If you’re thinking of starting a business (or already have a business in the works), make sure that the name you use is not already taken. Original names are essential for three reasons: marketing power, clarity, and trademark infringement avoidance. For example, if you’ve decided to open a coffee shop, it’s fairly easy to determine that the name “Starbucks” is …
Ask Cari: What Does “At Will Employment” Mean?
The term “at will employment” may be interpreted many ways by a lay person, but it is actually a legal term meaning that either party (employer or employee) may terminate employment at any time without notice for any reason (with limited exceptions), unless there is a contract stating otherwise. However, a contract may modify that by wording such as “I …
New York Employment Law: Sick Days in New York City
In New York State, there is no requirement for employers to provide sick day benefits to employees (either paid or unpaid). However, Section 195.5 of the New York Labor Law states: “Every employer shall notify his employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours.” If an employer does not …
I Need To Hire Someone for My Business; What Do I Need To Know?
The goal of most businesses is to grow – at least somewhat. However, in order to grow or to be able to step away from the business for a personal life, vacation, or other ventures, you’ll need help with day-to-day operations. If you’ve never hired someone before – or it’s been a long time – don’t worry – here’s the …
Ask Cari: I Have a Problem with Employees Missing Shifts. Should I address this in my Employment Handbook?
I always tell my business clients that having an employee handbook is imperative. It is, essentially, the laws of the employment relationship. It can be as detailed as the employer would like and can cover anything that might arise affecting the employer/employee relationship. While many state and federal laws govern certain aspects of the employer/employee relationship, a lot is left …
4 Social Media Mistakes that May Put Your Company’s IP at Risk
Being active on social media is hardly a choice anymore for small to medium sized businesses—it’s a given. After all, your customers are there. Connecting with your target audience in the social web can boost your brand and level the playing field between you and big competitors with larger advertising budgets. But before you rush out to tweet a deal …
5 Steps to Take When Winding Down Your Business
There are many reasons business owners close up shop, including retirement, starting a new venture or, hopefully, because they’ve won the lottery. No matter what the reason, it’s important to diligently wind down a business before moving on. Here are five steps to take: Reach consensus. If you’re a sole proprietor, then the only consensus you need is your own. …
Laws, Rules, & Regulations That May Not Apply To Small Businesses
An extraordinary number of laws, rules, and regulations govern businesses and their employees. A small business, however, may be exempt from one or more of them depending on its number of employees. For example: Discrimination Laws. Small businesses may be exempt from Title VII, the ADA and the ADEA: Title VII. Title VII prohibits employers from discriminating against employees on …
5 Reasons Your Single-Member LLC Needs an Operating Agreement
An operating agreement is a contract that controls your LLC’s operations as well as member interaction with each other and with the LLC. You may think that an operating agreement is not necessary for your single-member LLC – after all – why make an agreement with yourself? Is the Operating Agreement a Legal Requirement? Most states don’t require an LLC …