The post Senate Bill 616 – Are you compliant with the new sick leave laws? appeared first on larsongaston.
]]>When it became law, Senate Bill 616 amended the Healthy Workplaces, Healthy Families Act of 2014 in California, specifically in how paid sick days are granted to employees.
By the 120th day of employment, new employees must receive at least 24 hours of paid sick leave or PTO. By day 200, they must be provided an additional 16 hours, totaling the sick leave or PTO to 40 hours.
All other employees must get 40 hours of paid sick leave each year.
This policy was increased from requiring a yearly minimum of 24 hours to 40 hours of sick leave or PTO.
Employees can accrue as much as 80 hours of sick leave or PTO. This means that unused hours from the previous year can be carried over to the next year but will max out at 80 hours.
Note: 40 hours can be translated into five days of PTO. 80 hours can be translated into ten days of PTO.
The changes to the Healthy Workplaces, Healthy Families Act of 2014 in California took effect on January 1, 2024.
The fines associated with failing to comply with employment laws can be overwhelming. Staying compliant is vital to protecting your business.
We can help ensure your policies and practices are compliant.
This communication is not legal advice. In some jurisdictions, this communication may be considered advertising material. The choice of a lawyer is an important decision and should not be based solely upon advertisements. If you would like more information about our firm, please contact us.
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]]>The post California continues to stamp out non-competes: SB 699 and AB 1076 appeared first on larsongaston.
]]>What is Senate Bill 699?
California is expanding its longstanding prohibition on noncompete agreements in 2024. Effective Jan. 1, 2024, Senate Bill 699 prohibits employers from entering into noncompete agreements regardless of where and when the agreement was signed. AB 1076 creates a new notice requirement for employers. In other words, even if an employee—current or former—signed a noncompete agreement, Senate Bill 699 supersedes it, making the agreement ineffective.
This new law affects employees hired after January 1, 2022. It does not apply to employees hired beforehand.
How does this impact you?
Employers will need to notify current and former employees whose contracts included noncompete clauses that such noncompete agreements are void. The notice needs to be contained in a written individualized communication to the employee or former employee and delivered to their last known address and email address.
The bottom line
By February 14, 2024, employers need to send individualized notices to any current or former employee who signed a noncompete agreement after January 1, 2022. The notice must say that their signed noncompete agreement is void. Failure to do so violates California Unfair Competition Law, which can carry civil penalties.
We can help
The turnaround for compliance with this new law is fast approaching. Larson & Gaston can execute this quickly. We will draft notices and give you a plan of action to comply with the law, mailing notices within the timeframe required.
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]]>The post Skimping on legal services can be the most expensive mistake you make appeared first on larsongaston.
]]>We’ve seen it over and over. People who cut corners on legal counsel are gambling in a space where the house always wins.
Online legal services might make paperwork seem easy but they don’t give you the advantage of someone applying legal experience and expertise to your specific situation. Often you won’t even know that you missed something important by using an online service until it is too late.
Just as you would trust your doctor over a website for medical advise or a licensed therapist versus an online chatbot, there is nothing like having a lawyer and a law firm championing your business.
Incorporating bona fide legal counsel into your business strategy offers numerous advantages beyond the basic protection from risks and liabilities. Here are some additional benefits:
Expert Guidance Tailored to Your Business: Qualified lawyers can provide personalized advice that aligns with your business goals and industry-specific regulations, ensuring compliance and strategic decision-making.
Preventative Strategy: By identifying potential legal issues before they arise, established law firms can help you implement preventive measures, saving you from future legal entanglements and financial drains.
Contractual and Negotiation Strength: Experienced attorneys can draft, review, and negotiate contracts with a level of professionalism and foresight that DIY legal services cannot match, safeguarding your interests in all dealings.
Dispute Resolution: Should disputes arise, a seasoned lawyer can navigate the complexities of litigation, arbitration, or mediation, often achieving more favorable outcomes than you could manage on your own.
