Operating a small business has its rewards but also carries its fair share of liability, including the potential for slip-and-fall lawsuits, claims for defective products, and the negligent acts of employees. All it takes is a single, costly lawsuit to shut a small business down, which is why business owners and their managers need to understand their own liabilities and prepare for them. This section covers a wide variety of topics pertaining to business liability, with articles on how to minimize your legal risks, forms and contracts related to liability, slip-and-fall lawsuits, employer liability for the actions of employees, and more. Is Your Business Liability for an Employee’s Acts?Employers can be held responsible for the conduct of their employees even if the employer had no intention to cause harm and played no direct role in the harm experienced. This is because of two basic concepts relating to employer liability. First, employers direct the behavior of their employees and receive the benefit of their efforts when things work out. This notion suggests that negative consequences also “belong” to the employer. Second, employers are most likely able to compensate someone who is injured or harmed. Regardless of the fairness, the legal system wants to identify an arguably responsible party that can make the victim whole and the employer presents the best opportunity to achieve this goal.
Job-related accidents result in liability for employers under the doctrine of “respondeat superior” for the negligence of their workers in the course of their employment. If the employee causes an accident unrelated to the work this does not generally result in liability for the employer, however. If one worker injures another they are compensated under the worker’s compensation rather than a liability lawsuit. Negligent hiring or retention, unlike job related misconduct, arises from acts performed by an employee outside of their employment. The most common example of this is when an employer hires someone with a criminal record such that their customers are placed at risk. Conducting a background check on employees, especially those in contact with the public, provides some insulation from liability. Harassment among employees is a growing source of liability for employers. An employer may be held liable for harassment unless they can prove that they exercised reasonable care to prevent and promptly correct any harassment and the employee suffering the harassment unreasonably failed to complain to management or otherwise avoid harm. Business Owners and Slip-and-Fall AccidentsWhen someone slips, trips, and falls on someone else’s property and is injured the property owner is often liable on account of “premises liability.” This is particularly so when there is a dangerous condition such as torn carpeting, changes in flooring, poor lighting, a narrow stairwell, or a wet floor. Rain, ice, snow, potholes, and other obstacles may also create a hazard. There is no precise method for connecting a property-owner with the responsibility for a slip and fall accident, but situations where the owner/possessor created the condition, knew of the condition and negligently failed to correct it, or the condition existed for such a length of time that the owner/possessor should have known of and corrected the condition prior to the accident would result in liability. Free Consultation with a Business LawyerWhen you need legal help for your business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Question of Liability in a No Fault Auto Car Insurance State Moving and Relocation After Divorce from https://www.ascentlawfirm.com/business-liability-law/
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Mediation is often an ideal choice when working through a divorce, as it allows you to meet with your former partner and discuss key issues related to property division, child support, custody and alimony (if applicable). To that end, the choice of mediator could be the single most important decision you make during your divorce process. As you go through the mediation, you will discuss a number of personal and sensitive topics that could become heated. Knowing this, you should have a mediator who has these specific qualities to guide you through the process. Nothing is more important in a mediator than trust. You must both trust that the mediator is working to help both of you to come out of this process as whole as possible. The mediator should be a good communicator, be completely honest and make you feel as comfortable as possible at all times. The mediator you choose should not only focus on mediation and dispute resolution, but should also have thorough training in those areas. A mediator’s job is far too important for someone who has simply taken a couple training courses. Look for a degree, certification and/or evidence of substantial experience. While you probably will not want to make your decision based on the lowest rate you find, you should look for someone who reasonably prices his or her services. Keep in mind that the entire divorce process is expensive. You will be responsible attorney’s fees, will be coming away from the divorce with significantly less household income and could end up being responsible for child support or alimony. If the mediator bills on an hourly basis, you need assurances he or she will use time wisely and efficiently. Has the mediator published any books or articles on mediation? Does she have a blog? Is he involved in professional networks? Do your