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Showing 38 posts in Closely Held Businesses.
Looking at those Amazon non-competes from a Kentucky perspective, P.2
In our last post, we began looking at a non-compete agreement Amazon has been imposing on warehouse workers, even temporary workers. We’ve specifically been looking at how the agreements might fare under Kentucky law. Having offered some brief comments on the non-compete agreement from the standpoint of several factors of Kentucky law, let’s look at a couple other factors. More >
Looking at those Amazon non-competes from a Kentucky perspective
We’ve been talking about non-compete agreements on this blog, first focusing on the various factors judges consider when evaluating the legality of such agreements and then looking at the non-competes to which Amazon.com routinely subjects even temporary warehouse workers. As we noted last time, there are some who think that the Amazon non-compete agreements have a very broad applicability in terms of the type of work and the geographical location in which employees are barred from seeking work after leaving Amazon. More >
Should these non-compete agreements be enforced?
In our last couple posts, we’ve been speaking about non-compete agreements and the way they are evaluated by courts in the state of Kentucky. Given all that we have discussed, it is interesting to look at the way a massive online retail company handles its own non-compete agreements with low-wage earning employees. More >
What factors bear upon the enforceability of noncompete agreements? P.2
In our last post, we began speaking about some of the factors that are taken into consideration when determining the enforceability of non-compete agreements. We've already mentioned that the fundamental consideration is whether the agreement is reasonable and that there are a handful of factors judges look at when determining the reasonableness of a non-compete agreement. More >
What factors bear upon the enforceability of non-compete agreements?
For businesses, non-compete agreements can be an important way to protect their interests in work product, resources and other knowledge to which employees become privy in the course of their employment. Non-compete agreements, though, are only effective when they are properly drafted, and it is important for businesses to have a strong grasp of the requirements for a valid agreement and to make sure they implement processes to ensure the validity of any agreements they negotiate with employees or prospective employees. More >
Letters of intent in construction project negotiations
Anyone who works in the construction industry knows how important it is for everybody to have the same understanding about the terms of a project, including the materials needed, deadlines to be met, and the procedure for resolving disputes. Without a reasonable degree of certainty about these things, there is always the risk that something will go wrong and that money will be lost. More >
Letters of intent in construction project negotiations, P.2
In our last post, we began speaking about letters of intent and their use in negotiating the terms of construction projects. As we noted, letters of intent are not contracts, but courts do sometimes enforce them as binding, depending on what the parties intended by the document. In cases where it is evident that both parties intended to be bound, they may be enforced by a court. In cases where parties did not intend to be bound, they may not be enforced. It depends on the circumstances, though. More >
Work with attorney to maintain ownership of business
In a recent Forbes article, contributor Steve Parrish wrote about an interesting issue that most closely-held businesses, often family-owned, face in some way or another: how to maintain control over a business. The problem is not a small one, because failure to properly plan can create a situation where ownership of the business falls into the hands of individuals who aren't right for the job. More >
Public invited to offer comments on exactly what constitutes closely held corporation
Readers may remember that the Supreme Court decided a case back in June that closely held corporations were exempt from providing contraceptive coverage to their employees under the Affordable Care Act. As commentators have pointed out, the decision left undecided exactly what closely held corporations are. More >
The Not-So Golden Arches Decision
On July 29, the National Labor Relations Board's (NLRB) Office of the General Counsel released a statement that McDonald's, Corp. can be held liable for the employment decisions made in its franchised outlets, which tally nearly 14,000 in the United States. Since 2012, 181 cases involving McDonald's and alleged workplace violations have been filed with the NLRB. Of these 181 cases, 43 cases have been found to have merit and will now proceed with McDonald's as a joint employer unless the parties can reach a settlement. More >
