Free Enterprise - The FindLaw Small Business Law Blog

March 2018 Archives

Marijuana Entrepreneur Sues San Bernardino Over City Ordinance

Although marijuana continues to be decriminalized or legalized in states throughout the U.S., it's still a highly regulated business. And, this can lead to certain businesses feeling like certain laws and regulations are unfair. For example, Stephanie Smith, who owns Bubba Likes Tortillas, has filed a lawsuit against San Bernardino over an ordinance that addresses commercial marijuana businesses.

Bubba Likes Tortillas owns property that's used for marijuana businesses, and according to the lawsuit, a city ordinance that was approved by the San Bernardino City Council violates Prop. 64 and other California laws.

Tips to Improve Workplace Safety on a Budget

Ensuring you have a safe workplace benefits everyone, whether you run a construction site or a cubicle farm. It can save your employees and visitors from injury and it can save you money in the long run. And improving workplace safety doesn't have to break the bank or cripple productivity. Checkout the tips below for ideas on improving safety on a budget.

Suing a Contractor for Unfinished Work

Working with contractor can often be frustrating, especially if disputes occur in the middle of a project. For example, what happens if the contractor leaves his or her work unfinished? Well, the easiest option is to talk to the contractor to see what's going on. But, if that doesn't resolve the issue, then it may be time to pursue a legal action against the contractor.

Is Your Business's Online Content Illegal?

Many big companies have employees, or even departments, to specifically assess the risks and liabilities of the company. But, as a small business, you probably don't have the budget to have employees dedicated to risk management. One risk that's important to identity and address is the possibility of your business having illegal online content. According to the Business 2 Community article written on this topic, here are a few common ways that your business's content online may be violating laws.

Theranos Charged With 'Massive Fraud' by SEC

The once promising blood-testing company, Theranos, has been charged with fraud by the Securities and Exchange Commission. The company, its CEO, and its president were accused of misleading investors and raising hundreds of millions of dollars by making false or exaggerated claims in defiance of the anti-fraud provisions of federal securities laws.

While the SEC is still pursuing its charges against Theranos' former president Ramesh Balwani, the company and CEO Elizabeth Holmes have resolved their charges, with Holmes being stripped of control, among other penalties.

Lyft Sued for Discrimination by Wheelchair Users

When you own and operate a business, it's always important to comply with all applicable small business laws. A new lawsuit filed against Lyft is alleging that the rideshare company is in violation of laws that guarantee equal access to those with disabilities. More specifically, Disability Rights Advocates have filed a class action lawsuit alleging that Lyft "discriminates against people who use wheelchairs by not making available wheelchair-accessible cars in the San Francisco Bay Area."

Can Employers Force Flu Shots on Employees?

Employers can force many things upon employees -- meetings or events where attendance is mandatory or a specific start time each day, just to name a couple. But, you may wonder how far can an employer's control reach? Well, under most circumstances, an employer can force its employees to get a flu shot.

However, note the "under most circumstances" part of that sentence because certain situations may create a case of employment discrimination. For example, according to a lawsuit filed by the Department of Justice, a woman in Wisconsin was given the option of getting a flu shot or getting fired, despite the fact that she claimed a religious exemption from the policy.

Filing Bankruptcy Is Too Costly for Small Businesses, Experts Claim

Bankruptcy is an economic safety net that can be a beneficial tool for an individual or a business that's in debt. But, a panel of bankruptcy experts, claim that it's often too expensive for small businesses to file for bankruptcy. Thus, these experts, which includes lawyers from all over the U.S., urged members of a Senate Judiciary subcommittee "to change the rules to give small businesses a better shot at survival by filing for Chapter 11 protection."

What to Do If Patent Trolls Threaten Your Business With a Lawsuit

Patents, and other forms of intellectual property, are meant to encourage creativity and innovation. That's why if you suspect that someone has infringed on your patent, you have the option of filing a lawsuit against that person. However, there are entities -- referred to as patent trolls -- that make money by suing or threatening to sue businesses for patent infringement.