To Which Employment Laws Is Your Business Subject? The Minimum Statutory Requirements of Various State and Federal Laws.

CMRS Law Employment Law

With so many employment laws on the books, at the state and federal level, and many with different requirements regarding applicability, it can be confusing to determine which laws apply to your business.  Given the importance of different obligations, policies and restrictions imposed upon businesses by the various laws, and the hefty penalties for violating them, it is critical that …

Does Your Employee Own Your Company’s Social Media Account?

CMRS Law Employment Law

Who owns your company’s social media account? Does it belong to your business or the employee who created the account to promote your business? Absent a social media policy, the answer is not always clear and can result in costly litigation. Ownership of the account has huge implications regarding who can access the account. If an employer takes over an …

What do I do if Another Business is Using My Business’s Name?

CMRS Law Trademark

No company wants to lose business to a competitor using a name similar to its own.  Such a use can cause confusion among your customers and wrongfully associate your business with an inferior product.  What should you do when this happens and how do you prevent it from happening? When Another Business is Using Your Name The first thing you …

Patent, Trademark, or Copyright: Which Does Your Business Need?

CMRS Law Copyright, Trademark

Wondering whether your business needs a copyright, a patent, or a trademark?  Unsure as to which one you need?  Don’t worry, you’re not the first.  The type of intellectual property protection your business needs depends upon the subject matter you are trying to protect.  To ensure you are completely protected, it is important that you know what type of protection …

Top 5 Benefits of Copyright Registration

CMRS Law Common Questions, Copyright

Like trademarks, registration is not required to enjoy legal protection in a copyrightable work.  A copyright is obtained automatically by the author as soon as some creative form of expression is fixed in a tangible medium.  However, there are some significant benefits of registering your work with the United States Copyright Office.  These benefits include: 1.  Public notice of your …

Top 10 Benefits of a Trademark Registration

CMRS Law Trademark

Federal trademark registration is not required to claim your business’s name or logo as a trademark but it does offer your business the most protection.  Using your name or logo in commerce without a federal registration gives you limited trademark rights in your geographic area but federal registration with the United States Patent and Trademark Office (USPTO) has several advantages, …

What is the Family Medical Leave Act?

CMRS Law Employment Law, Government Compliance

The Family Medical Leave Act (FMLA) was enacted by Congress in 1993 and gives eligible employees the right to take unpaid leave, under certain circumstances, without retaliation from the employer.  Under the FMLA, eligible employers are required to give eligible employees up to 12 weeks of protected, unpaid leave for (1) the birth and care of eligible employee’s child or …

How Can Your Business Avoid Liability as a Result of Third Party Postings on Your Website?

CMRS Law Internet Law

If you are a website owner, you probably wonder whether you may be sued for content, like comments, photographs, or videos posted on your website by third parties.  Section 230 of the Communications Decency Act (CDA) may offer you some relief. Immunity under the CDA The CDA is a federal law enacted by Congress to promote the flow and free …

Are Non-Compete Agreements Enforceable in Ohio?

CMRS Law Employment Law

In short, yes.  It is well established under Ohio law that a non-competition agreement of reasonable duration and geographic scope is enforceable if properly made part of an employment agreement.  However, the courts will treat these agreements with skepticism and carefully scrutinize them because they are often drafted by the employer and in favor of the employer.  If the agreement appears too …

Is Your Criminal Background Check Policy Violating Title VII of the Civil Rights Act?

CMRS Law Employment Law

Criminal background checks for employment purposes are commonplace.  But recent literature from the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing employment discrimination laws, has suggested that certain criminal background check policies may violate Title VII of the Civil Rights Act of 1964 due to the varying rates of criminal activity among different minority groups. Title VII …