background research before making your selection. Is Mediation is Best for Your Divorce?Mediation is an increasingly used method of divorce that allows couples to work together to arrive at a mutual agreement on how to settle issues related to their divorce. In mediation, you typically work with one legal professional, who guides your decisions and turns agreements into a binding settlement. When mediation may be helpfulMediation can be a positive, constructive experience for couples that are looking to maintain — or even strengthen — communication for the sake of their post-divorce relationship. Spouses who have children may wish to work together in such a way to better their communication for the sake co-parenting their child. Also, mediation offers more control for the couple to be involved in all decisions leading to their settlement. Spouses may even bring mental health professionals, accountants and other advisers into their mediation sessions to help guide conversations and determine the best possible outcome. Mediation is a quick and relatively inexpensive way to handle a divorce. For a couple that believes they can reach the best result for their family by working together, mediation may be an ideal way to swiftly arrive at resolution. Mediation may also be detrimental. Conversely, mediation may not be appropriate for some couples that seek divorce. For instance, if one spouse plays a completely dominant role in the relationship and will take over the conversation, mediation may not be suitable. Also, if there is a fundamental issue or lack of caring that neither spouse can get past, mediation may not be worthwhile. Mediation is not advised for couples that have a permanent lack trust in each other. This type of divorce is also not appropriate in cases where domestic violence or child abuse has taken place. Divorce Lawyer Free ConsultationIf you have a question about divorce or if you need to start or defend against a divorce case in Utah, call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How to Close Your Sole Proprietorship Business What are Rape and Sexual Assault? from https://www.ascentlawfirm.com/divorce-mediation-law/ Is a corporation or a limited liability company (LLC) best for your business. Which one is going to be better for your business? Which one will be easier to create and maintain? Although this article cannot give you a firm answer one way or the other, it will attempt to show you the advantages and disadvantages of both corporations and LLCs. Is an LLC Best?Many small businesses may find that the flexibility and simplicity of a LLC makes it the better choice when it comes to forming as a corporation versus an LLC. If you plan on your business owning property, you will seriously want to consider forming your business as an LLC to avoid the problem of double taxes.
Is a Corporation Best?There will often be factors that make a corporation (C Corporation) the better choice when it comes to the corporation versus LLC decision. These factors could include:
Providing Benefits to Owners
How to Retain Good EmployeesUnlike a LLC, a corporation has a great incentive system built directly into the structure of the business that can help small business retain great employees. Corporations can offer their best employees stock options that, in addition to providing an incentive for employees to remain with a business, also provide an incentive for an employee to continue working diligently for the business. Offering these stock options is an easier way to get employees a membership interest in the business, unlike LLCs where it can often be difficult and complex to get employees into the membership circle. What about an S Corp?Under an S corporation, you only pay self employment taxes on money you receive as compensation for your services, not on the profits that pass through the corporation to you. To make this clear, suppose you get $80,000 from your S corporation for the year, $60,000 of which was compensation for your services to the corporation. You will only pay taxes (15.3 percent) on the $60,000, not on the additional $20,000.
Business Lawyer Free ConsultationWhen you need help with a corporation, LLC, S-Corporation or other business entity, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What a Car Accident Lawyer Says Salt Lake City Contract Attorney from https://www.ascentlawfirm.com/corporation-or-an-llc-for-business/ When parents get divorced (or have children outside of marriage), one of the most important determinations is who gets custody. But getting custody of your child requires an understanding of the various factors considered by family courts. What follows are some of the most frequently asked questions we get regarding child custody, joint custody, child visitation, and family law. When considering who should get custody of a child, what factors does a court look at?
Does it hurt my chances of getting custody of my children if I move out of the home and leave the children with their other parent?In short, yes, it probably will hurt your chances of getting custody of your children. Parents that leave the home, even for good reasons, may have a lesser chance of getting custody of the children when it comes time to go to court. By leaving, the judge will see an implied message from the parent’s actions. Also, assuming that the parent left the family home, a judge will probably be more inclined to grant custody to the parent that is currently residing in the home so as to disrupt the children’s status quo as little as possible.
