These are Donna Berkelhammer's posts

Mingling Employee Smartphone and Company Work Product Can be Dangerous

Many people will receive new smartphones as presents this month.  Think carefully as an employer before allowing your employees to mingle work and pleasure on the same phone.


How to Keep Your Company Out of the Witness Protection Program

Is your company in the witness protection program – using a name in the marketplace that is different than your company name (commonly known as an assumed name, fictitious name, doing business as, trading as or d/b/a”)?


Look The Gift Horse In The Mouth (Or If It Seems Too Good To Be True, It Probably Is).

Today is Giving Tuesday, and if your inbox is anything like mine, it is full of donation requests. I encourage you to support the causes that are near and dear to you. But there also may be others asking for your money — in the role of “investor” rather than “donor”. You may be approached, [...]


Running a Business is an Ongoing Process

I was reading a bulletin from the FTC, which just closed an investigation on whether certain Verizon data security practices constituted unfair trade practices. The closing letter in part reads: “We continue to emphasize that data security is an ongoing process. As risks, technologies, and circumstances change over time, companies must adjust security practices accordingly. [...]


What “Magic Language” Should My Contract Have?

There is very little required by law to make a contract enforceable.  Some types of contracts are required to be in writing, such as anything to do with land, contracts for goods worth $500 or more, and contracts for services that cannot be performed in a year. Otherwise, valid contracts should include the names of [...]


Starting with Employee 1

While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee: Immigration and Reform Control Act requires employers to verify employee eligibility to work and to retain form I-9. Fair Labor Standards Act and Equal Pay Act (FLSA [...]