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Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s business and brand. A brand owner can share their latest offerings, get people excited about new products, develop brand awareness, etc.—the possibilities are ...
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Reducing the “Insider Threat” Risk

We recently provided guidance on reducing the all hazards threat to small business. Readers may remember that we touched on physical threats to your infrastructure and equipment stemming from broken or damaged structures, debris in hallways or access routes, faulty electrical lines, etc. We made brief mention of the “insider threat” but did not dwell ...
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Why Would Employees Tease About Nooses In 2013?

It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s bad enough when one has to defend against fabricated allegations about racial slurs and name calling, ...
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Sixth Circuit Finds All Anti-retaliation Provisions are not Created Equal, but they are Legal Landmines

Generally speaking, employment-related retaliation laws prohibit employers from taking adverse actions against employees who engage in protected conduct, like complaining about discrimination or harassment, or for participating in a governmental investigation. There is no doubt anti-retaliation laws serve a good purpose, but did you know there are at least 40 different federal anti-retaliation laws? This ...
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Due Diligence – Standard Operating Procedures: Don’t Play Russian Roulette with Your Business

In order for a restaurant to run smoothly and deliver excellence on a consistent basis, Standard Operating Procedures (“SOPs”) and Sanitation Standard Operating Procedures (“SSOPs”) are an integral part of the business. No matter whether you’re a corporate chain or an independent owner/operator, it behooves you to take a moment to think about your SOPs and SSOPs. You have ...
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Improper Tip Pooling Targeted in Class Action Lawsuits

The use of class action lawsuits against large corporations over allegedly illegal tip pooling arrangements is increasingly common. This work examines the use of class action lawsuits for this type of lawsuit and analyzes two recent cases from Massachusetts and New York targeting the legality of Starbucks’ tip-pooling policy under the laws of each state ...
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Protecting Privacy in Cross-Border Litigation

The Scope of the Problem For U.S.-based, multinational organizations, privacy statutes in foreign nations have become a minefield that threaten to disrupt the day-to-day operations taken for granted at home. In one case, officers of search engine giant Google were convicted in Italy for criminal privacy violations when a third party uploaded an unauthorized video to the entity’s video-on-demand ...
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Let Me Take a Look at That Tattoo…

There is no question that tattoos, body piercings, and other forms of self-expression have become commonplace in modern society, especially among the Gen X and Gen Y demographic. As a result, employers have to deal with these issues in the workplace, even in companies that traditionally have had conservative dress and appearance expectations such as ...
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