Legal

The Americans with Disabilities Act, or ADA, requires that employers make reasonable accommodation for employees with disabilities, unless it creates undue hardship. This will have implications for employers during the COVID-19 pandemic. 

The Cares Act economic provisions include broad assistance and incentives to shore-up businesses and institutions impacted by the COVID-19 pandemic.

When faced with negotiating damages waivers, it is critical to recognize the language used and what it tries to capture. That way, if a breach occurs, the parties are not forced to rely on what a judge believes falls within the broad legal definitions of damages.

Recently there has been a change in the commercial general liability insurance marketplace that upends normal expectations. 

There is a battle in most states these days regarding how to define when an independent contractor is actually an employee. It is a battle that involves politics, legislatures and voters. And for companies misclassifying workers there are real risks of penalties, fines and even criminal charges.

Boilerplate terms can lead to uncertain commitment that, if left unaddressed, results in gaps where liability can arise, or contractual rights are limited. Addressing these gaps at the time of contracting is essential.   A recent court decision from the Court of Appeals for Indiana, A House…

Social media is a powerful recruiting tool. It is estimated that upwards of 80 percent of companies currently use social media platforms when recruiting prospective employees. While social media provides information and exposure for those looking to hire and those looking for jobs, the…

When using temporary labor from staffing companies or labor pools, clearly define the roles and responsibilities of the primary employer and the host employer. Not doing so could result in a joint-employer status and thus joint liabilities. Like many trades, glass and glazing companies find…

Software is king. Today’s business environment relies on global platforms that are available to all users on an instantaneous basis. This environment is most obvious in the modern growth of “Software as a Service,” or SaaS. The range of SaaS offerings includes things used every day, such as…