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employees' paychecks? What is fam- ily medical leave? Is my handbook a contract? Am I fne to discharge this employee? What makes a dis- ability accommodation reasonable? Is my warehouse safe for employees? What notices do I have to post in the break room? Do I have to give my employees benefts? While you do not want to be like The White Rabbit from Alice in Wonderland, there really is not a clear answer as to when is the right time to get an employment attorney involved in your business. However, this article can offer some guidance to ensure better protection. There are a number of phases to take into account. New companies beneft from counsel First phase. For companies just starting out, having an employment labor attorney to consult with is key. Again, any missteps upfront lead you down the path of The White Rabbit when issues occur later. For example, an employment attorney can prepare a sound handbook, advise you on the required employ- ment notices that must be posted at your establishment or risk fnes (e.g., OSHA Form 300A summary of inju- ries log, Equal Employment Oppor- tunity (EEO), wage and hour, pay day and FMLA notices) and even explain to you the different types of reporting requirements for laws such as OSHA's new reporting requirements for 2015, requiring that employers report to OSHA all inci- dents requiring in-patient treatment for just one employee and the dead- line to fle your EEO-1 report. If you've been in business for a while and have not done this, don't fret. You can always stay ahead of the game and have an employment attor- ney audit your policies and practices now to make any necessary adjust- ments to reduce any exposure or risks in the event your employment practices are not up to snuff. Second phase. I call this phase "maintenance". Once you know you have all the bells and whistles in place, you can feel confdent to run your business and do what you do to make money — that's why we are in business, right? Now you shouldn't feel the need to have to run to your employment counsel on every single employee decision (let's be honest — attorneys cost money). However, employment issues will rear their ugly heads, like drug screens or background checks gone bad, compli- cated employee discharge decisions, or keeping up with the changing employment and labor laws. For these complicated situations, that's when you can seek guidance once again from your attorney. I always say, we cannot stop employees from suing, but when they do, we'll have How to fnd a good employment labor attorney A good employment attorney will have the following attributes: Know the vending industry — Many industries have nuances. In the vend- ing industry, for example, an attorney who knows the proper way to pay route drivers under the Motor Carrier Exemption and knows if your state law requires something different, like required overtime pay, is a must. Have knowledge and skill set in employment law — A good employment attorney is going to have resources available to him or her to stay on top of the changing employment laws in your state. It is not an overstatement to say that federal, state and local employment labor laws change on a daily basis. You want your attorney to appreciate this and be one step ahead of the game. Be referred by someone — Asking for a referral from a fellow business owner is a great place to start. "If it ain't broke, why fx it?" Contribute to the industry or community — Most industries have their own trade organizations that can make great recommendations of at- torneys they have worked with or who have contributed to their publica- tions. Again, the mindset of keeping with the experience and knowledge in your industry is important. If those resources fail you, contacting your local chamber of commerce is also a great way to network since many chambers work directly with experienced employment labor attorneys who focus on businesses. Be an approachable advisor — A good employment attorney makes you his or her priority, becomes a trusted advisor and counsels you with confdence and effciency. Open discussion of fees — It is also good to address attorney fees and the scope of work to be done ahead of time so there are no surprises. YOU can't stop lawsuits, but you can be prepared. 32 Automatic Merchandiser VendingMarketWatch.com April 2015 M A N A G E M E N T