Why is custody always awarded to just one parent?In short, no. It is very common for a court to award partial custody to both parents, otherwise known as joint custody. This type of custody arrangement normally falls into one of three forms. First, joint physical custody is where a court orders a child to spend a substantial amount of time with both parents during the course of the year. Second, joint legal custody is where, although one parent may have full physical custody, both parents must agree on any decisions that impact the child, such as their education, medical care and spiritual matters. Lastly, both joint physical and legal custody is a combination of the first two. Who will be the person deciding how much child visitation is fair and reasonable?In general, the parent with primary custodial rights over a child will get to decide what kind of visitation for the other parent is fair and reasonable. In many situations, this works out well for both parents and they can often come to an amicable arrangement regarding visitation hours and days. Is mediation better than a court setting for determining child arrangements and getting custody?Mediation is a great way to come to terms for a custody agreement instead of child custody lawsuits. The process of mediation works when the two parties, most of the time both parents in child custody situations, agree to sit down with a neutral third-party mediator. The mediator’s job is to invoke discussion between the two parties and help them come to some middle ground on which to settle. Child Custody Lawyer Free ConsultationIf you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What are Asset Protection Trusts? from https://www.ascentlawfirm.com/child-custody-law/ Closing a sole proprietorship is different –and typically much easier — than closing a corporation or partnership. For themost part, sole proprietors do not have to consult with anyone else beforedeciding to call it quits. However, sole proprietors still haveresponsibilities and obligations to tend and also may have outstanding loans topay off. Below, you’ll find a detailed hypothetical about starting and closing a sole proprietorship, followed by examples of closing a corporation or partnership. By comparing and contrasting, you should get a better understanding of how the process works. Closing a Sole ProprietorshipSue decides to sell her delicious chocolate chip cookies. After some investigating, she realizes that she could market, sell, and distribute her cookies over the Internet. After five years in business, Sue decided to close down her business. Because all states have different requirements for closing businesses, Jane checked with the Small Business Administration office in her area to determine whether she needed to notify the secretary of state,local tax authorities, or licensing entities of her decision to close her business. She found out that she is required to send a letter to the Utah Department of Commerce discontinuing the Cookie trade name. She also had to notify the Utah State Tax Commission and perhaps a the licensing entity. That completed, it was time to dismantle her business:
Involuntary Dissolution of a Corporation (Administrative Dissolution)Piggy Supply, Inc. has been in business for two years. During that time it has been wildly successful. Piggy Supply fails to deliver its annual report to the secretary of state. Piggy Supply receives a notice from the secretary of state that they will be dissolved if they do not file an annual report for the last two years within sixty days. Involuntary Dissolution of a Corporation (Judicial Dissolution)Dentists, Inc. has been in operation for three years. Due to financial mismanagement, it has failed to pay a number of suppliers over the past year. A supplier brings an action in court requesting that the court dissolve the corporation so it can be paid for all of the supplies it has supplied to Dentist, Inc. and not paid for. The court determines that Dentists, Inc. should be dissolved. It orders the business to wind-up its corporate affairs and liquidate its assets. The court also appoints a receiver to sell and dispose of the corporate assets. Dissolving a Corporation Before Business CommencesIf you file all of the paperwork with the Utah Department of Commerce, but you never actually conduct business – meaning that you never sell anything, you can shut down your business administratively. In Utah, you will file a Notice of Dissolution with the Utah Department of Commerce. Dissolving a PartnershipAfter high school, Pete, Fred, Owen and Sam, started a business. They decided to make it a partnership since they wanted a business form less formal than a corporation and wanted equal rights in regard to the management of the business. They did not bother to sign a partnership agreement in writing , but instead orally agreed that the partnership would continue until one or both of them decided to leave the business. Fred decided that he had to sell real estate for below market prices to the members in his organization. Owen asked Sam to only sell real estate at a price that allowed them to stay in business. Sam refused. Fred hired a lawyer who brought an action in court to compel the dissolution and winding up of the partnership. Business Lawyer Free ConsultationWhen you need help closing a business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Child Support When a Child is Taken by a Parent Will My Spouse Pay My Attorney Fees? from