Business Law Advisor
If your business interacts with consumers via email or on the web, then it’s likely that you have an online privacy policy that governs how you collect, use and store consumer information. But do you have policies or guidelines that govern how your business uses social media to engage and interact with your followers? Social media opens up new avenues for communication and engagement with consumers, but it also brings with it an element of risk. For example, perhaps your employees have access to social media at work, or are posting on...
Whether you are entering into a relationship with a customer, a vendor or an independent contractor, contracts are a fact of business. You need them because they serve as legally valid agreements protecting your interests. But aren’t contracts laden with legalese? Don’t they have to be blessed by an attorney to ensure their validity? Not always. In fact, I’ve seen contracts come across my table that are less than one page in length, in plain English, and still legally binding. How? Generally, to be legally valid, most...
Does your business source or manufacture all its goods in the USA? The “Made in the USA” tagline can be a powerful marketing tool, but it can also make good business sense. According to the Washington Post, manufacturing in the USA can be a smart investment, even in the face of cheaper offshore alternatives. The article, written by Los Angeles-based small business owner Nicholas Ventura, cites “Five ways ‘Made in the USA’ can cut your company’s manufacturing costs.” Ventura is co-founder of Youth...
Does your product do what your advertising claims it does? Perhaps you’ve invented or imported a product “that will remove even the toughest carpet stain in 10 minutes – guaranteed!” Can you stand behind that claim in a court of law? Even if you don’t realize that your claims are false, the Federal Trade Commission (FTC) or your state government can take action against you for non-compliance with marketing and advertising laws. Take for example an actual case scenario (described in this FTC blog post) in which the...
You can count on it, just like clockwork: when a new federal program or interface or system is put in place, someone is going to try to squeeze some extra cash out of people who want to use it. Here at SBA HQ, we’ve heard recently of attempts to do just that to people who want to register their small businesses in the new SAM database. SAM stands for System for Award Management. SAM, which is being developed in phases – the first was released in July 2012 – is changing the way you do business by...
The holidays tend to complicate small business payrolls, what with employees looking to earn a little extra cash and owners needing coverage for extended hours or shifts. But not all employers must pay overtime and not all employees are eligible. Confused? Here’s what you need to know about your obligations as a business owner when it comes to overtime pay. When is Overtime Due? Under the Fair Labor Standards Act (FLSA), both full- and part-time employees have equal rights concerning overtime pay (enforced by the Department of...
Starting a small business enterprise on eBay, Amazon Webstore, Etsy or even Craig’s List has become an increasingly popular option for entrepreneurs looking to get instant visibility and access to a massive online marketplace. But how do you go about becoming a serious eBay seller and forming a business around your enterprise? At what point does your enterprise become more than just a hobby? Will you need to get a business license, incorporate, and pay sales tax? Here are some answers to these and other common questions...
Do your employees drive commercial motor vehicles (CMVs) as part of your business operations? If they do, it’s important that you and they know about stringent regulations that went into effect nationwide in early 2012, restricting the use of handheld cellular phones while driving. The U.S. Department of Transportation ruling restricts CMV drivers from the following: Making a call while holding a cell phone Dialing a cell phone using more than one button It would have banned reaching for a cell phone in an unsafe manner, but...
If you hold patents, have patents pending or are thinking of filing a patent, then it’s time for you to get to know the details of the most significant reform of the U.S. patent system in more than a century. On September 16, 2012, the Leahy-Smith America Invents Act (AIA) of 2011 was signed into law, signaling an historic overhaul of the patent system. According to the U.S. Patent and Trademark Office (USPTO), the provisions of the AIA will “spur innovation and economic growth by streamlining the patent application process and...
It doesn’t matter whether you’re a freelancer, an online business or operate a growing bricks and mortar company with multiple employees. In all cases, two things are certain: 1) You must pay business taxes (of course), and 2) you need to know a little bit about business law. The problem is there are so many laws and regulations that impact small businesses, from ensuring the emails you send to your customers fall within marketing and advertising laws to trademarking your name to making sure you comply with labor laws. So how do...
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by Caron_Beesley, Community Moderator on Wednesday, January 16, 2013 - 08:37