Business Law Friday: 5 Updates for Every Biz Owner

You’re a business owner and you’re doing what you love, but there is so. much. to do – and so much to know! Indeed there is, but we’re making at least one aspect of your job easy with five need-to-read business updates from law firms on JD Supra.

Open up wide, here’s your Friday dose of business intelligence, from lawyers and law firms who know:

1.Background Checks – Employers Beware!

 By Donald J. Cayea and Janette Levey Frisch: “You own a business. You want to do whatever you can to ensure that you are hiring a qualified person to perform the job. Will you conduct a background check? Beware of these pitfalls if you decide to do so…” Read entire article»

2. When Must I Pay a Non-Exempt Employee for Travel Time?

By Constangy: “If actual work is performed, you’ve almost always gotta pay. 99.99999 percent of the time. This is so, whether the work is performed at the office or factory, at a customer’s or client’s site, at the employee’s home, in the employee’s car, in a hotel room, at McDonald’s, in a parking lot, in a dark alley, ANYWHERE. And, yes, “work” can include emails, text messages, and calls from cell phones…” Read entire article»

3. Not As Bad As We Feared: NLRB Issues Guidance On Social Media

By Fisher & Phillips: “…disciplining employees for comments they make in social media is neither prohibited, nor is it without risk. Any decision to discipline or terminate employees for social media postings should be carefully weighed and reviewed with your labor counsel before implementation. It should be some comfort to know that, based on a careful reading of the most recent Advice Memos, the rules for determining when activity is protected have not changed. Purely individual gripes aired through social media are no more protected now than they were before Facebook became the rage…” Read entire article»

4. The DOL’s New App and the Dangers of Misclassifying Employees

By Snell & Wilmer: “The Department of Labor describes this app as ‘a timesheet to help employees independently track the hours they work and determine the wages they are owed.’ The concept behind the new app seems harmless; the reality, however, is more complicated. When the app is viewed in light of the DOL’s mission, public statements and actions, employers should view this app with something of a jaundiced eye. By creating its own app, the DOL has possibly demonstrated its implicit encouragement for employees to file wage and hour complaints against their employers…” Read entire article»

5. Decision Time: Trademarks and the New World of Domain Names

By Morgan Lewis: “Although some organizations are considering legal and political challenges to slow down this process, unless and until that happens, every entity with a commercial interest in the Internet needs to consider its online marketing plan in light of the dramatically new domain name world ahead. Following are some important questions that should be considered when creating such a plan…” Read entire article»

[Bonus link because you’re so good at what you do: Calculating Overtime for Salaried Employees by Franczek Radelet]

[Bonus bonus link because you are over-the-top good at what you do: Succession: Is Keeping the Business in the Family Necessarily the Best Course? by Ronald Adams}

Ok, that covers Friday. For the rest of the week, follow Employment Law updates on:

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