks.
3. Institute Strong Anti-Harassment Policies
   Robust anti-harassment and anti-discrimination policies safeguard your workplace and business. Tracie will discuss effective ways to enforce these policies to protect your startup.

The Don’ts to Consider:

1. Don’t Overlook Wage and Hour Compliance
   Errors in wage and hour compliance, like misclassification or relying on stock instead of cash, can be costly. Tracie will explain compliant compensation structures to avoid penalties.
2. Don’t Ignore Non-Compete and Non-Solicitation Agreements
   California’s laws restrict non-competes. Tracie will discuss alternative strategies to protect your business from talent poaching while complying with local laws.
3. Don’t Wait Until Due Diligence to Address Compliance Gaps
   Compliance issues can derail funding rounds. Tracie will stress the importance of early preparation to meet investor expectations.

The Perils of Arbitration vs. Court Action: Pros and Cons for Disputes
Arbitration can be efficient and private, but it has drawbacks. Tracie will examine when arbitration is preferable and when court action might be a better choice.

Key Takeaway
Labor compliance is crucial to your startup’s success. This workshop will equip you with strategies to safeguard your business and allow you to focus on growth.

About the Speaker
Tracie E. Stender brings extensive experience as a litigator and counselor to Snell & Wilmer’s Labor & Employment group. Tracie assists clients on matters arising at all stages of the employment relationship, from recruitment through separation and union relations. She discreetly and expeditiously investigates highly confidential matters involving board and executive conduct and alleged employee fraud and harassment. Tracie litigates in state court and administrative proceedings, offering tailored and strategic representation. Informed by her experience as a litigator and general counsel, Tracie helps clients implement practical policies and procedures to minimize risk. She works with a broad range of public and private clients, in industries including hospitality, education, healthcare and utilities. Prior to joining Snell & Wilmer, Tracie served as the Corporate Director of Compliance – Senior Counsel at JC Resort.