The workplace environment has become an increasingly sensitive place. Off color jokes, birthdays cards with “Over the Hill,” “Men Working” signs, risqué images and name calling or epithets might be evidence of workplace harassment. Liability for harassment arises from many sources—for example: the Civil Rights Act of 1964 (known as…
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Your success depends on what you do—building and maintaining a competitive advantage—and your customers and clients knowing who you are. There are four key ways to protect your business’s intellectual property: trade secrets, patents, copyrights, and trademarks. Trade Secrets Trade secrets are your “special sauce”—essentially any confidential business information that…
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Congratulations! You are so busy in your new business endeavor that you have found yourself in a position to hire some additional help. Based on the circumstances, however, it may make sense for you to engage someone as an independent contractor instead of an employee. It is important to know…
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This is the last in a series covering the insurance requirements for small businesses. We have covered general liability policies, insurance requirements when hiring employees, and planning for key personnel turnover. The point here is to highlight some forms of less common insurance policies that may be a valuable asset…
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The people are the heart of any business. However, while businesses can live on in perpetuity, people move on to different opportunities, retire, or pass away. Insurance can help alleviate the impact these changes have on a business. The two most common forms of insurance are Key Person Insurance and…
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Insuring for the Future for Small Businesses Part 2: What Insurance Do I Need When I Have Employees?
Businesses with employees must take into consideration several insurance options. Businesses must meet certain state requirements, including carrying workers compensation insurance and paying unemployment insurance tax. Businesses can also leverage certain insurance as an employee benefit—most typically health insurance and disability insurance. There are also insurance policies that protect against…
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It is easy to get overwhelmed when starting up your own business. There are so many details—requirements to file with the state, bank accounts to set up, and real work to do. It is also easy to consider certain costs luxuries. However, insurance is one item small businesses cannot afford…
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At the end of most contracts there is a section of miscellaneous provisions. It is easy to overlook these provisions as superfluous legalese, but they have significant meaning for the business, most importantly how disputes are resolved. Arbitration, Attorney Fees, and Governing Law By contract, the parties may decide that…
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LLCs with multiple owners need to document their procedures for handling the expulsion and departure of members, as well as dissolution of the company. Without an operating agreement to define these processes, owners will be poorly able to execute these activities. Withdrawal or Death of a Member You may have…
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One of the key pieces of a limited liability company, and why business owners choose to organize under such an entity, is the protection it provides to a business owner’s personal assets. Including two additional provisions, an indemnity clause and a limitation of liability, can further enhance the limited liability…
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