November 2014

New rules for telemarketing calls and text messages

The Federal Communications Commission has adopted new rules that strictly limit telemarketing calls and text messages. Businesses can no longer make pre-recorded calls to landline phones, and can no longer send pre-recorded calls, auto-dialed calls, or text messages to cell phones. The only exception is if the business has the “prior express written consent” of the customer. This prior written consent must be very clear, and the customer must be told that providing a phone number

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Be careful if contracting work is ordered by a tenant

Businesses that perform contracting work at a property are generally entitled to a “lien” against the property to make sure they get paid. This means that if the property owner fails to pay, the contractor can in some circumstances foreclose on the property, have it sold, and collect payment from the sale proceeds. These types of liens can benefit building contractors, laborers, carpenters, plumbers, electricians, architects, engineers, and suppliers of materials (such as lumber yards). Sometimes

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‘Paid sick leave’ laws appear to be spreading

There are no federal laws in the U.S. that require businesses to pay workers for sick days. The closest thing is the federal Family and Medical Leave Act, which requires larger companies to offer up to 12 weeks of unpaid leave to workers with a serious medical condition. But some cities and states are beginning to require paid sick time. Connecticut adopted such a requirement in 2012, and bills have now been introduced in the legislatures

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Sale of business interests can trigger surprise tax result

Did you know that if more than 50% of the interests in a partnership or a multi-member LLC are transferred within a 12-month period, the entity technically ceases to exist under federal tax law? That’s true even if the business continues to operate as normal for all other intents and purposes. This “technical termination rule” isn’t the end of the world, but it’s something you need to be aware of. For one thing, a special tax

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Don’t skimp on protecting your trademarks

You may have heard that you don’t actually have to register a trademark; you only have to use it in business to have a right to it. That’s true to some extent – but beware! Before investing in a business name, symbol, type of packaging, or any other distinctive representation of your business, it’s worth paying to conduct a trademark search. Sure, you could look around on Google, but that’s not the same thing as a

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Your non-compete agreements are protecting you, right? Maybe not

A lot of companies have a stack of signed non-compete agreements on file, and they assume that they will protect them in the event that a key employee leaves and wants to work for a competitor. But just because you have a signed agreement doesn’t mean it will work the way it’s supposed to. The law concerning non-compete agreements changes frequently, and it’s a good idea to review these agreements regularly with an attorney to make

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Severance agreements are challenged by the U.S. Government

It is very common for laid-off employees to be given a certain number of weeks’ salary as severance pay. Often, in return for the severance, the employee is asked to sign a contract promising that he or she won’t sue the employer and won’t make any public statements that would put the employer in a negative light. While these types of agreements are common, the federal Equal Employment Opportunity Commission recently suggested that severance contracts that

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More businesses are using part-time workers

Recent job statistics indicate that more employers are using part-timers to deal with variations in workload and for short-term projects. Here are a few tips your business will find useful if you hire part-time workers. Communicate clearly with the part-timer. Explain the person’s duties, the hours and benefits, and the individual to whom the part-timer will report. Tell your full-time staff why you’re hiring the part-timer. Make it clear what that person will and won’t be

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Self-employment gives you some tax breaks

When it comes to taxes, being self-employed has some advantages. Whether you work for yourself on a full-time basis or just do a little moonlighting on the side, the government has provided you with a variety of attractive tax breaks. Save for retirement. When you’re self-employed, you’re allowed to set up a retirement plan for your business. Remember, contributing to a retirement plan is one of the best tax shelters available to you during your working

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IRS repeats warnings about identity theft

The IRS is again warning taxpayers to be on the alert for tax scams. According to IRS Commissioner John Kaskinen, millions of taxpayers have already been taken in by scammers impersonating IRS agents. Whether initiated by sophisticated overseas operators or homegrown con artists, all bogus IRS schemes have a similar objective in mind: to steal your identity and gain access to your accounts. Phony IRS agents often use common American names and fake badge numbers. To

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