Lawsuits can happen to the best of businesses, including yours. And when they do, the steps you take at the outset can mean the difference between a positive and a negative resolution. For your reference, five considerations in the event your company is sued: 1. Loose lips could sink attorney-client privilege: “Do not communicate about… Read more
If you’re a regular reader of this blog, you might’ve noticed that lately we’ve been meting out advice in parcels of five. (See for example: 5 Tips for Writing an Effective Employee Handbook, 5 Ways the NLRB Regulates Employer-Employee Relationships, 5 Considerations for Protecting Your Trademark, etc.) Really, there are only two possible paths forward.… Read more
Beginning September 23, 2012, health insurers and plan administrators will be required to distribute a Summary of Benefits and Coverage (SBC) to all participants. As its title suggests, the SBC is designed to describe benefits and coverage of a particular plan in clear language and a uniform format, and to help consumers better understand and… Read more
The National Labor Relations Act (NLRA) is the main federal law designed to regulate the relationship of employers, employees and unions. It establishes practices affecting the rights both of the employer and the employee, most often to do with workplace activities such as union elections, discipline, and privacy issues. The National Labor Relations Board enforces… Read more
An employee handbook is one of the most important communications tools available to your business. It establishes expectations for your staff, procedures for resolving conflicts, and policies regarding a range of improper and illegal behavior. Equally important, such workplace guides set forth your legal obligations and requirements as an employer, while articulating the rights and… Read more
If you’re running a business, you’ve probably got a trademark. From law firm Akerman Senterfitt: “Put simply, your trademark is your brand name. Legally, a trademark is defined as a word, phrase, symbol or design, or a combination of those things. It is something visual (but it can be a sound or even a scent)… Read more
What’s on your mind? The California Supreme Court ruling on Brinker, social media in the workplace, the National Labor Relations Board poster rule, plus a range of other small business-related legal topics. For your (re)reading pleasure, here’s a look at the most-read Small Business Support posts over the past month: 1. Brinker Ruling: 5 Lunchtime… Read more
The National Labor Relations Board’s new rules for union elections (effective on April 30, 2012) have generated considerable criticism because they significantly shorten the amount of time employers have to respond to a petition for representation. The regulations have been challenged in court, with a decision expected by May 15. Until then, five takeaways for… Read more
[Video: Tech Start-Up Legal Issues 6: A VC's Advice - Bloomberg Law] Interesting Bloomberg Law video interview with Ian Sigalow, a partner at Greycroft Partners LLC. Sigalow qualifies his startup advice as pertaining to the digital sector, however the conversation with Bloomberg’s Spencer Mazyck is of interest to any entrepreneur. Some takeaways – watch the… Read more
A growing population of military personnel returning from service and looking for work in the private sector has led the U.S. Equal Employment Opportunity Commission (EEOC) to issue two new guidance documents on the workplace rights of disabled veterans: “Veterans and the Americans with Disabilities Act (ADA)” directed to employers, hiring managers, and HR personnel;… Read more
[Link: Tech Startup Issues: Forming Your Company - Bloomberg Law] “[For employees] the whole ball of wax for these types of companies is: how much equity can I get? Can I get rich? Am I going to feel passionate about working at this company?” Business formation doesn’t happen in a vacuum. There are, as they… Read more
You’ve got mail! And, as two recent court decisions indicate, you might also have a binding contract. The rulings stand as important reminders to everyone who thinks that email communications are different because “it’s just email.” The first case involves an agreement to purchase repossessed medical equipment between a bank and a hospital. In a… Read more
The Occupational Safety and Health Act is the primary law that governs workplace health and safety. It places a number of obligations and responsibilities on employers for providing safe working conditions for all employees. Compliance with the Act is enforced by the Occupational Safety and Health Administration (OSHA), which employs a variety of methods designed… Read more
In a recent decision, the Equal Employment Opportunity Commission ruled that the Civil Rights Act protects transgendered employees from discrimination in the workplace. In its ruling, the EEOC said that Mia Macy, a transgendered woman, could proceed with a charge of gender identity discrimination against the Bureau of Alcohol, Tobacco, Firearms and Explosives. Macy claims… Read more
On April 25, 2012, the Equal Employment Opportunity Commission updated its policies on the use of arrest and conviction records when making employment decisions. The updated policy is intended to provide employers with best practices for avoiding discrimination based on race or national origin when evaluating the criminal history of current and potential employees. For… Read more