Tag Archives: start-ups

“Get the Facts” – EEOC Publishes New Fact Sheet for Start-Ups and Small Businesses

Nancy L. Gunzenhauser

On March 3, 2016, the EEOC issued a one-page fact sheet aimed at assisting start-ups and small businesses understand their responsibilities under the various federal employment laws. The fact sheet, which is available in over 30 languages, reminds employers that:

  • employment decisions cannot be made on the basis of protected categories
  • employers should establish policies that do not disparately impact employees on the basis of protected categories
  • men and women must be provided equal pay
  • employers should prevent harassment, but if a complaint is raised, employers should promptly address claims of harassment or discrimination
  • employers should provide reasonable accommodations for medical and religious purposes
  • employers must display required posters
  • employment records must be kept, including applications and personnel files
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JOBS Act Provides Encouragement for Start-Ups and Emerging Growth Companies

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act or JOBS Act.  In light of the sharp decline in the number of companies entering the U.S. capital markets through IPOs over the last ten years, Congress recognized a need for this legislation since small companies are critical to economic growth and job creation.  To promote growth and assist small companies in gaining access to capital, the JOBS Act amends the securities laws in several ways, which include the following:

(i)                  Establishes a new category of issuers known as “Emerging Growth Companies” (EGCs) which are issuers that have total annual gross revenues of less than $1 billion (after December 8, 2011).  EGCs  are exempt from certain regulatory requirements until the earliest of the date (a) five years from the date of their IPO, (b) they have $1 billion in annual gross revenue or (c) they become a large accelerated filer (i.e. a company with worldwide public float of $700 million or more);

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