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Legal

August 06, 2009

How to Protect Your Ideas from Competitors

Is your intellectual property—the products you sell, the way you package your services or the technology you offer—protected? Before images of lawyers and legal squabbles flash through your head and make you run for the hills, think for a minute about the ramifications of NOT protecting the innovations that make your business unique. Now that the market is truly global, it pays to protect what's yours, especially if your business has any Internet presence at all.

The New York Times offers this quick guide for small business owners who want to learn more about how to safeguard intellectual property. In this guide, you can also learn about common myths that small business owners share about intellectual property, including: it's not worth the time and money to protect; all you need is a trademark to secure your brand; and a patent gives you the right to produce whatever you want. Bonus: You can also find some helpful tips and links to give you a jump-start on safeguarding your ideas and innovations.

August 18, 2008

How Supreme Court Rulings Affect Your Small Business

If watching Law and Order is as close as you get to caring about our country's legal system, you might want to think again. Some 40 percent of the Supreme Court's cases affect business owners. So how did entrepreneurs fare this session? Elizabeth Milito, senior executive counsel for the NFIB Small Business Legal Center, breaks it down for MSNBC readers in this article.

November 29, 2007

Be Careful When Hosting Office Parties

Hosting an office holiday party can become a legal nightmare if you don't take certain precautions, according to today's Tools & Tips on NFIB.com. While many company events go off without a hitch, some situations can lead to big trouble for your employees--and for your business. If you're not sure the traditional office party will work for your company, read today's Tools & Tips for alternative ways to celebrate the season.

August 14, 2007

How to Comply With Disability Laws

On your list of things to worry about as a small-business owner, add: Comply with disability laws. Though the Americans with Disabilities Act might not be something you think about on a daily basis, making sure your property and facilities are compliant is important. If you have 15 or more employees, you must accommodate disabled employees. But even if you're just a solo owner, you have to provide accessibility for disabled customers. In this Washington Post blog entry, the NFIB Small-Business Legal Center's Elizabeth Gaudio explains how to best protect yourself.

August 06, 2007

Hiring Employees With Disabilities

Driving along a fairly well-traveled road in Nashville, Tenn., I used to regularly see a middle-aged man dressed in a Target employee shirt walking on the shoulder. Every so often, he'd turn around and wave enthusiastically at passing cars, and then continue on, obviously on his way to work at the major retailer's store a few miles away. I always enjoyed seeing The Target Man (as I called him) and was impressed with him for his cheery outlook on life and with the store for employing someone who appeared to have a developmental disability.

This story in the Wall Street Journal's online CareerJournal.com proves Target isn't alone. Lots of businesses (big and small) are finding the benefits of employing people with mental or physical disabilities. "One thing we found is they can all do the job," says Randy Lewis, a senior vice president of distribution and logistics at Walgreen, who is quoted in the article. "What surprised us is the environment that it's created. It's a building where everybody helps each other out."

August 03, 2007

Finding a Partner—in Law and Finance—for Your Business

Hiring a lawyer or an accountant to assist you in your business is serious business. That's why it's important to hire someone who's not only experienced enough to do the job, but also fits well with the company, writes Joyce Rosenberg in a recent Associated Press article in the Salt Lake Tribune. The article offers tips for owners making this decision, a few of which include:

•If you get the name of accountants or lawyers through networking or referrals, be sure to interview them (and their clients) before putting them on the payroll. While a good recommendation means a lot, background checks and chemistry is also crucial.

•Ask yourself: Is this the right person to suit your needs? Make sure that the professional has experience in your industry and has worked with businesses your size.

•Know how much you will be charged. It's crucial to discuss fees and what services you can expect. You don't want to open a bill down the road and discover that you have to pay for the shortest of phone calls.

May 31, 2007

New Federal Minimum-Wage Law Explained

On May 25, President George W. Bush signed the Fair Minimum Wage Act of 2007 into law, raising the minimum wage of $5.15 per hour to $7.25 per hour by July 2009. The increase will occur in three phases:

  1. Beginning July 23, 2007, the minimum wage will be $5.85 per hour

  2. Beginning July 23, 2008, the minimum wage will be $6.55 per hour

  3. Beginning July 23, 2009, the minimum wage will be $7.25 per hour

Many states have minimum-wage laws that differ from the federal law, but employees must be paid the higher of the differing wages. Read today's Tools & Tips on NFIB.com for more information on the new federal minimum-wage law, including exceptions.

