Monthly Archives: April 2013

In the Workplace: Latest Need-to-Know Employment Law News

Latest I-9 forms, ADAAA rulings, NLRB developments, new state laws and federal regulations … keeping up with the myriad legal requirements of managing your employees can be challenging for the best of us. This roundup of recent employment law updates should help: The “Employee Tricked Me Into Firing Her” Defense (Cozen O’Connor): “The NLRB continues… Read more »

Heads Up: Employers Must Use New I-9 Form as of May 7, 2013

“Human resources professionals charged with overseeing I-9 form completion or retention are encouraged to study the USCIS Handbook for Employers. It contains a wealth of reference material, including detailed information on completing and retaining the I-9 form, avoiding discrimination problems, the role of third-party recruiters and use of the E-Verify system.” (Holland & Knight) Employers… Read more »

Taking on Unpaid Summer Interns? Don’t Take on a Lawsuit, Too…

“… when a complaint is made, the price of an unlawful internship can be quite high. Failure to pay wages, failure to pay minimum wage, overtime, meal and rest violations, and related penalties and attorneys’ fees and costs can add up quickly.” (Ervin Cohen & Jessup) “Summertime, and the livin’ is easy…” Unless, of course,… Read more »

Is Crowdfunding the Best Way to Raise Money for My Startup? (Spoiler Alert: Probably Not)

Excited about the arrival of crowdfunding? You shouldn’t be, writes Brian Korn of law firm Pepper Hamilton: “When compared to other forms of private placements, crowdfunding is not a feasible option.” He explains: “Crowdfunding began with the concept of small enterprises engaging in online capital-raising through social media and raising funds from people they did… Read more »

[Startup Funding] How Do New Patent Laws Affect Your Ability to Raise Money?

[Link: AIA Impact on Start Up Capital – Sterne, Kessler, Goldstein & Fox P.L.L.C.] Does the American Invents Act help or hinder startups and emerging growth companies in their efforts to raise capital? Yes and yes, explains Robert Sterne of law firm Sterne, Kessler, Goldstein & Fox in the above video. Here’s how: AIA can… Read more »

[FMLA Watch] 5 Warnings for Employers

Employers and HR managers know: keeping up with changing employment regulations can be challenging. One of the biggest culprits? The ever-evolving Family and Medical Leave Act, which can create significant problems for companies that fail to respond to new rules and interpretations of the Act. The solution? Start here – heed these five FMLA warnings… Read more »

You Have a Great Name for a Terrific Product – Here’s How to Protect It…

“The strongest and most easily protectable types of marks are fanciful marks and arbitrary marks, because they are inherently distinctive. These marks are also easier to register because it is more unlikely that someone else has registered something similar.” (Sands Anderson) Got a terrific product and a great name for it? Excellent! Protecting that name… Read more »

Don’t Do These 3 Things to Your Workers (If You Want to Avoid EEOC Scrutiny)

For business owners, attracting attention is generally a good thing. Except when it’s from the Equal Employment Opportunity Commission… Kelly Kolb of law firm Fowler White Boggs reports on the issues guaranteed to generate scrutiny from attorneys at the EEOC, as recently outlined by the agency’s top lawyer, P. David Lopez: 1. Improper use of… Read more »

Business Owners: What Keeps You Up at Night? [Poll]

Which legal issues give you the biggest headaches? While you’re thinking about your response, here are a handful of recent legal updates on these very topics: Business Formation: Key Tips for Developing Business Plans for Entrepreneurs, Investors & Business Owners – Scott Legal Services, P.C. California’s New LLC Act Adds Confusion and Effects Little Change… Read more »

[Poll] March May Be Over, But NCAA Office Pool Madness Continues…

First, who’s going to win? Now, can employers get into legal trouble for March Madness betting pools organized by their employees? Absolutely, write Joanna Rich and Salvador Simao of law firm FordHarrison: “March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such… Read more »

Communication Between “Work Spouses” Given Legal Privilege in Massachusetts

Oh what a tangled web legal protections weave… The Supreme Judicial Court of Massachusetts recently ruled that communications between “work spouses” are entitled to the same confidentiality as those of real spouses. From Shep Davidson of law firm Burns & Levinson: “… Marcus Ayeprel was accused through an anonymous posting on his company’s intranet site… Read more »

Entrepreneurs: Raising Money to Fund Your Business? You Should Know…

Raising capital for your business isn’t your full-time job. But it’s one of the most important… Here are five recent updates that can help you do it right, from lawyers on JD Supra: Finders May Pose Risk in Private Capital Raising (Venable LLP): “Entrepreneurs, company executives, and private equity fund sponsors with a growing enterprise,… Read more »