VanAntwerp Attorneys, LLP
Phone: 606-618-0698

Ashland, Kentucky, Legal Blog

A few legal considerations new businesses should know about

When you are starting a new business, there are a number of rights and obligations to consider. These depend in part on which business entity you choose to operate, such as a corporation, partnership or limited liability company. They also depend on the type of business you plan to operate and where. Your new business may require permits, proper zoning, a particular license and/or a surety bond. Without these, your business could operate unlawfully and be subject to fines or other enforcement efforts.

The first question you should ask is whether the type of business you wish to operate requires you to have a business or professional license. No general, statewide business license is required in Kentucky, but certain businesses require a federal, state or local license to operate. A wide variety of business types require Kentucky licenses, ranging from alcohol and drug counseling to wildlife control.

What the Supreme Court's arbitration ruling means for employers

Last week, the U.S. Supreme Court issued a ruling that is one of the most important in recent history for employers and workers. The court heard three consolidated cases regarding whether employees whose contracts mandate individual arbitration for wage and hour disputes. It ruled 5 to 4 that employees may not collectively arbitrate labor issues if they have signed contracts that mandate individual arbitration.

Two conflicting labor laws

What are the basic steps for setting up an LLC in Kentucky?

If you are starting a new business, you may already have decided that a limited liability company (LLC) is the right choice for you. Your choice of business entity should be based on your business goals, the investment you require, your preferred tax structure and an understanding of the liabilities of each entity type. Once you have chosen an LLC, however, how do you go about setting it up?

First, choose a name for your business. The name must not duplicate or be easily confused with that of another Kentucky business and must meet other requirements. You must include the term "LLC," "LC" or "limited liability company" in your company's name, and you should avoid inaccurate words like "bank" "corporation" or "cooperative." The Kentucky Secretary of State provides a name availability search on its website. You can also reserve a name online.

In today's world, most estate plans could benefit from a trust

When many people think of trusts, they assume that you need to be wealthy to benefit from a trust. In truth, there are many types of trusts that serve a variety of purposes. A revocable trust or "living trust," for example, can not only act as a cornerstone of your estate planning but also make things easier in the event you become incapacitated. Trusts also offer more privacy than wills, which go through a public probate process.

Although there are many specific trusts, they are generally grouped into two categories: revocable and irrevocable. A common type of revocable trust that can benefit a wide variety of people is one in which the person (or people) creating the trust (the grantor) is the same as the beneficiary.

Are you protecting your summer interns from sexual harassment?

If your company hires summer workers, it is important to realize that their lack of experience and low position in the company hierarchy may make them especially vulnerable to discrimination and harassment. Interns and students may also be treated less formally than other employees, which may encourage some people to feel they are fair game for romantic relationships and casual friendships.

Spring is a great time to review your anti-discrimination and harassment policies and training. This year may be a particularly helpful time to cover these issues in light of the #MeToo and #TimesUp movements. Many people are concerned about the potential effect of these movements on office culture and may have a great deal to discuss.

Protecting your irresponsible children with a spendthrift trust

You have worked hard all your life for what you have. It can be extremely frustrating to watch your children waste their advantages through irresponsible spending. Furthermore, it is quite possible that their poor spending habits will continue once they receive an inheritance from you, unless you take specific actions now.

One choice you can make is to create a spendthrift trust. This is a type of trust where the beneficiaries are not allowed to sell or pledge away an interest in the trust. The trust is also protected from the beneficiary's creditors until the trust property is distributed to the beneficiaries. In other words, the trust assets themselves are safe from your children's spendthrift ways, even if they declare bankruptcy.

EEOC backlog could encourage settlement in discrimination cases

It can be frustrating to settle a discrimination complaint. Most business owners would prefer to be vindicated. There are many good business reasons for settlement, however, such as limiting the lost time, cost and disruption a lawsuit can involve.

Many plaintiffs resist settlement, as well. They often hope that a trial will convince the company they once loved to change its policies. They may also wish to receive more in compensation than the company is offering.

Reasons your company should consult a lawyer about a new location

Whether your organization is planning to rent new business premises, purchase a facility or expand into a new location, there are legal issues involved that a real estate agent is not in a good position to help you with. Hiring an attorney to negotiate, draft or review documents and to research zoning and other issues can save you a great deal of time and trouble. Unlike real estate agents and many other professionals, your attorney is legally obligated to act in your interests.

The first thing you may want to have a lawyer review is any proposed contract with a real estate agent. These contracts contain a great deal of crucial legal information, and you need to understand precisely what you are signing. A lawyer can explain the terms of the contract and spot anything unusual or unfavorable that could be corrected before you sign.

Study: Most parents with special needs kids have no estate plan

If you have a child with an intellectual disability, you need a plan to care for that person when you no longer can. Yet in a recent national survey, more than half of parents of special-needs children reported they had no such plan.

The study, which appears in the April issue of the journal Intellectual and Developmental Disabilities, identified 11 long-term planning activities, such as:

  • Identifying a successor to the current caregiver
  • Writing a statement of intent to guide future guardians' or caregivers' decisions about the person's care
  • Discussing future care plans with the child or family members
  • Researching residential programs
  • Locating an attorney
  • Establishing a special needs trust

Options for employers when employees discuss wages and salary

No matter how much your try and circumvent it, employees discuss earnings with one another. The repercussions of these discussions ripple through departments. Wage discussions cause unrest and dissatisfaction throughout an organization. Understanding the protections covered by National Labor Relations Act (NLRA) prevents inadvertent employer violation.

Protected concerted activity

  • kentucky justice association
  • martindale hubbell peer review rated
  • ohio state bar association
  • super lawyers leight g latherow
  • the west virginia state bar
  • kentucky bar association 1871
  • Kentucky Defense Counsel
  • defending liberty pursuing justice
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