April 17, 2007

Forced to Get Fit

Most people are not motivated to get into shape, unless, of course, their employer is doing the motivating. With group premium rates rising astronomically—87 percent since 2000—employers are taking matters into their own hands and finding new ways to lower insurance costs.

According to attorney Gary Mathiason in this article from the Society of Human Resource Management, “A hefty portion of those health-care costs includes preventable illnesses arising from unhealthy habits.” Many employers are incorporating employee wellness initiatives to promote healthier lifestyles, which will result in cheaper health care. These initiatives often include annual health risk assessments for all employees to determine whether or not an individual needs to consult a health coach to form healthier habits.

Promoting good health seems to be a good idea on the surface, but many legal issues come into play when employers incorporate employee wellness initiatives. Read on to find out the pros and cons of implementing a similar system for your own employees.

March 09, 2007

Finding Legal Help for Your Business

Unless you're running a law firm—or found your calling as a business owner after spending a few years in law school—chances are you don't know much about the law or how it applies to your business.

There's lots of help out there—from self-service legal advice Web sites like Nolo.com to full-time attorneys you can call on whenever you have a question—but how do you know when you need to do a little research on your own and when to call in the professionals?

This week's feature in The State can help you figure that out. From choosing the right corporate structure to picking the perfect lawyer, this article covers the legal basics for small business. For tips on putting company policies in writing, check out MyBusiness' Rule of Law department, written by the small-business legal experts at the NFIB Legal Foundation.

February 28, 2007

Beware of 12 Common Tax Scams

Just in time for tax-filing season, the IRS has released its dirty dozen list of the most blatant scams affecting American taxpayers. Most of the false information comes from scam artists who peddle the schemes by phone, but the IRS also warns taxpayers to be weary of tax preparers who promise inflated returns.

Topping this year's list is abuse of the telephone excise tax, a one-time refund of previously paid long-distance telephone taxes. Early returns show that some filers are requesting refunds on their entire phone bills rather than the 3 percent tax. Find more information on how to determine your telephone excise tax refund on NFIB.com.

February 15, 2007

Rid Your Business of Poor Performers

Every office has them. The "bad apples" who can poison an entire team with their negative attitudes. A recent study from the University of Washington's School of Business discovered just how badly one person can affect an entire group. The authors of the study also found that very few organizations have effective measures in place to deal with problem employees. In a recent MyBusiness article, the NFIB Legal Foundation offered advice on how to rid your staff of these poor performers without risking legal action.

Source: Management Issues

February 07, 2007

Somebody's Eyes Are Watching

Small-business owners beware: The IRS is watching you. An article in American Business Daily explains that members of the Senate Finance Committee recently asked the IRS to come up with a plan for closing the estimated $290 million tax gap (the difference between what federal taxpayers owe and what they actually pay). Upon hearing its assignment, the agency pointed to business owners as the biggest source of the problem, claiming that underreported business income makes up one-third of the tax gap.

This issue has NFIB written all over it--the small-business advocacy group refuses to stand by and let the government balance its books on the backs of independent-business owners. A story in the current issue of MyBusiness magazine explains why the IRS is barking up the wrong tree.

October 02, 2006

We're from the government, and we're here to help

Finally, something from the federal government that is useful for small-business owners. Business.gov, dubbed as "the official business link to the U.S. government," relaunches today, providing one-stop shopping for business owners looking for information on how to comply with government regulations.

Managed by the Small Business Administration, Business.gov compiles information from 21 federal agencies in an effort to improve the way the federal government serves citizens and businesses.

First launched in 2004, Business.gov originally focused on resources for starting, growing and managing a business. But focus groups revealed that what business owners really wanted was help dealing with the all the paperwork and rules about running a business. The easy-to-navigate site is divided into topics and industries.

September 25, 2006

Fighting Fires--And Other Small Business Disasters

You put out fires every day. But let’s hope you never have to contend with a real fire in your small business. Disaster happens. But if you're prepared, you can recover.

A recent post on the Small Business Trends blog details what happened when the author was interviewing a small business for a podcast when, all of the sudden, the business owner had to evacuate his building to escape a fire.

Avoid the heat in your small business by checking out our latest MyBusiness Manual. It's all about preparing your small business for an emergency. Though you can't prevent disasters, you can plan for them.