Access to a Network of Professionals: Established law firms can connect you with other professionals, such as tax advisors and industry consultants, creating a comprehensive support system for your business.
Ongoing Legal Education: Law firms often keep their clients informed about new laws and regulations, providing workshops or materials that help you stay compliant and competitive.
Peace of Mind: Perhaps most importantly, knowing that you have a competent legal team allows you to focus on growing your business, rather than being bogged down by legal uncertainties.
Larson and Gaston, LLP provides a variety of business oriented legal counseling services in California. Our focus includes business law, transportation law, employment law, and more. Connect with us to learn how we can help set up your business for success.
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]]>The post The Perils of a Successful Business appeared first on larsongaston.
]]>Incredible growth and revenue in a business might sound like good news, right?
However, as your company grows, so do your liability and legal risk. Growth presents a new set of challenges that leave your business vulnerable to lawsuits, issues with compliance, and unexpected corporate complexity. As your business grows, the issues and opportunities you come across will grow larger. Proactive legal counsel helps you avoid pitfalls and seize opportunities.
One of the changes business leaders make is in the corporate structure of their companies. Here are some tips regarding the two stages of that change.
Being proactive is vital. Just as you would trust your doctor with your health, it’s best to entrust a law firm to secure the success of your company.
Your legal counsel is charged with protecting you and your business interests. Trusted legal advisors offer structuring advice, contract drafting and review services, compliance and governance, dispute resolution, and risk mitigation strategies, among other crucial services.
The bottom line is this: Unchecked growth risks disaster. The best course? Trusted legal counsel that helps you achieve your goals while offsetting risk.
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]]>The post What health issues can the DOT disqualify commercial vehicle drivers? appeared first on larsongaston.
]]>Some medical conditions can disqualify a person from being able to get their commercial driver’s license. Understanding these may be beneficial for anyone involved in this industry.
One of the primary medical conditions that can disqualify someone from being eligible for a CDL is substance dependency. Truckers must undergo drug testing and any positive test can lead to immediate disqualification. Even a history of alcoholism can lead to issues with getting a CDL.
People who have vertigo, vision loss or hearing loss will likely be disqualified from obtaining a CDL. Inner ear problems are also problematic because they can cause loss of balance.
Some conditions that may disqualify someone from getting a CDL depend on whether the condition is under control. For example, a person who has controlled epilepsy may be able to receive an exemption so they can receive their CDL. Diabetes, heart conditions, hypertension and respiratory conditions can all lead to disqualification, but exemptions are possible.
Trucking companies must ensure their truckers are all physically and mentally able to handle the job duties. Any trucker who has issues is risky because of the chance of crashing. Semitruck crashes are costly events, so it’s up to each company to take the necessary steps to protect the business.
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]]>The post How vicarious liability can impact commercial transportation firms appeared first on larsongaston.
]]>Semi-truck collisions can be incredibly expensive for everyone involved. Crash victims could face severe injuries and property damage losses. A commercial driver could be at risk of injury and possibly the loss of their commercial driver’s license. Their employer could also have some degree of liability for the wreck in question.
Discussions about transportation company liability often focus on business practices. People sometimes try to hold a transportation company accountable for poorly-maintained vehicles or employment practices that seem to violate the law. However, transportation companies are often liable for collisions that occur in their vehicles even when the company is very proactive about ensuring legal compliance and the proper maintenance of fleet vehicles.
The legal rules establishing vicarious liability for employers apply in the transportation sector and can make a company directly responsible for any incident caused by the negligence of one of its employees.
Usually, liability for a situation falls directly to an individual who caused an unfavorable outcome through negligence or illegal behavior. Vicarious liability involves passing responsibility for an incident to an outside party. A third party may sometimes have legal and financial responsibility for situations that did not directly involve that party.
