The IRS’ new 1099-K form is seen by some as so burdensome for small businesses, two lawmakers are pushing for a new federal law to scale it back. The 1099-K Overreach Protection Act would prohibit the IRS from fully implementing the 1099-K form, the website TheStreet.com reports. Rep. Aaron Schock, R-Ill., introduced the bill in the House on Feb. 1; Sen. John Thune, R-S.D., is set to propose a similar bill in the Senate....
There’s no worse buzzkill than getting to a nice sunny picnic spot, laying out your stereotypical 1950s red-and-white checkered blanket, and cracking open a cold Mickey’s big mouth… only to have Johnny Law step in and tell you to pour it out. Summer is a great time to enjoy a nice refreshing beer (or another chilled alcoholic beverage of your choice). But here are three places where the law might harsh your buzz:...
A dining area diaper-change at a Chipotle is generating headlines and polarizing supporters on both sides of this somewhat messy issue. A man and his family were eating at an unidentified Chipotle restaurant where his wife took the couple’s 16-month old daughter to the restroom for a diaper change, reports The Consumerist. Discovering that the bathroom had no changing table, the mom decided to change her child’s diaper on top of one of the restaurant’s tables....
Planning on remodeling your bathroom, adding a fence, or re-roofing your house? If so, you may need to obtain a permit. Fixing or remodeling a house is hard and costly enough, but figuring out which permits you need and applying for them can make the job even harder. Do you really need one? While laws may vary from city to county to state, many states, such as New Jersey and Pennsylvania follow the Uniform Commercial Code (UCC)....
Hawaii became the 15th state to legalize gay marriage on Wednesday, with Gov. Neil Abercrombie signing the historic bill after it was passed by the state Senate on Tuesday. Abercrombie’s signing comes 23 years after Hawaii’s marriage equality struggle began in 1990, The Associated Press reports. The new law will go into effect December 2. Illinois had been poised to become the 15th state to allow same-sex marriage, as state lawmakers approved a bill last week....
You may be outside your home state for a number of reasons: vacation, seeing family over the holidays, work trips, etc. But you probably won’t know what your legal options are if you’re injured while visiting another state. Odds are that you’ll be able to sue for your injuries, but there may be some twists as to how and where you’ll be able to file suit. So what can happen if you get injured in another state?...
Is your company gearing up for March Madness? After all, a March Madness office pool seems like a harmless reason to gather ‘round the proverbial water cooler to swap stories – and money. But alas, most March Madness office pools for money are illegal. Are you and your employees going to be hauled off to the slammer for running an illegal March Madness office pool? March Madness pools are pretty much illegal, according to Businessweek....
We may not be subjects of the British crown, but there’s no denying that news of Kate Middleton’s pregnancy and the royal baby has got Americans excited. For our neighbors across the pond, this baby will one day be king or queen of England. The Duchess of Cambridge doesn’t have to deal with American laws, but if she did, there are certainly some legal issues she’d be facing in the upcoming weeks....
There are cases of he-said-she-said. And then there are cases like this, of they-sued-they-countersued-they-sued-again. Kellogg Company workers filed a class action lawsuit alleging they were denied overtime pay. Kellogg denied the allegations, but also asked the court to dismiss the case, claiming that the workers had signed an employment agreement requiring arbitration. Kellogg successfully had the case moved to arbitration. Arbitration generally favors defendant employers, since the process affords employees fewer rights than court, primarily because it doesn’t offer as much discovery to plaintiffs and eliminates the ability to sue as a class....
Most doctors will be sued at some point during their career, with those specializing in high-risk procedures boasting nearly a 100% chance, according to a medical malpractice study published in the New England Journal of Medicine. Despite the number of medical malpractice suits, the study concluded that only 22% result in some sort of payment, either via settlement or jury award. Why? And what do these numbers say about the state of the health care industry?...
In a recent move by officials in the Navy, gay marriages will no longer be permissible on naval bases. Originally, a policy had been in place that spelled out what would happen after the transition away from “don’t ask don’t tell” in military branches including the Navy - same-sex marriages were to be permitted by Naval chaplains. Military attorneys are now reviewing the policy, and in a memo by Rear Admiral M....
The police shooting of Jonathan Ferrell is under increasing scrutiny since the ex-college football player’s death on Saturday. Ferrell’s family is now being represented by an attorney with experience in wrongful death cases. The Charlotte Observer reports that criminal charges in a use of deadly force case are rarely charged “so swiftly,” with investigations typically taking weeks at least, according to police experts. Since criminal charges on are the fast track, will Ferrell’s family be as quick to file a civil lawsuit for wrongful death?...
You can add Prius to the list of Toyota’s problem cars. Apparently, the Prius may now have also fallen victim to unintended acceleration problems. According to the California Highway Patrol, a Toyota Prius owned by James Sikes of San Diego was headed eastbound on I-8 near San Diego on Monday, when the accelerator became stuck and the car began its unintended acceleration at speeds over 90 miles per hour. The frightened owner called 9-1-1 and the CHP came to his help, blocking his car and shadowing him while talking him down from the acceleration problem....
No business owner wants to find themselves litigating employment issues in court, and larger companies especially don’t want to be facing off with an organized group of upset employees. That’s why many employment contracts include a clause requiring employees to waive their right to resolve disputes through joint legal proceedings, and instead arbitrate their claims individually. These mandatory or “forced” arbitration clauses have come under increasing legal scrutiny over the past decade, but the U....
If your small to medium-sized business is handling confidential medical information for clients or patients, you should know that the U.S. Department of Health and Human Services’ Office of Civil Rights will now start investigating data breaches involving less than 500 individuals. According to the announcement by HHS last month, regional OCR offices will now have the discretion to prioritize investigations of small to mid-sized health care organizations that handle, process, or possess information protected by HIPAA....
Venture capital funding for new drone startups is no longer on the rise. Despite the fact that the new FAA regulations that went into effect this past August provide certainty for companies looking to utilize drones, since the regulations were announced, drone startups have received less and less funding. Shockingly, from the second to third quarter this year, drone funding plummeted by by half. According to MarketWatch, funding for drone companies has fallen by 59 percent since last year....
Walmart jewelry for children made in China have been pulled from Walmart stores amid concerns of cadmium toxicity that were raised by an investigative Associated Press report that you can read here. According to the AP report, Chinese manufacturers have been using the toxic metal because they have been barred from using lead in children’s jewelry. The AP report said that the most startling findings were found in Walmart jewelry for children, the tween chain Claire’s and a dollar store....
Interrogatories are one of the most commonly used methods of discovery. They are written questions served by the opposing party that must be answered in writing as part of the discovery process. What exactly are interrogatories and how should you respond to them? Interrogatories are questions requiring your version of the facts and of your claims. They can be pre-printed “form” interrogatories, or specific questions asked just for your case called “special” interrogatories....
When disaster strikes, small businesses are hard hit, and the federal government recognizes this. In a Senate committee meeting this week, a Federal Emergency Management Agency representative emphasized the importance of focusing on small business rehabilitation for the sake of employment in recovering communities. The Senate Small Business and Entrepreneurship Committee also discussed implementation of a law passed in November to specifically assist business owners who need to rebuild, reports USA Today....
Small business owners who incorporate may wonder if their company is considered a “closely held corporation,” especially in light of the U.S. Supreme Court’s recent Hobby Lobby decision. As you probably know, closely held corporations like the craft-store chain Hobby Lobby are now eligible for an exemption from Obamacare’s contraceptive mandate, so knowing the distinction can have real legal consequences. So what exactly is a closely held corporation? Closely held corporations are ones that generally have the majority of the company’s assets held in very few hands....
