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Do you have a military veteran, reservist or National Guard service member on your books? If so, it’s a good idea to be aware of what the law requires when it comes to handling employees who may be called to active duty – whether to a war or disaster zone. Here’s what you need to know: Know How the Law Protects Employee Rights The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the reemployment rights of service members when they return from active duty and prohibits any form of discrimination by...
by Caron_Beesley, Community Moderator on Wednesday, September 12, 2012 - 04:15
Non-compete agreements are commonplace in the workplace, particularly in specialist industries. However, their enforceability varies from state-to-state. California, for example, prohibits them entirely. But non-competes can also come into play when you sell your business, particularly if you have plans to stay in the same industry. These agreements protect the new business owner against you opening a similar business for a certain amount of time, usually in the same geographic area. So what’s a serial entrepreneur to do? If you have a...
by Caron_Beesley, Community Moderator on Wednesday, September 5, 2012 - 07:39
Got a great idea for a business? Wondering if you can patent it before someone else comes up with something similar? Technically, you can’t patent an idea for a business – for example, if you have a unique idea for an online store or a new chain of themed restaurants. However, you may be able to protect and patent a method of doing business – if it meets very specific criteria and requirements. Here’s what you need to know about what patent protection can do for your business, and about other intellectual property...
by Caron_Beesley, Community Moderator on Wednesday, August 29, 2012 - 06:49
Do you sell products online or over the phone? Did you know the law requires you to honor any claims you make about your shipping policies and proactively notify customers about delays? Enforced by the Federal Trade Commission (FTC), the Mail or Telephone Order Merchandise Rule (also known as the “30-Day Rule” by direct marketers) was prompted by the massive increase in online shopping over the past decade and spells out the ground rules for making promises about shipments, notifying consumers about unexpected delays, and refunding...
by Caron_Beesley, Community Moderator on Wednesday, August 22, 2012 - 07:19
Ever wondered if you can legally re-use or reproduce copy or content created by someone else? Whether you’re writing a blog, creating copy for your website, or using an image in your marketing materials – here are some tips to help understand what the law allows: The Lowdown on Copyright Intellectual property law is an interesting area. For example, did you know that copyright is granted the moment a piece of work is written, recorded or created? Copyright, unlike trademarks or patents, does not typically need to be formally...
by Caron_Beesley, Community Moderator on Wednesday, August 15, 2012 - 07:26
Do you use or are you thinking of using email to connect with your prospects and customers? If so, then the payoffs can be fruitful. For every $1 spent on email marketing in 2011, the estimated return on investment was an astonishing $44.25 (source: Pingdom). But did you know that every email you send to your customers, whether it’s your monthly e-newsletter or a one-to-one email sent to promote your products or services, must comply with the law? Here’s what you need to know: The CAN-SPAM Act – What It Means to Your...
by Caron_Beesley, Community Moderator on Wednesday, August 8, 2012 - 07:43
Do you have a plan for an accident or injury that occurs in your workplace? While the U.S. workplace has become a much safer place over the past century, accidents do happen. The latest data from the Department of Labor shows that nearly 3.1 million nonfatal workplace injuries and illnesses were reported in the private sector in 2010. This is the equivalent of 3.5 cases per 100 workers. Even more disturbing, the Occupational Safety and Health Administration (OSHA) reports that 4,690 workers were killed on the job in 2010. "Every day in...
by Caron_Beesley, Community Moderator on Wednesday, August 1, 2012 - 07:34
Own a small business? Perhaps you’ve heard about small business certification, but do you actually need to certify your business as small? For most small businesses, the answer is no. But if you want to take advantage of business opportunities such as selling to the government (a.k.a. “government contracting”), then you have to obtain some form of certification. Why? The federal government sets aside a variety of contracts for competition among small businesses, women-owned small businesses, service-disabled veteran-owned...
by Caron_Beesley, Community Moderator on Wednesday, July 25, 2012 - 07:49
Do you think of yourself as a flexible employer or even just a nice one? According to a recent report by the California Chamber of Commerce (and covered here by OPEN Forum) – The Top 10 Things Employers Do to Get Sued – many small business owners may unintentionally be violating employment laws even as they are just trying to be flexible or nice. Much of the problem arises from the fact that state laws vary enormously. But some of these mistakes are universal and are often prohibited by federal law. The report is worth a read, but...
by Caron_Beesley, Community Moderator on Wednesday, July 18, 2012 - 07:13
If you are new to freelancing or thinking of becoming a freelancer, you’ll no doubt have lots of questions, especially about the legal and regulatory paperwork you need to obtain and manage throughout the business year. Freelancing, particularly if you are unincorporated, is one of the least paperwork-intensive forms of business ownership. Nevertheless, you are still a business and you need to be sure you have the right licenses or permits, make estimated tax payments on time, report your earnings each year, and deal with client...
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by Caron_Beesley, Community Moderator on Wednesday, September 19, 2012 - 09:05