Employer liability for worker misconduct and negligence is relatively common. Respondeat superior is the legal term for the liability employers have for the actions of their workers. For transportation companies, the legal concept of respondeat superior and the vicarious liability it passes to the organization could make the business responsible if a driver eats at the wheel, consumes alcohol despite the rules against doing so or otherwise drives in an unsafe manner.
Thankfully, the liability insurance coverage carried by a transportation firm will typically cover losses related to vicarious liability just like it would a claim related to a truly unpredictable situation, like a jackknife incident involving a fleet vehicle. Employers in the transportation sector can reduce their vicarious liability through proactive training and rigorous standards that may apply to worker conduct before and during their shifts.
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]]>The post What is Actual Knowledge? appeared first on larsongaston.
]]>Truck drivers are never supposed to operate their vehicles while under the influence of controlled substances or alcohol. If an employer has actual knowledge that this has occurred, the driver should not be allowed to work in that condition.
But what does “actual knowledge” mean? This definition can be very important if there are accusations that the driver may have operated their vehicle illegally.
Actual knowledge means that the employer knows that the driver is under the influence. This knowledge can be obtained in a few ways, such as:
One of the biggest distinctions to make is that this “actual knowledge” is not gained by observing physical characteristics the employee may have or behavior that they may be exhibiting that would warrant testing for these substances. After all, there could be a completely innocuous reason for the employee’s behavior. Someone who is heavily fatigued may act like they are impaired, for instance. Someone with a medical condition may exhibit similar symptoms. Therefore, seeing these characteristics cannot be confused with having actual knowledge that the employee has really used those substances.
It’s important for employers and drivers to understand how these laws work. If there are any allegations that a driver may have broken these regulations, especially if the employer is concerned about being accused that they knew this was happening and did nothing to prevent it, then it’s quite important for all involved to understand exactly what legal options they have at their disposal.
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]]>The post DOT regulations – when do you need a medical certificate? appeared first on larsongaston.
]]>Driving a commercial vehicle comes with more responsibilities and regulations than personal vehicles. This includes requiring some commercial drivers to obtain a Department of Transportation (DOT) medical certificate.
Part of DOT regulations is a certification process that is a safeguard to ensure that drivers are physically and mentally fit to operate commercial vehicles safely. But only certain commercial drivers need a medical certificate.
The requirements for a DOT medical certificate aren’t universal for all commercial drivers but depend on specific criteria. You’ll typically need one if you operate a vehicle with a gross vehicle weight or gross combination weight of over 10,001 pounds for interstate commerce.
You need a DOT medical certificate if you drive any vehicle that’s made to transport more than 15 people, including yourself, across state lines. It doesn’t matter if the trip is for compensation or not. You must have a medical certificate if you drive a vehicle that’s made to transport 9 to 15 people for pay.
If you transport hazardous materials that require the vehicle to be placarded for interstate commerce, you need a DOT medical certificate.
You should expect a comprehensive health check when you go for your DOT medical exam. The healthcare professional will look at your medical history and perform a series of tests, including vision and hearing assessments, blood pressure measurements and a urinalysis. They will evaluate your cardiovascular health, look for signs of respiratory issues and test your reflexes to determine your general physical condition as it relates to your driving ability.
The DOT medical certificate establishes a minimum health standard that all qualifying commercial drivers must meet, creating a uniform benchmark for health and safety. It helps to identify and address any health issues before they become problematic on the road. Finally, it helps to mitigate potential risks for commercial employers.
When questions come up about a commercial driver’s ability to operate a vehicle safely, the DOT medical certificate is one of the first things to check. These must remain up-to-date, which means having a full physical every 12 to 24 months, depending on their health. Commercial drivers and their employers are responsible for ensuring compliance with this regulation.
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]]>The post 3 worker behaviors transportation companies can penalize appeared first on larsongaston.
]]>Transportation companies assume a lot of risk with every load that one of their drivers transports. A late delivery could result in a lower payment from a disappointed client. A violation of any of the numerous transportation laws could lead to fines against the business and possibly a driver becoming ineligible to haul loads for the immediate future.
