Business law orlando: Working in a city as fast-paced and competitive as Orlando means that business owners need to stay on their toes at all times. As home to one of the world’s busiest airports and a steady stream of tourists, businesses in this city have to be able to adapt quickly. However, this also comes with its own unique set of challenges, from ensuring your lease includes everything you need it to cover and making sure your vendors are up-to-date on their obligations as third parties. To put it simply: running a business in Orlando requires specialized knowledge.
This blog post is designed to give you a brief overview of the top business law issues facing those who live and work in the city. If you operate or plan on opening a business here, make sure you understand what legislation affects you and how best to protect your interests moving forward.
Top 10 Business Law Issues in Orlando, Florida
The tourism industry is a big part of the economy in many locations. In fact, some cities are almost entirely reliant on it for their economic success. There are several things that make the tourism industry so unique and impactful. The seasonal nature of this business segment makes it highly variable from one year to the next. It also requires an employee base that works primarily during peak visitation times but can be flexible with their hours when slower periods occur. These are just a few of the challenges businesses in this sector face on a regular basis. To help you navigate these tricky business issues, we’ve compiled this list of the top 10 business law issues in Orlando, Florida and other locations with a similar reliance on tourism as an economic pillar.
One of the first and most common issues to arise in the advertising and marketing departments is a dispute over rights. This can arise if a third party has provided a significant investment in marketing materials and advertisements. There may be some confusion over exactly who owns the rights to that content, which can create problems as the marketing campaign progresses. For instance, a large ad campaign funded by an outside party may involve the use of a certain slogan or image. Both parties may assume that this is a shared use of the marketing materials and that each party owns 50% of the rights. If something goes wrong and it becomes necessary to change or remove the ad, this can quickly become a major issue.
The contracting process can easily become a major issue if not handled correctly. This can arise in several different contexts, such as the use of contractors for special projects or an outside supplier providing goods or services to the business on a contractual basis. If the contractor or supplier isn’t paid, it could become a major issue that affects the entire business. A failure to pay contractors or suppliers could also be a sign of larger financial problems within the company, which could also become a major issue. If the company isn’t careful with its contracting process, it could also find itself in legal trouble if the contractor or supplier believes they were not treated fairly or appropriately.
Discrimination and Harassment
Although the terms are often used interchangeably, discrimination and harassment are different issues. However, they often occur together in the business world and can be devastating when they do. The first step in avoiding these issues is understanding the law. In many areas, discrimination based on certain factors, such as race or gender, is explicitly illegal. For example, in the state of Florida, discrimination based on race, color, sex, religion, age, national origin, disability, or veteran status is illegal. Harassment is equally problematic but less easily defined. There are many types of harassment and many ways in which it can manifest itself in a business setting. Although the law addresses each of these issues, it is important for businesses to address these issues head-on. If a complaint is filed, the business needs to be prepared to address it immediately.
Employment Background Checks
A standard part of the hiring process in many industries is to perform a background check on the applicant. In fact, most companies do this to some extent in the hiring process. One of the risks in doing this is that the person being investigated could file a complaint or lawsuit if they feel the investigation is overly invasive or inaccurate. For instance, if the investigation uncovers some incorrect or misleading information, the business could be liable for violating the Fair Credit Reporting Act (FCRA). This is a federal law that protects the rights of people who are investigated in an employment background check. Equally important is that the business protects itself from false or misleading information that could derail the hiring process. This can lead to a long and expensive legal battle if a rejected applicant files a lawsuit based on an inaccurate or misleading background check.
Employee Compensation and Benefit Basics
One of the most basic issues every business will face is the question of how much to pay its employees and what kind of benefits it should offer them. This can be highly sensitive in certain situations, and the business needs to be careful not to run afoul of employment laws and regulations. For instance, the business should ensure that it is paying its employees at least the minimum wage as required by law in the state in which it operates. This varies by location, and a business could easily face a penalty if it doesn’t meet the minimum wage requirements. Employers also must comply with state and federal laws that govern the amount of hours an employee can work in a single day or week. As for benefits, the business has a lot of options available. The key is to make sure it is offering a fair and appropriate level of benefits given the work environment, the employees, and the costs involved.
Employee Scheduling Basics
One of the biggest complaints employees have is regarding their work schedules. This happens when the business either fails to consider the needs of the employees or fails to comply with state laws that govern scheduling practices. For instance, if the business fails to provide employees with a fair and adequate amount of notice regarding their work schedules, it could face liability under the Fair Labor Standards Act (FLSA). This federal law is designed to protect employees and hold employers accountable. If the business fails to comply with state laws regarding hours worked and breaks and meal periods, it could face fines, penalties, and even a temporary or permanent suspension of its business license.
Exit Strategies for Mergers and Acquisitions
Businesses often face a time when a merger makes sense or an acquisition is in the works. Mergers and acquisitions (M&A) often take a long time to complete, and a lot can go wrong during this process. For instance, the parties involved in the deal could disagree over terms and conditions. This often ends up in a lawsuit that threatens the entire deal. This can put a lot of stress on the parties involved.
Food Safety Basics
Food safety is a major issue in the restaurant industry, which is a major part of the tourism sector. In fact, the restaurant industry is the source of more foodborne illness than any other industry. When a foodborne illness outbreak occurs, it can easily become a major public relations issue as well as a serious legal problem for the restaurant. This can result in a significant dropoff in customers as well as fines and penalties from local and state health authorities.
Limiting Liability with Employment Contracts and NDAs
Employment contracts are often used to limit the liability of the business and provide a safe landing place for the employee. However, they can also be used to limit the liability of the employee, which can be problematic at times. For instance, if the employee is involved in a lawsuit, the employment contract can be used to limit their liability and shift the burden to the other party.
Tourism is a very cyclical industry and is dependent on a variety of factors such as weather, currency exchange rates, and geopolitical events. This is why so many cities with a large tourism sector suffer when tourism goes down. These 10 business law issues are among the most common in the tourism sector as they are highly sensitive areas that can quickly escalate into significant legal issues.