Often Legal Issues Are Overlooked Until It’s Too Late…
Compliance with Employment Laws
| Abide by fair employment practices; no discrimination on the basis of race, sex, religion, or national origin. | |
| Maintain an employee handbook with protective policies against discrimination and sexual harassment. | |
| Obtain appropriate documentation of all employees’ citizenship. | |
| Appropriately classify each employee as either an employee or an independent contractor. | |
| Meet wage standards. | |
| Make sure all workplace posters and notices are posted. | |
| Prepare and maintain records of serious occupational injuries and illnesses in compliance with OSHA. | |
| Verify filing of Department of Labor (DOL) forms. | |
| Hold employment contracts with non-compete and confidentiality clauses and protect at-will employer status. | |
| Ensure lawful termination of employees. |
Compliance with Tax Laws
| File all federal and state taxes, including employment, sales, privilege, excise, and franchise taxes. | |
| Retain complete and accurate financial records, including records of income and expenses. |
Compliance with Advertising Laws
| Ensure that the company is engaging in truthful and non-deceptive advertising. | |
| Obtain and/or verify the status of trademarks, trade names, and copyrights. | |
| Ensure that appropriate terms and conditions are posted on website. | |
| Obtain third party consent for use of third party content. | |
| Make sure domain name does not infringe on another organization’s trademarks or service marks. |
Compliance with Corporate Laws
| Ensure that the company is lawfully registered with clear ownership. | |
| Keep up-to-date copies of Articles of Incorporation and Bylaws at the company’s principal place of business. | |
| Verify that state corporate filings have been made, including annual reports. | |
| Make sure directors have been lawfully appointed and officers accurately elected. | |
| Prepare minutes for all shareholder, board, and committee meetings. | |
| Maintain adequate and correct books and records. | |
| Ensure compliance with securities laws when selling stock and other investments in the business. |
Miscellaneous Compliance
| Ensure that the company is properly registered in all states the company operates in. | |
| Secure current licenses, both state and federal. | |
| Obtain current permits for all business operations. | |
| Make sure confidential trade secrets are protected. | |
| Ensure no conflicts of interest exist in business relationships; if there are any, make sure they are disclosed. | |
| Have a written agreement that is fair, legal, and in writing for all business and business relationships. | |
| Comply with all contract provisions entered into. | |
| Verify compliance with all representations and warranties. | |
| Make sure agreements contain protection from liability for defective products and services. | |
| Ensure compliance with all environmental obligations. | |
| Have policies and procedures that ensure all data, including client data, remains protected and private. | |
| Ensure that all relations with competitors and others are in compliance with antitrust obligations. | |
| Comply with the Consumer Product Safety Act. | |
| Ensure compliance with all loan covenants. | |
| Review insurance coverage. |
Disclaimer: This document is educational information based on general legal principles. Specific facts can and often do drastically change legal results. You should not rely on this information except as a trigger to contact your attorney and obtain advice specific to your circumstances.