https://www.ascentlawfirm.com/how-to-close-your-sole-proprietorship-business/ Infidelity is becoming more common among people under the age of 30. It is estimated that roughly 30% to 60% of all married individuals (in the United States) will engage in infidelity at some point during the lifetime of their marriage. A change of time and technology is greatly responsible for the increase of infidelity in the last 20 years. With recent technology, people are able to connect with other people without leaving the comfort of their own homes. Tinder is an example of an application that makes the opportunity to cheat on your spouse extremely easy. A person can search for other people from the comfort of their own home without having to get out of bed. This eliminates the old method where a person would have to go out and socially interact with other people in order to cheat on their spouse. Online dating has exploded over the past decade with no signs of slowing down. Online dating allows people to interact with multiple potential partners all from a computer or phone screen. Recent research conducted by the GlobalWebIndex indicates that around 42% of Tinder users are either married or in a relationship. The main increase in infidelity has come from women. Surveys found that men are still likely to cheat on their significant other just as much as they would in the past. Surveys have found that female infidelity has increased to as much as 55% risk of infidelity during the course of a lifetime. The risk of infidelity by a female was once as low as 25%. There are several factors that give insight as to why the risk of female infidelity has dramatically increased over the past 20 years. Since infidelity is more common, it has become more socially acceptable. People, especially women, feel more comfortable than ever before when it comes to cheating on their spouse. Perhaps one of the main factors responsible for the increase of infidelity by women is the fact that women have made great strides in society over the past 20 years. Women are now feeling more confident, stronger, and more independent than ever before. Women are earning more and are becoming financially independent. Many women now feel that they are financially and emotionally independent enough to deal with the repercussions of their spouse discovering their affair. Women are also more likely now than ever to stay late at work and to travel for work related reasons, which may result in more interactions with potential partners. The amount of women that depend on their husbands for financial and emotional support is dropping by the day. With all these factors, it is not uncommon for younger people to have multiple sexual partners before they are married, unlike 50 years ago where it was more unlikely that a person had multiple sexual partners at once. People who have had multiple partners may find it difficult to transition to one partner for the rest of their lives. This can often result in an infidelity situation. Changes in time, society and technology are greatly affected the infidelity rates among Americans, especially women. As women become more financially and emotionally independent, it is estimated that the percentage of women who cheat on their spouse will continue to increase over time and may potentially surpass the percentage of men who cheat on their spouses. Free Consultation with a Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Child Support When a Child is Taken by a Parent Utah Dissolution and No Fault Divorce in Utah from https://www.ascentlawfirm.com/infidelity-in-divorce/ While starting a partnership is much easier than incorporating there are rules and best practices that should be adhered to. For example, you want to make sure the responsibilities and profit split written into the partnership agreement properly reflects the reality of the partnership. Below are answers to some of the most frequently asked questions with regard to partnership rules. What is a partnership?A partnership is an association of two or more persons who carry on as co-owners and share profits. There can be a contribution of money (a capital investment in the business project) or services in return for a share of the profits. Different Kinds of Partnerships in UtahThere are three types of partnerships — general partnerships, joint ventures, and limited partnerships. In a general partnership, the partners equally divide management responsibilities, as well as profits. Joint ventures are the same as general partnerships except that the partnership only exists for a specified period of time or for a specific project. How do you start a partnership?There are no formalities for a business relationship to become a general partnership. This means you don’t have to have anything in writing for a partnership to form. The key factors are two or more people who are carrying on as co-owners and sharing profits. Even if you don’t intend to be a partnership, if that’s how you hold yourself out to the public, then your relationship will be deemed a partnership and all partners will be liable for the obligations of the partnership (see liability issues below). Although there’s no requirement for a written partnership agreement, often it’s a very good idea to have such a document to prevent internal squabbling (about profits, direction of the company, etc.) and give the partnership solid direction. Limited liability partnerships do have a writing requirement. It’s a document that states that a limited partner has invested money into the partnership