Currently, under the federal Family and Medical Leave Act (FMLA), an employee can take time off for family events, such as to care for an ill family member or when a child is born. Employees are only eligible when they work at companies with 50 or more employees, unless they work at designated governmental organizations or schools. Under FMLA, an employee can take up to 12 weeks of work off that are uncompensated. Although the employee is not paid for the time they do not work, their job is secure for that period of time.
When starting a business, there are many legal forms the venture can take. Two of the more well-known types are limited liability companies (LLC) and limited liability partnerships (LLP). Although both LLCs and LLPs have similar characteristics to corporations and partnerships, the way these structures are managed and taxed, as well as potential liability can differ.
With 2016 well underway, Business News Daily reported on challenges likely to be faced by business owners this year, including finding and keeping employees, and the availability of capital.
Often filing for patents are a part of business formation or expansion. A patent is a property right granted by the United States Patent and Trademark Office, to an individual, in order to protect a specific invention for approximately 20 years. As a legally enforceable status, proper due diligence is required to ensure a previously existing patent would not be infringed upon by a new one. Recently, The National Law Review discussed due diligence and how best to conduct research on existing patents.
The Suffolk Times reported that in June, 2015 a North Fork winery was named in a lawsuit for alleged employment discrimination against a transgendered man who worked in the Manhattan store location. The plaintiff claims that he was discriminated against based on being a transgendered male, and that his superiors spoke to him in a disrespectful manner, reduced his hours, assigned him to “menial tasks,” and eventually let him go citing downsizing, while still continually hiring new staff.
The death of U.S. Supreme Court Justice Antonin Scalia has sparked conversations about how his opinions affected major areas of business law.
Justice Scalia left what some call a “business law legacy.” Some of his more important opinions include Morrison v. National Australia Bank, Wal-Mart Stores v. Dukes, AT&T Mobility v. Concepcion, and American Express v. Italian Colors Restaurant. These cases had major impacts on business law and litigation.
There are many complexities when starting a business, such as proper incorporation, complying with codes and regulations, accounting issues, and if there are employees, employment issues dependent on the number of workers. Seeking legal advice from an experienced business attorney is essential to adhering to proper laws and regulations.
One challenge in starting a business with multiple employees is the possible issue of labor unions. Labor unions have representatives who are well versed in how to organize workers, and know the ins and outs of labor law. The Department of Labor has regulations business owners must abide by, especially if the business owner is engaging in “persuader” activities.
It’s the middle of the night. From the outside, the house, distant from the road but grand and stately in the moonlight looks completely dark except for a faint glow coming from one of the windows on the first floor. There he was staring at the screen of his laptop. Wife and kids, upstairs, fast asleep. He couldn’t rest, so there he is, trying to figure it out. A spreadsheet staring back at him. He’s a professional, businessman, very successful and he’s trying to figure a way out, but deep down he knows the numbers don’t lie. “How could this have happened to me?” he thinks. Continue reading “A Story of a Promising Real Estate Investing Business That Went Bad”
The basic role of Real Estate Attorney in a residential real estate closing is to carry out the deal negotiated by the client – that is (i) reduce the client’s deal to writing in the Contract of Sale, (ii) describe to the client what the key terms of Contract of Sale means, (iii) to ensure that the transaction occurs in accordance with those terms, and (iv) if it doesn’t extricate you from the transaction with the least amount of damage. Continue reading “Choosing a Residential Real Estate Closing Attorney”
Case Study: The following represents an actual commercial mortgage modification matter in which James E. Clark served as counsel. Names of parties and other identifying information has been changed to protect the confidences of the parties. The following represents a sampling of the type of work Mr. Clark has done in the past and in no way serves as a representation of any outcome in any other situation. The following is for educational purposes only. Continue reading “The Commercial Mortgage Modification”