Those operating transportation companies need to be proactive about ensuring the safety of their vehicles, the reliability of their drivers and the company’s compliance with all federal commercial transportation statutes. One of the ways that businesses can reduce the risks of collisions and reputation-damaging situations involves enforcing thoughtful employee performance standards.
Not only do companies need to have rules in place for how people behave on the road, but they may also need to have rules addressing their conduct during and after a shift. The three behaviors below are often among the issues addressed in employee handbooks and employment contracts drafted by successful transportation companies.
Technically, there is already a very strict standard that applies to those with a commercial driver’s license (CDL). While they are in a commercial vehicle, they are subject to a blood alcohol concentration (BAC) limit that is twice as strict as the limit imposed on the average driver. Anyone who tests at 0.04% or higher while in a commercial vehicle could face arrest and prosecution. Impairment caused by drugs could also trigger prosecution. Transportation companies often have rules prohibiting any alcohol consumption within a set amount of time before a driver arrives for a shift and while actively on duty, as well as rules against drug consumption.
Employees sometimes misuse company vehicles for personal purposes. They might offer to haul someone’s furniture or even contribute to some kind of criminal scheme using it commercial truck. Transportation companies therefore often require that drivers turn in the cabs of the semi-trucks that they operate in between shifts to avoid any kind of misconduct utilizing a fleet vehicle.
Distraction while driving is dangerous for everyone, especially those in semi-trucks. Companies may impose rules against having people ride as a passenger in the semi-truck with their employees. Those rules may even extend to after hours when a driver pulls off the road for mandated rest. Prohibiting overnight guests in a sleeper cab can diminish the likelihood of drug use and other kinds of criminal activity while in a commercial vehicle that belongs to an employer.
Ultimately, instituting and enforcing appropriate restrictions on employee behaviors can help mitigate the potential liability of a commercial trucking organization.
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]]>The post Could a truck driver’s health issues lead to a preventable crash? appeared first on larsongaston.
]]>Successful transportation companies have to balance efficiency and profitability with safety. The desire to prevent collisions comes not just from concerns about a company’s reputation but also the financial responsibility the business would likely have for any crash caused by one of its drivers.
Proper training for drivers is important, as is adequate maintenance of the vehicles in a fleet. Transportation companies also need to monitor the health of their drivers, as medical issues could potentially contribute to the likelihood of a crash occurring. Certain medical issues increase the likelihood that a driver could experience some kind of emergency and cause a crash.
When looking at federal statistics about what causes semi-truck collisions, non-performance is the third most common issue related to a driver’s job. Those who fall asleep or experience a medical emergency while driving will lose control of the semi-truck and could cause a wreck.
Certain factors, like a history of cardiac events, obesity and even sleep apnea may increase the likelihood of a truck driver experiencing a major incident while at the week that prevents them from doing their job as they should. Transportation companies need to carefully adhere to the rules for worker medical evaluations.
Proper documentation of compliance with such rules can help mitigate some of the company’s responsibility if a crash occurs because of someone’s health conditions. Recognizing the risk factors that increase the company’s chances of having a driver at fault for a wreck they help managers and executives at transportation businesses make better decisions about how they operate the organization.
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]]>The post When can one company enforce trademark rights against another? appeared first on larsongaston.
]]>A business’s brand can draw consumers in or potentially alienate them. Organizations often invest huge amounts of money to develop a brand and market to consumers. A company’s logo or trademarked image can play an important role in setting it apart from the competition.
Unfortunately, simply registering a trademark does not automatically protect a business from infringement. There are, therefore, significant circumstances under which one business could potentially take action against another organization for infringing on its trademark?
There are some businesses that specifically try to duplicate the packaging and branding of other companies to trick consumers and retail establishments. When one company duplicates another organization’s trademark for its advertising or packaging, those actions could lead to civil litigation.