and retains little or no control over the partnership’s operations. In this way, limited partners will not be held liable for the partnership’s debt obligations and the partnership won’t be influenced too greatly by the limited partner. Do I need a Written Contract for a Partnership?The only requirement is that in the absence of a written agreement, partners don’t draw a salary and share profits and losses equally. Partners have a duty of loyalty to the other partners and must not enrich themselves at the expense of the partnership. Partners also have a duty to provide financial accounting to the other partners. For example, if you’re in a partnership, you cannot make a deal to buy from a supplier at an inflated price with the understanding that you will receive a kickback from the supplier. It’s a violation of your duty to the partnership, and your partners can demand an accounting from you regarding the deal. If you’re found to have violated your duties, the partners can sue you for damages and strip you of your profits from the deal. On the other hand, if you simply make a bad deal by signing a contract to pay a supplier an inflated price, the partnership will be forced to accept the deal. One of the potential drawbacks of a partnership is that the other partners are bound to contracts signed by each other on behalf of the partnership. Choosing partners you can trust, and who are savvy, is critical. The only other rules would be found in a written partnership agreement. Such an agreement could outline procedures for making major business decisions, how profits and losses will be split, and how much control each partner maintains. Partnerships are unique business relationships that don’t require a written agreement. However, it’s always a good idea to have such a document. Because partners share profits equally in the absence of a written agreement, you could run into situations where you feel that you’re doing all of the work, but your partner is still getting half of the profits. It’s always smart to cover major issues related to your business in writing. Am I personally liable for the partnership?Partners are personally liable for the business obligations of the partnership. This means that if the partnership can’t afford to pay creditors or the business fails, the partners are individually responsible to pay for the debts and creditors can go after personal assets such as bank accounts, cars, and even homes. For example, if the partnership dissolves and there are still outstanding debts to suppliers or lenders, those creditors can sue you personally to pay for the debts. Debts of the partnership will expose your personal assets to liability unless you’re a limited partner, in which case your liability is limited to the money you’ve invested. What’s the difference between a partnership and forming a corporation? In the example above, if you had formed an LLC instead of a partnership, your personal assets would be safe from creditors of the business. In legal parlance, creditors cannot “pierce the corporate veil”, meaning the formation of the corporate entity forms a protective shield around your personal assets. It’s a major advantage of forming an LLC, but LLCs also require more paperwork and money to register, start up, and maintain. How are partnerships pay taxes?Taxes are paid through the personal income tax filings of individual partners. As a partner, you have income through your share of the profits (or a loss if the partnership is losing money), and you report this income on your personal taxes. The partnership itself reports profits and losses to the IRS on a special form (so that the IRS knows how much you receive), and you pay the taxes on your portion. How do you end a partnership?In the absence of a written agreement, partnerships end when one partner gives notice of his express will to leave the partnership. If you don’t want your partnership to end so easily, you can have a written agreement that outlines the process through which the partnership will dissolve. For example, the partnership can dissolve if a certain event happens or it can provide a mechanism whereby the partnership can continue if the remaining partners agree to do so. What are the advantages of forming a partnership?• easy to establish Partnership Lawyer Free ConsultationWhen you want to form a partnership or need help with partnership law in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 from https://www.ascentlawfirm.com/partnership-law/ In certain situations, parents may try to regain control of child custody situations by suddenly moving with their children across state lines. These parents are typically hoping that the new state will rule in their favor — although federal law makes it a crime to relocate children without the knowledge of all parents and guardians. When a parent illegally relocates with children, it may even be considered abduction. Abduction and custody decisionsFor divorces that are filed in Utah, the state typically has jurisdiction over all custody decisions, no matter where the parent relocates the children. When a parent unlawfully takes children across state lines, authorities set out to locate the children and return them to their home state. Such a transgression can impact a judge’s ruling on future custody decisions. Typically, it is difficult for parents who abducted children to gain full custody after the event. Additionally, judges may see abduction as a form of child abuse. Abruptly relocating children without their