“What Did I Just Sign?”–Notice Provisions

Tuesday, April 6, 2010

I recently reviewed a contract for a client that had the following Notices provision (a provision which specifies how one party should provide notice to the other party under the contract):

Any notice or communication hereunder must be in writing, and shall be personally delivered, or sent bytelegram, telex or facsimile, or by registered or certified mail, return receipt requested, and if given by registered or certified mail, same shall be deemed to have been given and received three days after its mailing, postage prepaid to the address listed below. Such notices or communication shall be given to the parties hereto at the following addresses…  [emphasis added]

Now, notice provisions like this one are standard boilerplate; when drafting a contract, attorneys just cut and paste them from every other contract they’ve drafted.  I know, I’ve done it myself–why re-invent the wheel?  But this particular notice provision shows how important it is to actually READ the boilerplate provisions you’re using.  Even though it may be “just boilerplate”, the language forms a part of the contract, and either party may rely upon it.  So read the boilerplate, and if it doesn’t capture what you want–or if it’s outdated or obsolete–then change it!

Or else the Western Union or Pony Express guy may be showing up on the doorstep with a Notice to Cure Breach, or a Notice of Renewal, etc.  Or, such notices may be arriving by Telex.  Now, I’ll admit I’ve seen enough Westerns to know what a telegram is, but I have no idea what a “Telex” is.

I’ll be right back–

OK, I Googled it.  According to Wikipedia:

By 1935, message routing was the last great barrier to full automation. Large telegraphy providers began to develop systems that used telephone-like rotary dialing to connect teletypes. These machines were called “Telex”. Telex machines first performed rotary-telephone-style pulse dialing for circuit switching, and then sent data by Baudot code. This “type A” Telex routing functionally automated message routing.

Now, I haven’t been in your office recently, but I would bet money that you do NOT have a Telex machine plugged in over there in the corner.  So read the notice provisions, and if they contain any communication methods that don’t exist in your office–delete them, so you don’t end up in court one day arguing over whether proper notice was received, as the other party is swearing they Telex’ed you.

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Health Insurance Price Controls in MA?

Wednesday, March 3, 2010

The Massachusetts Insurance Commissioner will be taking a more active role in controlling the cost to small businesses of providing health insurance to their employees.

Insurance companies will be required to provide the Commissioner advance notice of rate increases, and the Commissioner will reject increases which are “unreasonable or excessive.”

Just another skirmish in the never-ending war against skyrocketing health insurance premiums.

Filed in Employment, Insurance | | Comments (0)

“Light Duty” Policies and Pregnancy… Watch your step!

Tuesday, March 2, 2010

It’s fairly common for companies to have formal policies to accommodate injured workers who, temporarily, cannot perform physically demanding job requirements; generally, these workers can be assigned to light duty until such time as they receive medical clearance to resume their regular duties.  In 2006, when Angie Welfare worked as a Fleet Services Clerk for American Airlines’ Cargo Division at JFK Airport, the airline had such a policy.

Ms. Welfare was a fifteen-year employee of the airline; then she got pregnant.  Her physician advised her against lifting more than ten pounds, but otherwise considered her able to work.  American Airlines, however, told her the light duty policy did not cover pregnancy, and Ms. Welfare was sent home without pay.

Ms. Welfare filed a complaint with the Equal Employment Opportunity Commission, which recently issued a Determination that American Airlines discriminated against Ms. Welfare by treating women with pregnancy-related restrictions differently from employees with non-pregnancy-related job restrictions.

Two things that stand out in this story–

First, Ms. Welfare filed her complaint in 2006, and didn’t receive a determination until February 2010; and such a determination actually doesn’t provide any relief to Ms. Welfare.  If she and the airline are unable to come to a resolution (with the assistance of the EEOC), Ms. Welfare can file a suit in federal court, where the EEOC’s determination may or may not be taken into consideration.  Needless to say, a federal suit adds considerable time and expense for both parties.  A reminder that it can take a very, very long time, and a very, very large amount of money, for these issues to get resolved.

Second, when Ms. Welfare’s baby was born, American Airlines sent her a congratulatory fruit basket.

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Using Social Media (also–what is “social media”?)

Monday, March 1, 2010

This is a pretty good article offering tips for small businesses on how to effectively use social media.

“Social Media” is a catch-all phrase for a number of new, uh, “customer outreach platforms” (“marketing” sounds so early-1990’s), including Twitter, Facebook, blogs, etc.  The most valuable tip in the article, I think, is the first one–recognize whether social media actually makes sense for your business.  It can be very time-consuming to do right, so you have to really see a return on it–or really enjoy doing it.

If you do decide to take the plunge, here’s an article which describes how the bag manufacturer Tom Bihn uses social media to keep in touch with its customers (or, in social media lingo, “fans”).

Filed in Marketing, Technology | | Comments (0)

Department of Labor’s 2010 Regulatory Agenda: This Isn’t Your Bush Administration’s DOL

Monday, February 1, 2010

This article summarizes the Department of Labor’s priorities for 2010, broken down by department.  Generally it appears the DOL plans to be a more active voice on behalf of employees and unions.

Of particular interest to small business owners will be the renewed focus on transparency in and enforcement of wage and hour and overtime rules and regulations.

Filed in Employment, The Government | | Comments (0)