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The unkindest cut…How employers can take the sting out of employee pay cuts.

BOSTON, MASS… 

As an employee, it’s a choice you never want to have to make: take a pay cut or possibly lose your job. For employers, the impact can be even more severe. Not only does asking your workers to take a pay cut put a serious damper on morale in the present, it can permanently alter how your employees feel about the company—even if things do turn around.

Boston-based Tarlow, Breed, Hart & Rodgers, P.C., advises a number of businesses small and large as part of its corporate law practice. When it comes to pay cuts, the Firm offers some suggestions for companies looking for a silver lining for this very dark cloud.

“It’s an incredibly difficult thing for an employer to ask their employees to take a cut in pay. First, it’s an admission that your company is not doing well, which is a tough pill for any business owner to swallow. More importantly, a pay cut will negatively impact the lives of people you work closely with day and day out, in some cases, for many years. Despite what some might think, most owners do care about their workers and asking anybody to take a cut in pay not based on the employee’s performance is difficult,” said William Rodgers, a member of TBHR.

So, how do you soften the blow of asking your workers to take a pay cut?

“There really is no way to make a good situation out of asking your staff to take a pay cut. The best you can hope for is to make it less bad,” said Rodgers.

And how do you accomplish that? For starters:

·         Make pay cuts a last resort – exhaust every possibility before even entertaining the idea of pay cuts. If there’s a way around pay cuts, take it.

·         Give something back – perhaps it’s a shorter work day on Fridays (9 to 4 instead of 9 to 5); maybe a more casual dress code; how about an additional sick day or personal day? Giving something back lets employees know that the ownership does appreciate their sacrifice.

·         Deliver the news in person – this might not always be possible. If it is, do it. And remember to apologize. It’s important for employees to know that this is difficult for everybody and you genuinely feel bad about it.

·         Be forthcoming with news – if the pay cuts are temporary, provide employees with regular status reports on how the company is doing.

·         Do not make promises you cannot keep – stating pay cuts are only temporary is one thing, putting a date on when salaries will be reinstituted is foolish unless you are 100 percent certain it can happen.

Chances are, no matter what measures ownership takes, some employees will take the news worse than others. Some may even seek legal action. Having clearly stated policies in your employee handbooks regarding possible wage reductions and associated issues—e.g. switch from salary to a reduced salary and commission—can alleviate confusion and minimize the risk of potential litigation.

“When it comes to asking your employees to take a pay cut, nobody wins. By dealing with the situation with sensitivity, compassion and honesty you can minimize the bad feelings and that can go a long way with the employees who are still on board after the smoke clears from this recession,” said Rodgers.

About Tarlow, Breed, Hart & Rodgers, P.C.:

Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients.  Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law and business transactions, litigation and dispute resolution, estate planning, taxation, real estate, municipal law, and hospitality law.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.

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How to keep your blog out of the courtroom

Emily C. Shanahan
Emily C. Shanahan

BOSTON, MASS.

Businesses and individuals create blogs for a variety of reasons – to demonstrate their expertise on a particular topic; improve search engine rankings for their Web site; sell a product or service; or just to create a forum to express opinions.  No one, however, starts a blog with the intent of being sued. Yet, according to Boston-based Tarlow, Breed, Hart, & Rodgers, P.C. (TBHR), the potential for a lawsuit arising out of your blog is real and greater than you may realize.

“When it comes to a blog, where you get your material and how you use it can land you in hot water just as much as, if not more than, what you say.  Using unauthorized photos, failing to properly credit a source you quote, using copyrighted material, or allowing comments that contain any of the above can open the door to a lawsuit. That’s not why most people start blogs,” said Emily C. Shanahan, an associate at TBHR.

There are some steps you can take to help ensure your blog sticks to its intended purpose without making you or your company vulnerable to a lawsuit:

  • Screen comments on your blogs – Stay in control of the content of your blog either by not allowing comments or by clearly defining from the outset what standard posted comments have to meet.  If they don’t, delete them.  That being said, don’t play editor of your users’ comments.
  •  If you quote them, give them credit – Trying to pass off somebody’s words as your own can lead to big trouble. If you’re going to quote somebody, keep it short and always credit the person who said it and in what publication. 
  • Using photos and images – Just because you find an image on the Internet does not mean you have permission to use it. When it comes to artwork, use only what you create, own the license for, pay to use or know to be free stock photography or clip art.
  •  Celebrities – While using celebrities as fodder for your blog might make for entertaining content, it could open the door to a defamation lawsuit if you’re not careful. Even associating a celebrity’s name and/or image with your blog in a positive manner can lead to trouble down the road if you don’t have his or her permission.
  • Company trademarks – Do not use in your blog trademarks that you do not own or are not licensed to use. You can, however, mention another company by name. As a precaution, you may want to mention if the company’s name is trademarked.

“A lot of this stuff is common sense, but many businesses seem to check their common sense at the door when they start up blogs,” said Shanahan. “Your blog is meant to give you a business advantage, not put you out of business. So when it comes to most blog posts, if you have a doubt about whether or not a post could be taken the wrong way or puts you at risk, consult your attorney. Better safe than sued.”

This release is not intended to be, nor should be construed as, legal advice.

About Tarlow, Breed, Hart & Rodgers, P.C.:

Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients.  Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, estate planning, taxation, real estate, bankruptcy, and municipal law.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.

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