Misclassifying Your Workforce

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  • Starbucks Suffers from a Holiday Promotion Gone Awry [e121]

    November 21, 2014

    Nasir and Matt close out the week by talking about the Starbucks’ promotion that resulted in untended buy one get one free offers.   The guys then answer, “Can I have one of my employees also be a contractor for special events?” Here is the image of the coupon and the tweet exchange with Starbucks from @daveraleigh. […]

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  • Should I Organize My Business as a Professional Corporation?

    November 20, 2014

    The professional corporation, or PC, is a form of business organization available under various state laws to narrow list of licensed professionals, including doctors, dentists, chiropractors and acupuncturists. Decisions about business form tend to boil down to weighing the advantages and disadvantages of any particular structure with respect to personal liability and tax matters, but […]

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  • Why the USPS Data Breach was Significantly Different [e120]

    November 19, 2014

    The guys discuss the recent data breach at the US Postal Service that led to confidential employee information being compromised.  They also answer the question, “What do I need to do to my guest room to make it a writeoff for my business?”

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  • How to Avoid Legal Liability for Your User’s Content

    November 18, 2014

    A common risk of user-submitted content is that it may infringe on the copyright or trademark of another.  Even with a disclaimer of liability and indemnification from users (discussed below), web site operators may be left vulnerable to claims for Contributory Infringement. Contributory Infringement To be held liable for contributory infringement for the acts of  users, web site […]

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  • How to Sell a Trademark and Avoiding Infringement [e119]

    November 17, 2014

    Nasir and Matt start the week by discussing Ohio State University suing a t-shirt company for trademark infringement and unfair competition after t-shirts were sold with school names, logos, and slogans.  They then answer, “Many years ago we bought up a bunch of trademarks for potential names for new product lines. Someone approached us to […]

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  • Are Restaurants Legally Allowed to Play Music and TV? [e118]

    November 14, 2014

    The guys end the week by discussing a recent lawsuit in New York involving restaurants being sued by the music industry for playing music. They answer the question, “One of our former employees filed a frivulous lawsuit against us. Our attorney is reluctant to countersue for malicious prosecution so should I just forget about it?”

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  • Net Neutrality and Small Business

    November 13, 2014

    Why is everybody yelling about net neutrality, and why now? Actually, it’s a very big deal for small businesses with an online presence, and the Federal Communications Commission may have added fuel to the fire by sending confusing messages about its regulatory intentions. In the political world, it seems to put the President at odds […]

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  • How Small Businesses Handle Security Breaches [e117]

    November 12, 2014

    The guys talk about the email Nasir received about AmmoToGo.com informing customers of a security breach.  They then answer the question, “Every quarter we have to take care of some corporate stuff and many of my employees are required to work on the weekend. Some of the employees have voiced complaints but can I legally […]

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  • Ammo To Go’s Remarkable Response to Data Breach

    November 11, 2014

    Earlier this month, AmmoToGo.com, an online ammunition retailer, sent out an e-mail to  customers disclosing the theft of consumer information including e-mail addresses and passwords. The e-mail provided a link to a password reset page and offered assistance to stop possible SPAM from anyone who might have purchased the list. It’s a remarkably pro-active response […]

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  • Executive Leaves Lyft for Uber and a Lawsuit Ensues [e116]

    November 10, 2014

    Nasir and Matt talk about the COO who left Lyft for Uber and is now being accused of breaching confidentiality agreements and soliciting employees.  They then answer, “What is some good advice to avoid copyright infringement issues?”

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