One of the reviews necessary to secure formal trademark protection is an investigation into existing trademarks to limit the possibility of serious consumer confusion. Trademarks that are too similar to an existing one won’t be eligible for registration. Often, the goal behind developing a similar trademark isn’t registration but rather confusion.
Some businesses seeking to trick consumers and profit off of the success of another brand won’t outright steal a company’s logo but will do their best to subtly duplicate it. Using very similar names or images, particularly within the same industry, can lead to trademark enforcement because a substantially similar logo from another company creates a reasonable likelihood of confusion that could affect consumer behavior.
Trademark litigation can result in both a court order to prevent further infringement and possibly an award of damages. Taking immediate action when discovering a trademark violation can help a company better defend its brand and reputation with consumers.
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]]>The post Why do you need a partnership agreement? appeared first on larsongaston.
]]>This is a major risk if you decide to move forward without a legal agreement. Let’s look at a few of the benefits that you get if you put one in place.
The job that you do at the company should be defined in the partnership agreement. This should discuss the duties that you have and what is expected of you. It can also discuss the same things regarding your new business partner. It doesn’t mean that you can’t ever branch outside of this area, but it’s good for both of you to have the same expectations.
The partnership agreement can also tell you what percentage of that business you own, along with the compensation that you can expect. This can become incredibly important if one person wants to move on from the business, and you never want to just assume that you own 50%.
Another benefit of a partnership agreement is that I can tell you how to resolve disputes or work through various problems that may come up. It can be helpful to talk about these things in advance when there aren’t any other emotions involved. The document can offer guidance if something happens in the future.
These are certainly not all of the reasons you should use a partnership agreement, but they show you why you need to look into your legal options.
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]]>The post What are the limits on utilizing long combination vehicles? appeared first on larsongaston.
]]>Many commercial transportation companies operate with relatively small profit margins. After providing a competitive wage for their workers, investing in vehicle maintenance and paying for other operating expenses, they may have very little left over to pay out as dividends to shareholders or as profits to a business owner.
Those who own or operate trucking companies are, therefore, always looking for ways to do things more efficiently and more profitably. Staffing expenses and fuel are among the biggest costs for these organizations. One of the possible solutions for minimizing the expenses involved in hauling loads for clients is to use long combination vehicles. Long combination vehicles are commercial trucks that either have abnormally long trailers attached or have multiple trailers hauled by a single cab. For safety reasons, there are limitations placed upon the use of these vehicles.
There are both federal and state rules that govern the utilization of long combination vehicles. There are 20 states, including Nevada, Arizona, Idaho, Ohio and Florida, that allow drivers to operate a long combination vehicle with two trailers that are each 33 feet long. Every state must allow the use of long combination vehicles with two 28-foot trailers attached due to federal law.
The regulations that apply to a particular situation depend on the planned route. Those operating solely in California, for example, may only need to know about federal and state rules. Other businesses that provide regional or national service may need to continually monitor state policies to ensure they know about any significant changes. The route that a driver takes and the loads that the company can accept may depend on the policies in different states. For individual drivers, a vehicle’s size and weight can be a concern. Commercial drivers may need to avoid many surface streets because of their vehicles’ overall size and heaviness.
Provided that a company plans carefully to ensure regulatory compliance, the use of long combination vehicles can cut down on staffing, fuel and equipment costs required to transport a large amount of goods for a client. Making efficiency a priority is one way for commercial transportation companies to increase their profit margins accordingly.
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]]>The post Why does your website need a terms of service agreement? appeared first on larsongaston.
]]>Your website is your company’s window to the world – and, in today’s business environment, it’s arguably more important than any brick-and-mortar storefront might ever be.
That means that you need to make sure that you protect it (and everything on it). One of the best tools at your disposal is a terms of service (TOS) agreement.
