Most employers have a basic understanding of the differences between independent contractors and employees. Most fundamentally, you pay wages to employees and must withhold taxes and Social Security, pay unemployment taxes, pay worker’s compensation insurance premiums and provide various benefits. None of this is required for independent contractors, who are responsible for paying their own…
The Basics of Copyright
- March 6, 2019
Mention the word copyright and most business owners will think it has nothing to do with them, and that it is only relevant to the publishing or music industry. While copyright certainly protects the authors of literary, musical, pictorial or graphic works, each of these categories are broader than commonly understood. Thus, an employee manual…
Trademark Basics for Business Owners
- February 21, 2019
For many small businesses, establishing a strong brand identity constitutes a considerable investment. Whether your business offers products or services, you want your customers to be able to easily distinguish your business from your competition. Part of that brand may be a catchy name, phrase, logo or design that you want your customers to identify…
Enforceability of Non-Compete Clauses in Employment Agreements
- November 15, 2018
Ask ten lawyers if non-compete agreements are enforceable in New York and you may receive ten different answers, ranging from “they’re not worth the paper they’re written on” to “they are absolutely iron-clad.” As with most complex legal questions, the answer is somewhere between these two absolutes, and is dependent on a variety of factors….
Protecting Your Company’s Trade Secrets
- October 1, 2018
If you are a successful small business, part of your success may be due to your use of proprietary techniques, processes or information your competitors do not have. Protecting this information is vital to maintaining your competitive edge and ensuring your continued success. Yet every day, employees, contractors or consultants attempt to take a business’s…
Finding the Right Lawyer for Your Small Business
- September 15, 2018
One of the challenges facing the small business is finding the right lawyer. Unlike larger businesses, which may have one or more attorneys in their organization, or a general counsel charged with responsibility for all of the company’s legal matters, for the small business, the task of finding and hiring the right attorney can be…
Dissolution of the Closely-Held New York Corporation
- August 13, 2018
Most small businesses with more than a single owner typically opt to conduct their business as a corporation or as a limited liability company. When these businesses are properly established, the owners will enter into a shareholder’s agreement or a well-drafted operating agreement that provides a mechanism for the sale of a minority owner’s interest…
Can I Really Be Sued for That?
- April 15, 2018
A common misconception that people unfamiliar with the litigation process share is the belief that a party needs a good faith basis to commence a lawsuit. Many inexperienced clients are absolutely mystified that a litigant can start a lawsuit against them on grounds that they believe are completely devoid of legal or factual merit. This…
Beginning April 1, 2014, under New York City’s Earned Sick Time Act (Paid Sick Leave Law), virtually every employer of New York City employees will be required to provide its employees up to 40 hours of sick leave every calendar year. The law represents a major expansion of employee rights. In this blog, I will outline the…