consent or time to prepare can be extremely stressful and emotionally damaging. Further, intentionally separating children from the other parent may have an impact on their mental health for years to come. Behavior that is determined to be abusive will factor into the court’s decisions on child custody and visitation rights. Legal implications of abductionIn the state of Utah, parental abduction is illegal. Any parent who suddenly relocates children by moving them across state lines is committing a crime. If the parent does not comply with the authorities, and refuses to have the children return to their home state it may be considered a felony and can result in kidnapping allegations. Court Affirms Same-Sex Spouses as ParentsThe Courts have recently affirmed same-sex spouses are both parents to a child born during their marriage. The state of Utah, when appropriate, seeks to legitimatize the parenthood of two people who are parents to a child of their marriage. In this case, the birth mother of a child born into a same-sex marriage sought to exclude the other parent. In that case, the couple was married in a civil ceremony after the legality of same-sex marriage in Utah. The couple decided to try to become pregnant and undertook the following: • In consent documents signed by both women, the couple authorized and requested fertility services. Shortly after the birth of the child, the spouse left the household. The newborn child lived with both parents for only one week. Several months later, the birth mother filed for divorce and refused to allow her partner to visit their baby. The court, after deliberation, found that children born as a result of artificial insemination are considered the issue of a marriage. Pregnancy and parenthood are fraught with emotion. When divorce is added, the matter quickly becomes complicated. In this case, the court upheld the right of the spouse to be considered an equal partner to the birth-mother. This is a new change that we haven’t seen before. Child Support Lawyer Free ConsultationIf you have a question about child support please call Ascent Law at (801) 676-5506 for your free consultation. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 49 reviews
Non-Divorce Custody and Visitation Trademark Infringement Protection Limit Your Exposure in Business Lawsuits Keep Social Media Out of Divorce from https://www.ascentlawfirm.com/child-support-when-a-child-is-taken-by-a-parent/
Many employers offer fitness and health-related events, most commonly referred to as “workplace wellness programs,” as a way to improve the overall health of their workforce. In addition to the obvious benefits to employees of adopting healthy habits, a healthier and happier workforce is more productive, less prone to absenteeism, and can even save the employer money on group health-related costs. However, any employer wishing to improve the health of its workforce must be careful not to violate the medical privacy rights of its employees. This article focuses on the legal aspects of workplace wellness programs, including issues pertaining to the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). What is a Workplace Wellness Program?Workplace wellness programs may consist of health fairs, health education seminars, distribution of health-related brochures, medical screenings, health coaching, smoking cessation or weight loss programs, on-site fitness programs, or related activities. Since many workplace wellness programs involve health screenings and the disclosure of potentially sensitive employee information, employers must ensure the privacy of such data. Can Wellness Programs Lead Employers to Lawsuits?Yes, yes they can. Even if most wellness programs are legally compliant they can cause your business trouble. But problems arise when employee participation is mandatory; individual employees are singled out; the employer fails to obtain authorization from employees when genetic information is obtained or shared; or when decisions are based on health-related information, just to name a few examples of what could happen here. Since these programs often are administered by third-party service providers, make sure you do your research and consider consulting with an employment lawyer first. The following information highlights specific laws in relation to employer-sponsored wellness programs: Americans with Disabilities Act aka the “ADA”Federal ADA regulations regulate medical inquiries in the workplace, specifically prohibiting employers from asking about an employee’s medical condition unless the inquiries are both job-related and consistent with business needs. For example, a fire department may inquire about an employee’s physical strength because able-bodied firefighters are a necessity. But an accounting company may not make the same inquiry. Also, employers may not use any such medical or health-related information as the basis of any employment decisions. Nor may an employer penalize employees who choose not to participate. Genetic Information Nondiscrimination Act (GINA)GINA also makes certain conditional exceptions for employer-sponsored wellness programs. As with the ADA exception, GINA regulations require that any wellness program be voluntary. But GINA also requires that the participating employee provide written (electronic is acceptable) authorization meeting the following three criteria: 1. It is written so the employee (or subject of the wellness program) is reasonably likely to understand it Federal law also requires