A TOS agreement outlines the rules and guidelines that users must follow when using your website. It can help protect your rights and limit your liability in case of disputes, legal issues or violations of your website’s policies. In addition:
In short, a TOS agreement is a crucial legal document that helps protect your business, inform users of their rights and responsibilities and establish clear guidelines for using your website or online service. It’s important to draft a TOS carefully to ensure that it addresses your specific needs and complies with relevant laws and regulations.
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]]>The post FMCSA to consider waivers to trucker break requirements appeared first on larsongaston.
]]>That may be about to change. The FMCSA recently announced that it will consider giving waivers when a state requests it.
These states are more demanding about when and for how long drivers of trucks must stop. For example, California expects drivers to take:
This is considerably more than the current federal requirements.
Defenders of California’s rules argue they help to create safer conditions for drivers and other road users. Opponents argue they are excessive and make business more costly and more difficult. They also argue that allowing different states to apply different rules makes it harder to operate.
The FMCSA has said that petitions for waivers from states must detail:
The FMCSA has previously argued that their current federal rules are sufficient and that stricter rules would not increase safety. This new openness to waivers suggests they might no longer think this is true.
Wherever you sit on this issue, staying up-to-date with the regulations is crucial so you know what you must comply with.
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]]>The post 3 times workers could try to pursue a claim over unpaid wages appeared first on larsongaston.
]]>Several California laws expand on those federal rules, meaning that business is operating in California may be subject to more significant minimum wage and overtime requirements than businesses operating in other states. Overtime pay concerns contribute to many wage claims pursued in civil court, partially because California has more complicated overtime rules than other states.
There are multiple scenarios in which employers may face expensive wage claims brought by their workers. Managers and executives familiar with common reasons for wage claims can help avoid making mistakes that could cost their companies money. What company decisions might lead to wage claims brought by workers?
Treating an employer as an independent contractor might seem like a way to save the company money. However, unless they are actually an independent contractor, the organization assumes a lot of risk by classifying them as one. Independent contractors are generally not eligible for overtime wages, and therefore those that have put in long shifts as contractors might try challenging their classification as a way of receiving more money from the company.
Employers have long chosen to pay workers in increments smaller than an hour. Some companies use 15-minute increments, while others might use five-minute increments to calculate payroll. There has recently been a high-profile employment lawsuit in California looking at timeclock rounding practices in particular. Given the proliferation of highly accurate timekeeping software, employers will have a very hard time justifying the decision to round the time that their workers are on the clock.
Perhaps a small coffee shop set out a tip jar to collect money for a pizza party while the shop was closed. Workers then had to come in and engage in a deep clean of the entire business, and the pizza was their primary compensation. Maybe workers simply have to clock out before they finish their responsibilities every day, meaning that they have 10 minutes per shift for which the company does not pay them. Organizations need to be careful about ensuring that workers do not have to fulfill routine job responsibilities off the clock, as such practices could lead to expensive worker wage claims.
Learning about and avoiding company practices that are more likely to trigger wage claims can help businesses minimize the risk of expensive employment litigation.
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]]>The post How to protect your trade secrets appeared first on larsongaston.
]]>If your trade secrets fall into the wrong hands, then years of hard work can be undone. The brand that is synonymous with your good reputation could be tainted. How can you protect your trade secrets? Here are just a few things that will help.
The first step toward protecting your trade secrets is to train staff about the importance of those secrets. For example, this information could be outlined in employee handbooks. You could also implement routine refresher courses to ensure that information stays current.
It may not be advisable for all staff members to have access to trade secrets. Perhaps you only need to grant access to upper-level management. Information relating to trade secrets can be stored in safe areas where only select staff members have access. Maybe you could store this information online and utilize password protection?
You’ll need to think about more than your employees when it comes to protecting trade secrets. You most likely deal with external entities, such as suppliers and consumers, every day. Trade secret protection is something that can be included in your legal contracts with external parties.
