Articles & Publications

We hope that you are well.  We know this is a challenging time for all of you—personally as well as professionally. To help you navigate the unique issues raised by the COVID-19 pandemic, we’ve identified three action items all small business owners should be taking. We hope you will find them useful in this complex and rapidly changing environment.  Like many of you, our attorneys and staff are now working remotely. If you need any follow-up assistance on these or any other matters, we’re just a phone call or email away.

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If you are a small business owner, at one time or another you have probably considered buying an improved property to house your business. The idea of no longer having a landlord to deal with or imagining a grand investment may make it seem enticing, but there are important legal considerations a small business owner should evaluate before purchasing property.

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In the midst of dealing with grief after a family member dies, figuring out the legal steps to take can be overwhelming. While many items can wait, two of them should be taken care of immediately.

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Starting a new business requires not just a great idea; it also involves an understanding of the maze of licenses required before a business can open its doors. With some careful attention to licensing requirements, business owners can operate successfully and profitably without running afoul of licensing requirements.

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It seems that every week there are new and salacious reports of sexual misconduct, which have sparked the #MeToo and Time’s Up movements. A common thread in the news reports has been that the misconduct occurred in the workplace, with higher-ups demanding sexual favors of employees and creating a hostile work environment. 
Sexual harassment not only subjects the wrongdoer to potential criminal or civil liability, it also poses risks for employers who may have looked the other way and tolerated unlawful behavior. NBC is a good case in point; it has come under fire for its handling of the multiple sexual harassment claims brought against news anchor Matt Lauer.
Companies can, and should, take steps to prevent their workplaces from becoming the type of environment where sexual harassment festers.

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Electronic signatures, also called e-signatures, are becoming commonplace. According to P&S Market Research, the global digital signature market is expected to reach $2.9 billion by 2022.  E-signatures can help to close deals quickly and efficiently, but if you think that all e-signatures are alike and have the same enforceability in the event of a contract dispute, think again.  It is essential that businesses choosing to forgo paper signatures understand the ins and outs of collecting e-signatures.

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Montgomery County is imposing a new requirement on all employers regardless of their size.  Starting October 1, 2016, employers must give paid “sick and safe” leave to almost all of their employees.

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Even though sick leave is a customary benefit, no law requires Maryland businesses to offer sick leave -- paid or unpaid--to their employees. However, employers that do in fact offer paid sick leave (or any other form of paid leave) have certain obligations under Maryland law. [We intend to address the law in Virginia and Washington, D.C. in a forthcoming blog.]

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Since Maryland is an "employment at will" state, many employers think they can terminate employees at any time and for any reason at all. While this is true generally, there are two important exceptions.

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If you're an employer, you may be required by the Affordable Care Act (the "ACA") to notify your employees by October 1, 2013, about the new Health Insurance Marketplace established under the ACA. The new notification requirement applies to you if you are subject to the Fair Labor Standards Act, meaning that you employ one or more employees who are engaged in, or produce goods for, interstate commerce with generally over $500,000 in annual business.

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