New DOL Guidance on the FLSA The Wage and Hour Division of the US Department of Labor (DOL) recently issued an opinion letter about when the Fair Labor Standards Act (FLSA) requires employees to be paid for participation in voluntary training programs . The opinion relates to a medical facility that employs staff who must complete continuing education each year [...]
You’re angry. Your employer fired you, or your neighbor plays loud music every day, or you slipped walking into the grocery store. Should you sue? Maybe not. Before filing a lawsuit, there are a number of things you should think carefully about, including these risks. 1. No matter how good your case appears to be, you might lose. 2. Even [...]
Choosing a trademark may be more difficult than you think. You might be focusing on the catchiness of the name, but there are legal considerations that should be considered as well, such as the possibility of infringing some other trademark. People often think that if they aren't aware of anyone else using the same trademark, it's okay. They may rely [...]
U.S. OSHA Guidance on Reporting COVID-19 Cases On Sept. 30, 2020, the Occupational Safety and Health Administration (OSHA) issued guidance clarifying employers’ obligations to report COVID-19 cases resulting in hospitalization or death. Under this new guidance, employers have 24 hours to report in-patient hospitalizations caused by COVID-19 and eight hours to report COVID-19 fatalities. For a hospitalization to be reportable, [...]
Many people are concerned about what will happen to federal estate and gift taxes if former Vice President Joe Biden is elected. Of course, even if Biden wins and the Democrats control both the Senate and the House, it will likely be some time before changes are implemented. Nevertheless, as we approach the end of the year, there is one [...]
Among other things, the Digital Millennium Copyright Act (DMCA), enacted in 1998 to bring copyright law into the digital age, prohibits the intentional removal or alteration of any “copyright management information” (CMI), the knowing distribution of altered CMI, and the knowing distribution of works where the CMI has been removed or altered. CMI includes information such as the title of [...]
Late US Supreme Court Justice Ruth Bader Ginsburg (a/k/a “Notorious RBG”) inspired films and Saturday Night Live skits, made cameo appearances in three operas, demonstrated her exercise routine on the “The Late Show With Stephen Colbert,” and was immortalized as a bobblehead. She also deeply appreciated the arts, including opera, theater, literature, and modern art. Perhaps for that reason, she [...]
The right of publicity is granted by the majority of states in the United States to those who commercially exploit their names, voices, personas, or likenesses, including sports figures, actors, and singers. If, like most of us, you’re not a celebrity, you might wonder what this has to do with you. There are a couple of reasons everybody should have [...]
We frequently get questions from our clients about “important notifications” from companies offering to monitor or renew their trademarks or to record their trademark registrations with US Customs & Border Protection (CBP). In the past, these scam requests have come in the mail, typically looking like invoices or letters, often containing false due dates or threats about loss of rights [...]
One of the most valuable assets a business has may be its trade secrets, and most businesses have them. A trade secret is anything that (i) gives a business a competitive advantage, (ii) has been and continues to be treated as a secret by that business, and (iii) is not generally known in the trade or readily discoverable through public [...]
