You may not be aware, but the NLRB (National Labor Relations Board) has opined on numerous occasions that various common handbook provisions are unlawful under the NLRA (National Labor Relations Act) because they may have the effect of inhibiting employees from engaging in protected activities, such as discussing wages, criticizing management, publicly communicating about working conditions and discussing unionization.

Clients often ask me about the application of non-competition agreements because they seem to be everywhere. An employee is subjected to a non-compete agreement, or an employer is trying to subject its employees to a non-compete agreement. 

The age-old requirements of contract law continue to stand the test of time: offer, acceptance, and consideration are the necessary elements to create a contract.  

Employers are always looking for the most effective way to maintain integrity in time keeping of employee hours for work performed. Several companies now offer time and attendance solutions that incorporate the use of fingerprint identification technology and purport to eliminate a term called “buddy punching” for hourly employees. 

If you don’t already know, a trademark is a recognizable sign, design, or unique expression related to products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are being displayed on company buildings. 

The legal requirement of the parties to a contractual agreement to execute their signatures effectuates not only the execution of the agreement, but identification and proof of enforcement against the parties to be charged to the agreement. As important the signature requirement is for agreements across the world and in all areas of commerce, it is not always easy or convenient to get signatures; in fact, waiting for signatures on a contract can delay business transactions. To avoid delays and keep up with the ever-changing world of technological advances, digital signatures are becoming an accepted practice.

Employees are always asking questions about the FMLA (Family Medical Leave Act). For employers, it is definitely a challenging part of human resources duties. When an FMLA leave falls on a holiday, it becomes even more complicated. 

The world is based on a series of transactions and each day, transactions are occurring to keep global commerce moving forward. Transactions are referenced in contracts to protect the sanctity of the agreement between two parties doing business together; moreover, contracts provide individuals and businesses with a legal document stating the expectations of both parties and how negative situations will be resolved. 

It may sound like common sense but not every company thinks it has certain connections to liability when employees are using company cell phones. For one matter, using a cell phone and multitasking is a way of life for most people – especially employees.  

It has been a longstanding pillar in the law under the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”  Despite this statutory protection (if it is deemed one qualifies as such under the ADA), courts have consistently held that employers can have legitimate work rules that prohibit alcohol use in the workforce.  However, the line between having a protected disability and engaging in unprotected misconduct while working is not always clear

Although the issue is gaining more legal traction in recent months, there is no federal statute explicitly addressing employment discrimination based on sexual orientation or gender identity. However, the Equal Employment Opportunity Commission (EEOC) interprets Title VII of the Civil Rights Act of 1964 to cover discrimination...

Arguably, one of the most important decisions that will affect the ultimate success of a business, whatever its size is the decision of how to incorporate that business. There is a fairly wide range of choices to choose from, from sole proprietorships on up to regular C corporations.

Your personal assets can be used to satisfy a legal judgement against your business if you don't maintain the proper corporate formalities.  Make sure you are up to date with your filings and your corporate book has the following: