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Category Archives: Small Business Issues

trademark application and protection

How to Lose a Trademark in 3 Ways

By Travis Jacobs |

Trademarks and Service Marks need to be renewed, maintained, monitored and actively protected from infringement. The following are three ways to lose a trademark: Abandonment of the mark. Trademark abandonment occurs when the owner of the Trademark or Service Mark stops using the mark, with no intention to use it again. Improper use, or misuse, of a mark by… Finish Reading How to Lose a Trademark in 3 Ways

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Business Agreements

Contractor Liable Under MGL 93A Despite Homeowner Directive To ‘Do it Anyway’

By Travis Jacobs |

Home Improvement Contractor Liability Under MGL 93A Home Improvement Contractors have had a rough year when it comes to burdens of liability under Massachusetts General Laws, Chapter 93A. See “Contractor’s Failure to Register Gave Rise to Treble Damages, Attorney’s Fees & Costs”. This past week, the Massachusetts Appeals Court piled on another layer of… Finish Reading Contractor Liable Under MGL 93A Despite Homeowner Directive To ‘Do it Anyway’

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unpaid overtime claims

Employers Outside MA Cannot Escape Massachusetts Wage Act Claims

By Travis Jacobs |

Out-of-State Employers Subject to Massachusetts Wage Act Claims Out-of-state employers can no longer hide behind a wall of jurisdiction when determining the forum for wage act cases. The 1st Circuit Court of Appeals recently concluded in Cossart v. United Excel Corporation, et al., that a federal court in Massachusetts could exercise personal jurisdiction over a Kansas… Finish Reading Employers Outside MA Cannot Escape Massachusetts Wage Act Claims

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Independent Contractor Statute

Massachusetts Sick Time Complaints Have Begun to Roll In

By Travis Jacobs |

The Sick Time Clock…Has Run Out of Time. The new Massachusetts Earned Sick Time Law took effect over 5 months ago on July 1, 2015. As predicted, the latest wave of ‘wage and salary’ type complaints and lawsuits in Massachusetts are trickling in to my plaintiff-lawyer colleagues. Do not underestimate the consequences of failing to… Finish Reading Massachusetts Sick Time Complaints Have Begun to Roll In

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Insurance Agents Were the Latest Target of Worker Misclassification Cases

By Travis Jacobs |

A series of recent Massachusetts court rulings addressing the classification of workers as employees or independent contractors have involved real estate agents, truck drivers and taxi cab drivers. Employers can now add insurance agents to the list of workers who have undergone court scrutiny for classification as employees or independent contractors. As many of you who follow the… Finish Reading Insurance Agents Were the Latest Target of Worker Misclassification Cases

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Independent Contractor Statute

Employers: Pay Often and Pay Early!

By Travis Jacobs |

The Jacobs Law has spent a considerable amount of time on this bLAWg writing about the Massachusetts Wage Act, and the consequences it imposes on employers f0r misclassifying ’employees’ as ‘independent contractors’, failing to pay overtime or wages, or failing to pay wages to employees immediately upon termination. A recent case tested the limits of… Finish Reading Employers: Pay Often and Pay Early!

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Massachusetts General Laws Chapter 149 Section 150

By Travis Jacobs |

Section 150. The attorney general may make complaint or seek indictment against any person for a violation of section 148. On the trial no defence for failure to pay as required, other than the attachment of such wages by trustee process or a valid assignment thereof or a valid set-off against the same, or… Finish Reading Massachusetts General Laws Chapter 149 Section 150

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CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model

By Travis Jacobs |

The California Labor Commission recently ruled that a former Uber driver was improperly classified as an independent contractor and was instead an employee. While the decision only involves the claims of one former driver of the ride-sharing startup, it could have a rippling affect through not only Uber and its on-demand ride competitor Lyft,… Finish Reading CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model

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Non-Profits, Sponsors & Money – Oh My!

By Travis Jacobs |

Sponsorship Agreements and carefully drafted Acknowledgment and Recognition Statements are must haves where a private or public company provides financial support or other forms of sponsorship to a non-profit / charitable event. Finish Reading Non-Profits, Sponsors & Money – Oh My!

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Can I Start a Business While in the U.S. on a Student Visa?

By Travis Jacobs |

The entrepreneurial spirit is alive and well in Massachusetts’ colleges and universities. And international students in the United States on a {student visa, F1 visa} are a big part of that spirit. At The Jacobs Law, we receive many inquiries from entrepreneurs with {a student visa, an F1 visa} into whether they can start a business,… Finish Reading Can I Start a Business While in the U.S. on a Student Visa?

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