The Smart Entrepreneur

01/31/2026

12/15/2024

The new year is coming. That means it’s time to set your bu****it tolerance meter at ZERO! You can get a head start and do it now!

12/15/2024

If you are a person over the age of 40, and you feel you are being "pushed out" of your job because of your age, do not just quit your job. Get legal advice from a lawyer licensed in your state BEFORE you quit or take any other action.

When you quit your job, (or even make a report to HR on your own) you deprive a lawyer of important bargaining tools and you lock your lawyer into the way you phrased your complaint. Don't do that.

Also if you quit your job, you will likely deprive yourself of unemployment benefits, which you may well need if you quit your job before you have another one.

The best time to get legal advice is ALWAYS before you act. NO EXCEPTIONS!

12/15/2024

Business owners: A federal court in Texas has ruled that the Financial Crimes rule that I posted about earlier (where you have to register the beneficial ownership of your company by January 1, 2025 or be punished with a punishment of over $500 PER DAY is unconstitutional. The court ruling stated that it had a national effect and that people don't have to comply with it until the appeals process is complete. Notably, the website for the US financial crimes unit says nothing about the requirement being subject to a national injunction.

The ruling has been appealed and it is not at all clear what is going to happen since the Trump administration will be in charge of the Department of Justice starting on January 20. The new administration may decide to continue the appeal-or not.

Bottom line: this requirement is in flux and everyone should be prepared to file quickly if necessary because it is not clear whether or when this requirement is going to be enforced.

I will post an update when I hear further news but each person should be mindful of the news about the beneficial ownership filing requirement and keep up to date on the appeal.

WASHINGTON—Today, the Financial Crimes Enforcement Network (FinCEN) published its first set of guidance materials to aid the public, and in particular the small business community, in understanding upcoming beneficial ownership information (BOI) reporting requirements taking effect on January 1, 2...

11/04/2024

Business Owner Alert:
If you own a US business and it is an entity that is registered with the Secretary of State ( or equivalent in your state) most of you will need to file a disclosure of beneficial interest ( basically who is making the decisions or benefitting financially from the entity) with the federal government by Dec 31.

IF YOU ARE REQUIRED TO FILE AND YOU DONT, IT IS A FIVE HUNDRED DOLLAR PER DAY PENALTY.

There is more informarion below on this page about the filing requirements.

Don’t miss this filing deadline!!

05/31/2024

ALERT ON NON COMPETE AGREEMENTS:

The FTC issued a rule (effective Sept. 4, 2024) invalidating non compete agreements nationwide for all emplorees except “ senior executives.” There is also a limited exception for non- competes connected to sales of businesses.

The new rule also requires employers to post a notice on or before Sept 4 2024 advising employees of the change. If your employees speak a language other then English, it is best practice to have the notice translated.

The rule will invalidate most non compete agreements ( including existing non compete agreements AND any type of arrangement that effectively operates as a non compete restriction) retroactively as of Sept. 4, 2024.

To qualify as a “senior executive”, the employee must have the ability to make policy decisions and must make at least $151,164.

The rule is currently being challenged in court but as of now, it is expected to go o to effect on Sept. 4, 2024 unless there is a court ordered stay befire thet time.

01/18/2024

Here is an important heads up for business owners.

There is a new financial crimes law that has gone into effect January 1, 2024 called the Corporate Transparency Act.

The Act basically requires all entities that are formed by filing a document with the Secretary of State (and some foreign entities) to file a disclosure form stating who has either a "beneficial ownership interest" or who substantially controls the entity.

The deadline for filing depends on when the entity was formed.

For entities formed before December 31, 2023, you have until the end of 2024 to file.

For new entities, (created after December 31, 2023), you have 90 days to file your initial report.

When there is a change of control or beneficial ownership, an update must be filed within 30 days.

The penalties for not complying with the reporting requirement are a bit shocking....$500 PER DAY and a possible jail sentence.

There are 23 exemptions from the reporting requirement.

You can find out all the details here:

FinCEN has prepared the following Frequently Asked Questions (FAQs) in response to inquiries received relating to the Beneficial Ownership Information Reporting Rule.

05/22/2023

Alert for Massachusetts Employers:

In March 2023, the Massachusetts Commission Against Discrimination published a revised discrimination notice regarding pregnancy and pregnancy-related conditions.

Pregnant Workers Fairness Act prohibits employment discrimination on the basis of pregnancy and pregnancy-related conditions.

Pregnancy and pregnancy-related conditions include lactation or the need to express breast milk for a nursing child.

The Act describes employers’ obligation to employees that are pregnant or lactating and the protections such employees are entitled to receive.

The State and Federal Employment Law mandates posting the correct and updated workplace poster in an area that is frequently visited by all employees.

Failure to comply with the requirements can result in fines, penalties, or lawsuits.

Be sure to update your labor law posters every year.

03/25/2023

Here is a link to the live video I did today on the Women's Entrepreneur Network about how to protect your business assets. https://www.facebook.com/100000747942827/videos/2552747541530985/

03/17/2023

Here is part two of the "live" video I did for the Women's Entrepreneur Network on what you NEED to include in your confidentiality agreement. If you didn't see part one, it is below.
https://www.facebook.com/100000747942827/videos/1425723974631718/

03/17/2023

Here is the "live" video I did for the Women's Entrepreneur Network on why, if you own a business, you MUST have know what a confidentiality agreement is and when to use it. This is part one of two videos.

https://www.facebook.com/100000747942827/videos/602508801397208/

03/17/2023

For those of you in business I have created a book of editable legal documents for business owners and entrepreneurs to help you protect your business interests and help you avoid hidden legal landmines.

If you are in business, you need these documents.

These are documents I use myself and have perfected over thirty years of representing business clients.

I have included (required) policies, professional services contracts, business formation agreements, a confidentiality agreement (NDA) and sample business forms.

Each form has instructions and info as to WHY you need the document and in what circumstances you should use it.

They are easy to use, fully editable. and customizable for your business.

I am offering it for a limited time for $97 (66% off).

That's right. You cannot buy 15 minutes of a lawyer's time for $97!

There is no longer any excuse to leave your butt exposed and risk everything you have worked so hard to build.

You should do this now. Click here for more info.
http://askdianna.com/wen-docs-premium