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In a recent case, a marijuana dispensary was forced to bargain with the Union even though the Union was not elected by the employees. The case demonstrates the consequences of unfair labor practices and the government’s new, lower threshold for giving unions the right to represent workers. Background The case involves allegations that the Company,…
Earlier this month, New York became the latest state to ban mandatory captive audience meetings when Governor Kathy Hochul signed into law Senate Bill 4982 and Assembly Bill 6604, amending New York Labor Law Section 201-d (“NYLL 201-d”). The new law prohibits New York employers from requiring employees to attend any company meeting having the…
When preparing for the transfer of a business, there are many stakeholders who can impact your plan. Some have direct authority or decision-making capability over the transaction, but others may have substantial influence. In general, it’s best to presume that anyone who has a relationship with the owner or the business will have some impact…
Program produced by XPX South Florida. The current temporarily high $12.92 million estate and gift tax exemption will “Sunset” on December 31, 2025. Starting January 1, 2026, the exemption is expected to return to approximately $7 million. The loss of approximately $6 million in exemption can result in an additional estate tax in excess of…
Do you want to get rich quickly? Very simple: Buy a business for its actual value, and sell it back right away for what the business owner values it. Many business owners overvalue their own business (after all, isn’t your business the most beautiful baby in the world?). What do you need to pay attention to…
This past month, in Stericycle, the National Labor Relations Board (NLRB) announced a new amorphous legal standard it will use to judge whether union-free employer’s rules and policies are lawful under the National Labor Relations Act (“NLRA”). The Stericycle approach dispensed the categorical approach which identified certain policies as always being lawful. Now every policy…
That is a question many businesses have faced over the years. Today, there are businesses that saw big increases in sales during the early days of the pandemic (2020 – 2021), but 2022 softened and 2023 seems kind of flat. This is especially true in many retail businesses “selling things”. Why? Because many consumers switched…
I believe one of the most understood transition /exit planning areas for business owners is when the goal is to move it to children, or other close family members. Clients for whatever reason often think moving their business to a child or multiple heirs is just about creating an agreement, maybe including a trust, figure…
“Opinions are like boats on the sea of knowledge; while they can guide us, it is important to navigate with caution and consider multiple perspectives.” Are you in the process of evaluating or updating your current website? If so, you’ll soon be drowning in stakeholder feedback. When conducting a site evaluation and content review, it’s…
How is your #leadership known and how do you want it to be known? What is your Leadership Brand? Simply put, your Leadership Brand is how you lead as the unique human being you are. It comprises your authenticity, clarity of expectations, vision, consistency, and value as a leader – and serves as a source of dependability…
In my work with family-owned businesses and various enterprises, I’ve observed a recurring theme: the unexpected pitfalls during the acquisition process. And let me tell you, nothing derails a potential deal faster than financial surprises. So, how do you ensure transparency and trust from both sides of the table? The answer lies in a Quality…
Is there an AI role in Exit Planning? The media is packed with stories about Artificial Intelligence. According to the stories, because a smart search engine (which is essentially what a Learning Language Model [LLM] is,) can pass a Bar exam, it threatens all kinds of white-collar careers. And in case you were wondering, no…
Selling a small business can be tough. One of the biggest obstacles to a successful business transfer is the lack of a strong team. Without a competent and reliable team buyers may hesitate to invest in the business. Owners should focus on building a workforce structure that can help drive the business forward. Potential buyers…
If you have ever traveled on the subway in London or the train system in England, I am sure you have heard the phrase “Mind the Gap” numerous times. “Mind the Gap” is the British version of the American admonishment “Watch Your Step.” The wording of the English warning was created in the late 1960s…
By Jeffrey Appleman Manufacturers are focused on sales—not cost or profit. If they were keen on net income, manufacturers would know one key data point: contribution margin. Once you know it, the possibilities are endless for growth, sustainability and efficiency. In effect, a contribution margin is the percentage of revenue that remains after you pay…
When considering religious accommodation, employers have enjoyed great latitude with accepting or rejecting requested religious accommodations. This was thanks in large part to the Supreme Court’s 1977 ruling in Trans World Airlines, Inc. v. Hardison, which held an employer need only show it would bear more than a “de minimis” cost/effort to demonstrate that a religious…
The road less traveled is often a misimpression when considering a transition from business ownership. Surveys show that roughly 85% of owners expect their exit to happen via a sale of the business to a third party. A third-party sale is certainly attractive. The idea of monetizing decades of work in one lump-sum payoff seems…
By Tim Jung As CFO, you have 60 months before the private equity firm sells your company again. And the newly installed CEO doesn’t like the company’s reports. Maybe the reporting isn’t timely or lacks the right numbers. Maybe it doesn’t tell a story from the progress that has been made, how you’re going to…
Exit strategy planning is an essential part of any business owner’s long-term strategy. Whether you’re planning to sell your business, retire, or pass it on to the next generation, the key to a successful exit is maximizing the value of your business. One critical factor in determining the value of a business is human capital….
During COVID-19 we experienced inventory shortages and the ships lined up waiting to get into the ports. • Today’s new reality is having excess inventory and shortages. • E-commerce created a new reality. Instead of shipping containers to customers individual products are being picked at the warehouse and shipped to the consumers. • High returns of merchandise…
There is no “I” in team. It is a phrase often cited and not attributed to anyone. So, I am going out on a limb to say there is an “I” in team and it is the most critical aspect of a high-performing team. No, this is not a reference to Michael Jordan’s quote of…
There is significant evidence that supply chains have “normalized.” Delivery times are fast and overall demand is low. Many companies are now looking at “longer-term” supply chain planning and changes. Some of these changes include multi-sourcing and digitizing supply chain operations. Geopolitical events and resulting tariffs/sanctions could quickly change the supply chain landscape, however, so…
Whether you are advising a company preparing for a future sale, or working with a new acquisition, it is helpful to understand the value that independent board directors can bring – for M&A, growth, strategy, and more. See more at: Optimize the Value of Your Company’s First Independent Directors | Private Company Director Steven…
Owners don’t like the “Exit” word. They tell us regularly to change it, or that talking about it is uncomfortable. It’s the elephant in the room. I understand. Anyone selling life insurance or funeral pre-planning knows that you don’t start with “So, let’s discuss what happens when you DIE.” For business owners, leaving the business…
When a periodic technology assessment results in a detailed remediation and investment roadmap, the business gains a comprehensive and strategic plan that focuses on various facets that collectively drive value. Through our experience in assisting numerous clients, we’ve seen firsthand the multitude of benefits derived from such initiatives. Here are the top benefits: Structured Risk Remediation: With…