Topic: Law

Leave Policies: Requiring Medical Justification for Absences May Violate the ADA

Thanks to a recent Federal Court ruling, leave policies that require written justification from an employee’s doctor in support of an absence may soon become a thing of the past, writes international law firm White & Case: “In EEOC v.Dillard’s Inc., the Court held that Dillard’s attendance policy violated the federal Americans with Disabilities Act… Read more »

Employee Theft: What Are People Stealing on the Job?

No, it isn’t a headline from The Onion. On the contrary: workplace theft – from stealing merchandise to customer lists to money from the corporate safe – is serious business, exacting significant costs on companies, fellow employees and customers alike. So what are employees stealing on the job? From lawyers and law firms on JD… Read more »

NLRB Employee Rights Poster: Federal Court Upholds Rule and April 30 Deadline

Stop us if you’ve heard this one before… The National Labor Relations Board’s poster rule, requiring both union and non-union employers to post notice of employee rights under the National Labor Relations Act, is back in the news: “On March 2, 2012, a federal district court in Washington, D.C. upheld the authority of the National… Read more »

House Passes Jobs Legislation; Crowdfunding Rules Eased

With broad bipartisan support, the House passed on Thursday the “Jumpstart Our Business Startups (JOBS) Act.” The Act contains a number of measures designed to assist startups and small businesses, including in particular the removal of SEC restrictions on crowdfunding. From the Washington Post: “The House bills passed Thursday would make it easier for small businesses… Read more »

Employment Background Checks: What You Need to Know (and Do)

Be Careful With Background Checks (Sands Anderson PC) As employment lawyer Annemarie Cleary notes in the above video update, running certain background checks on job applicants can leave employers open to charges of discriminatory hiring practices. From labor & employment lawyers on JD Supra, here are five recommendations for using criminal and credit background checks… Read more »

5 Legal Matters That Can Make or Break a Small Business

When you’re running a business, making mistakes is a fact of life. But making legal mistakes – especially when they are avoidable – can mean the difference between the success and failure of your company. For your reference, a look at five legal areas that could break your business: 1.Contracts… “What’s in the small print… Read more »

Most Popular Small Business Posts – Feb 2012

For your (re)reading pleasure, a roundup of the top 10 most-read posts from last month, on social media in business, forming and structuring companies, labor and employment issues, financing a company, drafting contracts, reducing taxes, and … the federal ban on cell phone use by commercial drivers: 1.Social Media in Business: 8 Steps to Legal… Read more »

Business Structures: What’s Right for My Company?

Choosing the right business structure can be a daunting decision for an entrepreneur. To help sort through the options, here’s a quick overview of the most common forms of small businesses: Sole Proprietorship “With a sole proprietorship (also known as a ‘sole prop’), you are the business. You can operate under your own name or… Read more »

Funding a Small Business: 7 Financing Sources to Consider

Bank loans, crowdfunding, venture capital, and more: entrepreneurs looking to start and grow their businesses have multiple options. In the end, however, there are only two kinds of money: debt, which is borrowed, and equity, which is traded for ownership of the company. To help you determine which is right for your company, here’s a… Read more »

Health Care Reform: Final Rules for SBC Released

On February 14, 2012, the Departments of Treasury, Labor, and Health and Human Services published final regulations on the new Summary of Benefits and Coverage (SBC) that insurers and group health plan administrators will be required to distribute later this year. Designed to provide clear and consistent information across health plans, the SBC will enable… Read more »

Workplace Discrimination: 7 Areas Targeted by the EEOC

“The [Equal Opportunity Employment Commission] received a total of 99,947 charges of discrimination in fiscal year 2011, a slight increase from the year before… [and] filed 300 lawsuits and 261 ‘merits’ lawsuits, which include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the EEOC and suits to enforce… Read more »

8 Small Business Tax Law Changes That Could Help You Save More

The Small Business Jobs Act and the Tax Relief Act (both of 2010) might be more than a year old, but they can still help small business owners save money on their 2011 taxes. For your reference, here are eight changes from those laws that you should consider when preparing and filing your business return:… Read more »

How Many of These Essentials Are in Your Employee Handbook?

From law firm Dinsmore & Shohl, a list of ten essential policies and procedures you need to include in your employee handbook. Because your handbook is a key tool for communicating trust and establishing successful relationships with your workers: “It is the employee handbook that creates company policies, procedures and expectations that serve to avoid… Read more »

Will Crowdfunding Supporters Be Disappointed When Legislation (Finally) Arrives?

If you’re an entrepreneur or small business owner, chances are you’re following the progress of draft crowdfunding legislation currently pending before Congress. The lawyers at Davis Wright Tremaine are too. So far, they’re not particularly impressed: “I think crowdfunding is a great idea in concept, but I am afraid that crowdfunding enthusiasts are going to… Read more »