There are numerous ways to protect your intellectual property and help ensure that your company retains a competitive edge. Seeking legal guidance will give you an insight into the tools that can be used for these purposes.
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]]>The post 2 types of semi-truck safety gear that are worth upgrading appeared first on larsongaston.
]]>Keeping vehicle maintenance costs as low as possible is also important, although obviously maintaining a fleet and top operating condition is also crucial for safety and liability purposes. Companies sometimes err on the side of cost reduction when making certain decisions about their fleets, which could lead to major liability concerns later. There are two particular safety purchases where an extra investment may be a smart decision on the part of a commercial transportation company, even when margins are tight.
Dashboard cameras, also called dashcams, serve a crucial role in the collision analysis process. The video footage that they capture will either exonerate or implicate a commercial driver after a wreck. There are very basic camera systems that record the road in front of a vehicle. However, many industry specialists recommend cameras with 360-degree recording, meaning that they capture the inside of the cab as well. The combination of seeing what a truck driver does in response to a crash and what happens on the road in front of them can give a better idea of what really happened and may make all the difference when resolving the aftermath of a recent wreck.
Every trailer typically needs to have a rear underride guard installed, but what the Federal Motor Carrier Safety Administration requires for technical compliance does not fully overlap with what research shows provides the best protection. Trucking companies can limit their liability by investing in stronger and wider guards than the FMCSA requires. They may also choose to invest inside underride guards even though they are not yet a mandated safety feature. The investment in better underride guards could theoretically protect the business from future liability if one of its drivers causes a crash, as the company can show that it took every step reasonably possible to minimize the severity of the collision by investing in the right safety equipment.
Balancing the short-term cost with the long-term protection offered by these upgrades may help executives and owners make choices that can minimize a company’s potential (costly) legal exposure down the road.
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]]>The post What do business owners need to know about AI’s effect on IP? appeared first on larsongaston.
]]>The development of artificial intelligence (AI) systems has made this even more challenging. Here’s why:
AI doesn’t just pluck things out of thin air. It has learned from digesting vast amounts of information that its creators and then its users have fed into it. Sometimes when it spits things back out, it can be guilty of plagiarising the original.
This could apply to text you got AI to write for your website, a logo you had AI produce and much more.
You ask one of your employees to produce a summary of a new product or process. Unbeknownst to you, they feed the long-form information into an AI system and ask it to do the summarizing for them.
While the results might be good (especially if the employee takes the time to edit them) the AI system has just gained access to a new source of information – your information. Any confidential information your employee fed in is now in the hold of the AI system. It could choose to regurgitate some of it to someone else, perhaps a competitor who is clever enough to ask AI the right questions (or prompts as they are known).
Similar could happen if you feed in personal customer data to get AI to interpret or sort it (something it is very good at). You might later find yourself accused of breaching privacy protection laws,
As AI develops, so must legislation. You may need to consider getting help to understand more about protecting your IP rights and avoiding infringing laws or other people’s IP rights while using AI.
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]]>The post How to protect your company website appeared first on larsongaston.
]]>Your company website is the entry point for consumers to gain further information about your operations and potentially make purchases. How can this intellectual property asset be legally protected?
Your domain name is essentially the online equivalent of your company’s street address. Once you have chosen your domain name (Ideally it should be related to the name of your company), you should first check that it is not already in use. This can be done through an approved registrar, which is also where you will register the domain. If, after conducting a search, your domain name is available, you can move on to registering it.
Once your domain name is registered, it is yours and you will have unique ownership over it. It is not lawful for another company to use the same domain. Yet, you’ll also want to protect the content of your website from intellectual property theft. For example, you may have designed a unique company logo that sets you apart from the competition. This is something that can be protected on your website via copyright laws. While it can be difficult to protect generic web page layouts, if your site uses unique phrases, technology and processes, these can potentially be protected.
The first step toward protecting your web content involves through all of the appropriate registration channels. By seeking legal guidance, you can better ensure that all of these steps are taken.
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