that any individually identifiable genetic data be provided only to the subject of the screening (be it an employee or family member) and the licensed health care professionals or certified genetic counselors providing the services. Neither the other employers and officers of the company nor representatives of the employer’s group health plan may inquire about an employee’s individually identifiable genetic information. Offers of cash or other incentives for participating in wellness programs must be offered to everyone in the company’s employ. Patient Protection and Affordable Care Act (or Health Care Reform Act) (or Obamacare)The comprehensive health care reform law enacted in 2010 contains several incentives for employers to offer greater health care services to their employees, including the kinds of wellness programs discussed above. The provisions most relevant to workplace wellness initiatives are summarized below: 1. A total of $2 million in grants is available to help small businesses (100 or fewer employees) establish workplace wellness programs Employer Lawyer Free ConsultationIf you own or operate a business, call Ascent Law from your free business consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
SEC Charges Former Staffer with Securities Fraud Which Asset Protection Tool is Best? Irrevocable vs. Revocable Trusts from https://www.ascentlawfirm.com/wellness-programs-at-work/ As a business, your intellectual property is one of your most important assets and you must protect it. Protecting your intellectual property includes preventing others from using your trademark, or something similar, and depends on many factors, such as:
Actively Using a TrademarkIn order to protect your trademark, you must first put the mark into “use”. Using a trademark is established by putting the mark to use in a marketplace to identify goods or services. You don’t actually have to sell any trademarked goods or services, it’s sufficient to legitimately offer products under your mark to the public. For example, Jeff creates a website for his cookie business, thebestcookies-in-the-world.com, and offers goods and services on his website under the trademark “The Best Cookies in the World”. Regardless of whether he ever makes a sell or has a single customer, his legitimate offering of cookies on his website available to public is sufficient to establish “use” of the trademark, thus he will be able to protect his trademark against infringement. He may have to engage in Trade Secret Litigation or hire an intellectual property lawyer to fight his claims, but he stands on solid ground in his claims. Using the ® or TM Symbols People sometimes get confused about the use of “R” in a circle or TM next to their trademark, but it’s really simple.
Although there is no need to register your trademark with the USPTO, it’s always safer to do so, and doesn’t necessarily require hiring a lawyer. Reserving a Trademark for the Future If you are in the planning or development stage of creating a product, you may have an idea for a product name that you’d like to trademark, but you don’t expect to actually offer the product for awhile. The USPTO allows you to file an “intent to use” (ITU) trademark registration. Filing for an ITU doesn’t itself establish register a trademark, it merely reserves the mark for future use. Here’s how it works. Once you’ve reserved your ITU trademark, you then must use the mark within six months to three years of filing the ITU. Once you actually use the mark in commerce, the “use” of that trademark back-dates to your ITU filing, so it really pays to file for an ITU if you are sure you want to use a certain trademark. For example, if I registered for an ITU trademark today, and then used the mark two years later, my actual “use” of the trademark will back-date to today’s date which can be very helpful for protecting the mark against infringers. Preventing Others from Using Your Trademark To prevent others from using your trademark, it is common to first send a “cease and desist” letter to the infringer. The letter demands that the infringer immediately stop using the mark you believe is infringing on your trademark. If the infringer ignores your cease and desist letter and continues to use the mark, then the next step is to file a lawsuit. Trademarks are a federal subject matter, and accordingly trademark infringement cases will often be filed in federal court. Most states also have trademark laws, however, so for local disputes you may be able to file your lawsuit in state court as well. Trademark Infringement Lawsuits Most people who file a trademark infringement lawsuit have two goals in mind. First and foremost, you want to prevent the future use of the same or similar mark that you believe infringes on your trademark. This is fairly straightforward and sometimes is all you may want. Second, you may be seeking damages for loss of business or other economic harm that resulted from the illegal use of your mark. If a court finds that the infringer intentionally misused your trademark, the infringer may have to pay his or her profits as damages for misuse of your mark. This is a much more complex case, but may be worth it if your business really has lost considerable sales to an infringing party. Trademark Lawyer Free ConsultationWhen you need help with a trademark case, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
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November 2020
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