Posts in Business Law
The National Labor Relations Board Finds Handbook Policies Violated The National Labor Relations Act

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.

Read More
What Employers Should Consider Before Switching to Fingerprint-based Time Clocks, Padlocks and Access Points

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. 

Read More
How a Company Name Can Be a Trademark

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. 

Read More
Sign on the Dotted Line – The Legality of Electronic Signatures

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.

Read More
The Importance of a Business to Regularly Update its Contracts

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. 

Read More
Protecting Alcoholics, Preventing Alcohol Misuse & Distinguishing Between the Two

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

Read More
Transgender Bathroom Access in the Public and in the Workplace

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...

Read More