September 15, 2006

What To Do When You've Been Sued

When a large corporation is sued, they usually can just call on their team of attorneys. For small business, however, it's not so easy. Since most small-business owners can't keep a staff of legal experts on hand, the NFIB Legal Foundation is here to help. Today's Tools & Tips article on NFIB.com offers advice on what to do after you've been served with a lawsuit, such as:

  • Do not ignore the lawsuit. The most important point is to never ignore the claim, no matter who makes it or where it comes from; always be ready to act immediately.

  • Contact an attorney. Despite any fears toward lawyers, do not hesitate to get legal advice. Call your attorney, or if you don't have one, find one quickly. Typically, an attorney will have around 30 days to respond to all the claims, leaving precious little time for delay.

  • Organize information. Gather all documents together in a logical order that the attorney can easily access. Don't destroy any documents, including e-mails or other electronic records, related to the case.

June 11, 2006

Kelo's Eviction Is Eminent

Susette Kelo may be evicted from her pink home soon, following a vote last week by New London, Conn.'s City Council. Kelo and her neighbors sparked a national debate last summer when their lawsuit against their hometown reached the Supreme Court. The homeowners claimed the city could not evoke eminent domain to seize their property and transfer ownership from one private owner to another. The City of New London is condemning Kelo's house (and others like it) to make room for a private health club, office space and other unspecified development projects. The Supreme Court outraged property owners by siding with the city. Now home and business owners must worry about being sent packing if local government decides an owner's property is better suited for bigger businesses.

The June/July issue of MyBusiness follows two small-business owners caught in eminent-domain battles keep their property. Though 47 states have introduced, considered or passed legislation reining in private-to-private eminent-domain abuse, it may be too late for Kelo. The Council's evication vote signaled Kelo's fight may soon be over--and she may be forced to move.

June 05, 2006

Land of the Free (Enterprise)

The Land of Opportunity provides a pathway to business ownership for many immigrants, according to a Kauffman Foundation study highlighted in this American City Business Journals article. The study found that immigrants are more likely to be entrepreneurs than native-born Americans, an interesting stat to consider regardless of which side of the fence you fall on in the immigration debate.

An article in the current issue of MyBusiness profiles a business owner born in Vietnam who followed her dream of entrepreneurship when she came to the United States at the age of 17. Today, Luna Howard runs a successful salon on Capitol Hill and was even tapped by the First Family to style hair during Bush's most recent inauguration.

May 04, 2006

NFIB and DOL: Keeping Youth Employees Safe

To promote positive and safe work experiences for youth employees of small businesses across the country, NFIB and the Department of Labor together have formed YouthRules! In this partnership, they will work together to develop and distribute information through print and electronic media to help keep youth workers safe.

Today's Tools and Tips column on NFIB.com deals with the expanded protections for under-18 workers in cooking, roofing and driving jobs, and offers details on the latest amendments to rules pertaining to youth workers in those industries as well.

April 24, 2006

Summer Help

As summer approaches, high-school and college students will be taking a break from the books. Why not put them to work in your small business? Whether you're planning to hire your next door neighbor's child or your own, there are rules that limit the number of hours and the type of job teenagers can work. The Department of Labor created YouthRules!, a Web site full of resources, tips and frequently asked questions to keep employers straight. The rules aren't too complicated, but penalties for breaking them are substantial. The time students spend in your small business might inspire them to start businesses themselves one day. Help teenagers you know get a jump on business ownership by introducing them to the NFIB Young Entrepreneur Foundation scholarship awards program, created to help fuel the future of America's free enterprise system.

April 21, 2006

Who's Eligible for Overtime Pay?

Determining whether an employee is eligible for overtime pay can be confusing for employees and employers alike. On NFIB.com today, Beth Gaudio from NFIB's Legal Foundation summarizes who is exempt or non-exempt, and what that means for them--and you--in terms of overtime pay.

April 10, 2006

Before You Sign a Lease

After almost 17 years in the same building, my mom and dad (who own a small business in Alabama) have decided to move to a new office complex that's under contruction in the town where I grew up. It's been so long since they've negotiated a new lease that I'm sure they'll be extra careful and cautious. In the April/May issue of MyBusiness, the NFIB Legal Foundation's Beth Gaudio lays out key points for small-business owners to consider before signing a lease on commercial space. If you're considering new digs for your office any time in the near future, it's a must-read.