EPGD Business Law is committed to the health and welfare of our employees, clients, and friends. As such, we have prepared this bulletin to offer the latest developments, facts, and health tips in light of the ongoing developments of the Coronavirus pandemic.
The COVID-19 Virus (“Coronavirus”) is presenting challenges for businesses in a multitude of areas. One particularly concerning prospect is an employee being exposed to the virus and in turn contaminating the rest of the business. While employers may want to ask their employees questions about their health to evaluate the risk of exposure, employers need to be aware of the various laws surrounding this sensitive topic.
Trusts allow a third party, or trustee, of your choosing, to hold assets on behalf of a beneficiary or beneficiaries. One of the great factors of a trust, is that trusts tend to avoid probate. Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified. Probate can be a long and stressful process for your loved ones.
Every month your employer has to hold back a certain percentage from your paycheck. They have to withhold 6.2% for social security and 1.45% for Medicare. The IRS calls the withholding of income tax, Medicare, and social security the trust fund taxes. An employer is supposed to send the trust fund taxes amount to the IRS every quarter using Form 941.
With the current state of the world, you may be thinking about what you can expect if you are unable to go to work due to the Coronavirus. Employment and Labor laws can vary by state, and by county. Additionally, you may have a contract or collective bargaining agreement with your employer that determines what happens when you cannot show up to work due to a public health emergency. While your employer will most likely not require you to come to work if you are under quarantine, your employer may not be required to pay you for the time you are out.
With the pandemic that is the Coronavirus affecting the whole world, many employees may be considering staying home these next few weeks while the virus is spreading throughout the United States.
Many employees across the world are contemplating staying home with the spread of the Corona Virus pandemic. If you are in an at-will state, your employer may have a lot of power if you decide to not to show up for work.
Intellectual property consists of four regimes of law that govern different aspects of human creations – that’s why it is called “intellectual” property; they are born from the intelligence and imagination of human beings. These laws are copyright, trademarks, business secrets, and patents.
The right of attribution refers to the author’s power to be recognized as the creator of his work, and therefore the power to affirm that he is not recognized as the author of a work he has not created. It also implies the alternative of attributing a pseudonym or remaining anonymous.
The Copyright Act of 1976 grants a series of exclusive rights to the authors of original works – reproduction of the work in copies; distribution of those copies; derivative works; public display; public execution and; transmissions.
The most important function of the Copyright mechanism, for works created today, is that it serves as a warning for persons who improperly appropriate them or infringe on any copyright.
Starting a new business can be scary with all of the legal issues that arise, the taxes one may incur, the fear of losing money invested, etc. To deal with these issues, it is best you consult an attorney to ensure all of your questions are answered and there are no hidden surprises.
Divorces can be stressful, emotionally and financially draining, and sometimes even confusing. Some people do not understand how assets are divided in a divorce.
The term ‘service provider’ means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.
A trust amendment is a legal document that revises specific provisions of a revocable living trust or an “inter vivos” trust. It is only intended for making changes to specific provisions, while leaving the rest of the document in its original form and other provisions unchanged.
Sexual harassment occurs far more often than one would expect. Sexual harassment is a form of sex discrimination which violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees in any capacity, whether it is a private workplace or a government agency.
The FDD must be given to the potential Franchisee 14 days before the Franchisee is able to sign the Franchise Agreement. The purpose of such disclosure to a potential Franchisee has historically been to allow the Franchisee to make an informed decision. An FDD typically includes a fees chart, the franchise’s legal and financial history, along with other terms and conditions of the operation of the franchise.
When a nonprofit corporation decides to close its doors, there are steps that the organization must follow to legally terminate its operations or dissolve. Similarly, to for-profit corporations, nonprofit corporations must file Articles of Dissolution with the Florida Department of State. But that is not the final step.
Voluntary dissolution is an action taken by shareholders or incorporators to dissolve a corporation. This process is typically initiated by a vote of the corporation’s stockholders. Under a voluntary dissolution, the company will stop to exist as a legal entity.
Client lists are usually labeled as “confidential” and within the company access to them is limited. Other companies divide their client lists by sales/business geographical territory to minimize access of employees to the lists even more.
Under Florida statute, a court can enforce an attorney’s fees clause even if the original language of the clause did not provide for attorney’s fee for that specific party. This is called reciprocity.
Negotiations arise in the face of a conflict of opposite interests; because if there was no conflict, there would be no need to make concessions. But just because there are converging interests does not mean that there must be conflict between those who represent them.