March Madness is upon us, and that means that just about every work place, whether it’s an office, a shop or a warehouse, has at least one pool where employees can jump in and fill out a bracket. Billions are wagered every year. Depending on the size of a workplace and the fervor of the […]
It’s a Snow Day. Who Gets Paid?
The federal Fair Labor Standards Act (“FLSA”) sets out minimum standards for wage rates and the calculation of overtime, and defines which employees are exempt and non-exempt from these minimum standards. The FLSA governs if, and when, employees must be paid when a workplace is closed due to inclement weather or other unforeseen event. FLSA […]
Smart Advice About Boilerplate Clauses
When it comes to contracts, what we think of as “boilerplate” is often dismissed as legalese of little or no substance. “Boilerplate” originally referred to the smooth steel used in the construction of things like steam boilers and ship hulls. As applied to the written word, boilerplate came to refer to the parts of a […]
Responsibility to Temporary Employees Under State and Federal Laws
Over the past several quarters, the economic recovery has shown signs of real traction, and employers are increasing their reliance on temporary employees as they ramp up capacity to meet increased demand, whether for goods or services. Business owners who have not previously engaged temporary employees should understand how employment laws apply to their engagement […]
The Lean In Meaning and Principles of Praxis
You had to be living on a desert island to have missed the buzz around the publication of Sheryl Sandberg’s 2013 book Lean In. Sandberg’s book addressed women’s leadership issues, but the concept of “leaning in”, of being fully engaged in what you do, of learning, sharing and leading is broadly applicable, and can usefully […]
Difference Between Licensing and Franchising
For business owners who have developed high-concept, replicable businesses, especially those with clever or memorable trademarks, leveraging the reputation and the trademark of a business can generate a revenue stream distinct from that of the sale of the business’s goods or services. A business owner who has achieved significant market penetration in a local or […]
The Key Components of an Effective Buy-Sell Agreement
Blueprint for a Smooth Exit Recently, I wrote about the importance of operating agreements among the members of limited liability companies. One very important function of an operating agreement is to establish a blueprint when a member exits a limited liability company, whether voluntarily, such as by retirement, or involuntarily, by reason of death or […]
Do You Need an Operating Agreement for an LLC?
The New Jersey Revised Uniform Limited Liability Company Act (“NJRULLCA”), which went into effect on March 18, 2013, made several significant changes to its predecessor, the New Jersey Limited Liability Company Act (the “1993 Act”). One thing, however, has not changed. The NJRULLCA is a “default” statute; unless there is an agreement to the contrary […]
Copyright Protect and Fair Use
The Copyright Act of 1976 is the basic framework for current US copyright law. The foundation of federal copyright legislation is Article I, Section 8 of the U.S. Constitution, which enumerates the powers of Congress, and states that Congress is empowered “To promote the progress of science and useful arts, by securing for limited times […]
Adwords and Trademarks
Whatever you need; whatever you want, more likely than not, you’ll use a search engine to look for it online. For providers of goods and services, building an online profile and keeping it high in search results is job No. 1. Not infrequently, a company will purchase a competitor’s trademark as a “keyword” from a […]
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