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Developments for Gig Economy Workers
Under US law persons doing work are either independent contractors or employees. If they do not meet the test to be an independent...

Paul Peter Nicolai
Oct 22, 20195 min read


Mass Retailers must pay OT to commission-only salespeople
Retail salespeople paid on a 100-percent commission basis are entitled to separate additional payments at one and a half times the...

Paul Peter Nicolai
Oct 17, 20191 min read


WHY EVERY COMPANY SHOULD KNOW MORE ABOUT ITS INFORMATION
Information is a company asset. Mismanaging it is like mismanaging inventory. That needs to change.

Paul Peter Nicolai
Oct 14, 20194 min read


U.S. Licensed Attorney Required for Foreign Trademark Applicants/Registrants
The United States Patent and Trademark Office effected a new rule requiring that foreign applicants and registrants have US counsel.

Paul Peter Nicolai
Oct 12, 20191 min read


Binding Employment Policies & Agreements in the Digital Age
Going electronic with employment policies and agreements requires more than just going electronic to make them binding.

Paul Peter Nicolai
Oct 7, 20199 min read


DOL Guidance adds Flexibility for Free Internships
Recent US DOL guidance opens the door to more flexible internship arrangements.

Paul Peter Nicolai
Sep 10, 20192 min read


Arbitration is a Contract
Arbitration is a contract. The contract rules what happens in an arbitration, regardless how counterintuitive the result might be.

Paul Peter Nicolai
Jul 9, 20191 min read


Avoiding Employee Misclassification
Agreeing to classify workers as 1099 means nothing, legally and is an expensive mistake.

Paul Peter Nicolai
Jul 9, 20192 min read


Retiree Medical Benefits Litigation
Lawsuits over retiree medical benefits are increasing. So far, employers seem to have the upper hand.

Paul Peter Nicolai
Jul 3, 20192 min read


Protecting Employee Health Information
Employers constantly get employee health information. Most know it is confidential but many do not know what that exactly means.

Paul Peter Nicolai
Jun 28, 20192 min read


Non-solicitation Restriction Labelled Improper Restraint
A company that provided temporary travel nurses to medical care facilities hired recruiters with an agreement restricting them from...

Paul Peter Nicolai
May 31, 20192 min read


Normalizing Hemp, CBD & Marijuana Business
State, national and international law changes are moving to normalize hemp, CBD and marijuana businesses.

Paul Peter Nicolai
May 31, 20193 min read


PERMANENT NON-COMPETE REALLY IS
A 2005 court-approved settlement agreement permanently enjoined the defendants from hiring anyone previously employed by the plaintiff....

Paul Peter Nicolai
May 4, 20191 min read


M&A Earnout Thoughts
Earn-out arrangements are often crucial in bridging price expectations between buyer and seller and getting a deal to closing....

Paul Peter Nicolai
May 2, 20196 min read


PRIVACY COMES TO THE U.S. CALIFORNIA’S NEW DATA PRIVACY LAW.
This past November, Californians were going to vote on a sweeping data privacy ballot initiative. It never made it to the ballot....

Paul Peter Nicolai
Apr 22, 20192 min read


ACTUAL COPYRIGHT REGISTRATION REQUIRED FOR SUIT
In a recent decision, the US Supreme Court ruled that an actual copyright registration from the US copyright office is required to be...

Paul Peter Nicolai
Apr 22, 20191 min read


ELECTRONIC DOCUMENT SIGNING COMPLIANCE
Face it. Printing, signing and scanning documents into PDFs is tedious and passé. Because physical closings are now rare, getting...

Paul Peter Nicolai
Apr 18, 20191 min read


ELIMINATING LIABILITY FOR LOST PROFITS
Many contracts try to eliminate liability for lost profits if something goes wrong. Saying it is one thing, doing it successfully is...

Paul Peter Nicolai
Apr 18, 20191 min read


LLC MEMBER FIDUCIARY OBLIGATIONS
Two former members of a limited liability company were sued by it for breach of fiduciary duty. They moved to dismiss the case because...

Paul Peter Nicolai
Apr 18, 20191 min read


California Joins ABC Test
California's Supreme Court has ruled that the standard for classifying employees or independent contractors should be changed from the...

Paul Peter Nicolai
Apr 4, 20191 min read
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