In celebration of Small Business Month, WFJ is spotlighting the legal insights that matter most to growing companies by sitting down with one of our trusted employment law attorneys, Rebecca Corcoran. With a deep understanding of the challenges small businesses face, Rebecca brings a practical, relationship-driven approach to legal guidance. From common compliance pitfalls to proactive policy planning, this interview offers timely advice for small business owners looking to protect their teams, their operations, and their futures.

What is your favorite part about working with small business clients?

“My favorite part is the direct, collaborative relationships I build with small business owners. I appreciate their passion and agility, and I enjoy being their legal sounding board-whether it’s helping them interpret evolving employment laws or brainstorming practical policy updates. There’s a real impact in knowing my guidance helps foster workplaces that are no only compliant, but also fair and sustainable.

If you could give one piece of legal advice to someone starting a new business, what would it be?

Start strong by setting up foundational policies-especially around wage and hour practices, leave policies, and anti-discrimination protections. Even if you only have a few employees, clear and legally sound practices prevent problems down the line. Don’t wait until there’s an issue to call an attorney-proactive compliance is always more cost-effective than crisis management.

What are some of the most common mistakes you see small businesses make when it comes to employment law?

A common and growing issues is how businesses handle state mandated paid sick leave. Many employers try to roll it into an existing PTO policy without realizing that these laws often include strict accrual, usage, and carryover rules that differ from standard PTO. If policies aren’t updated to reflect the specific legal requirements-like tracking hours worked for accrual purposes or allowing sick time to be used for safe time or caregiving-it can lead to unintentional violations and employee complaints. It’s not enough to be gnerous with time off; compliance requires structure and documentation.

What’s one thing business owners often overlook in their employee handbooks or workplace policies?

They often fail to update policies as requirements and legal definitions evolve. Many handbooks rely on outdated boilerplate language. For example, it’s common to see protected class definitions that overlook newly recognized statuses like gender identity, genetic information, or marital status in certain jurisdictions. This omission not only undermines inclusivity but also weakens the company’s position in the event of a complaint or legal challenge. A well-drafted handbook is more than a formality-it’s a reflection of the company’s values and frontline defense against liability.

How can small businesses stay compliant with employment laws without having a full in-house HR team?

Work with an outside advisor who understands both legal compliance and business operations. I provide clients with scalable tools like policy templates, customized handbooks, and scheduled check-ins so they’re not blindsided by new laws. I also help them weigh what’s legally required versus what’s good for morale-those soft issues matter just as much when you’re building culture and retaining talent.

What’s one of your favorite small businesses?

That’s a tough one-there are so many inspiring businesses. But I really admire locally owned shops that double as community hubs. I have a special appreciation for client-focused providers like wellness clinics or local outdoor gear shops. Their missions often center around community and lifestyle, and it’s rewarding to help them grow while staying true to their values.

In the world of commercial finance, risk management is essential-and one of the most important tools available to creditors is the Uniform Commercial Code (UCC). If your organization extends credit or leases high-value equipment, understanding how to leverage the UCC can mean the difference between secured and unsecured recovery in a default situation.

What is the UCC?

The Uniform Commercial Code is a standardized set of laws governing commercial transactions in the United States. Article 9 of the UCC specifically addresses secured transactions, enabling lenders and sellers to file legal claims against the collateral that backs a loan or a line of credit.

At the heart of this process is the UCC-Financing Statement-a public filing (usually with the Secretary of State) that puts the world on notice: a creditor has a legal interest in the debtor’s property.

Types of UCC Filings

There are two primary types of UCC filings:

General (or Blanket) Filings: These cover all of a company’s assets, not just a specific item. anks often use blanket liens to secure lines of credit or loans, giving them the right to repossess a borad range of assets if a default occurs.

Specific Collateral Filings: These narrowly define the collateral-such as inventory, accounts receiveable, or equipment. This approach is commonely used by vendors or leasing companies who want to secure interest in a particular asset or class of assets.

Within specific collateral filings, a Purchase Money Security Interest (PMSI) stands out. PMSIs allow the creditor to leapfrog others in terms of priority, provided certain requirements are met, including early notification and timely filing.

Getting it Right: Filing Procedures

To perfect a security interest and maintain priority, a creditor must:

1. Obtain a signed security agreement– This could be part of a credit application, a promissory note, or a stand-alone document.
2. File a UCC with the correct information:
   • Full legal name and address of the debtor
   • Creditor’s name and address
   • Precise description of the collateral (e.g., “Debtor’s inventory…now owned or hereafter acquired…”)
3. Monitor expiration dates: UCC-1 filings are active for 5 years and require a continuation statement within 6 months of expiration.

Stay tuned for Part Two, where we’ll walk through priority disputes, enforcement in default, bankruptcy implications, and what happens when businesses merge or reorganize.

Running a small business means wearing a lot of hats—but one area that can’t be overlooked is employment law. Even unintentional missteps can lead to costly consequences. Here are a few common pitfalls—and how to avoid them:

It might seem easier to 1099 someone instead of putting them on payroll, but the IRS and Department of Labor are cracking down on misclassification. If you control when, where, and how someone works, they’re likely an employee.

✅ Tip: Review job roles carefully and use government classification tools or consult an attorney.

Even small teams need structure. Without clear policies, you’re more vulnerable to inconsistent practices—and potential legal claims.

✅ Tip: Create a simple handbook outlining expectations, time off policies, and anti-harassment rules.

Yes, most employment is at-will, but that doesn’t protect you from claims of discrimination, retaliation, or wrongful termination.

✅ Tip: Always document performance issues and follow a consistent disciplinary process.

Overtime laws still apply—even if your employee “doesn’t mind” working late. Many businesses get tripped up here.

✅ Tip: Know your state and federal wage laws and track hours accurately.

Yes, even your breakroom needs legal attention! Federal and state laws require certain postings for employees to see.

✅ Tip: Order a current labor law poster set annually or use a service that keeps it updated.

Final Thought:
You don’t have to become an employment law expert—but having the right legal partner can make all the difference. If you’re unsure about your obligations, it’s better (and often cheaper) to ask before a problem arises.

✅ Need help reviewing your policies or contracts? Reach out to our team. We’re here to help your business grow—without legal headaches.

May is Small Business Month-a time to celebrate the entrepreneurial spirit and the incredible effort that goes into building a brand from the ground up. One of the most overlooked legal tools in a small business’s toolbox? Trademarks. Whether you’re launching a new venture or growing an established one, understanding trademarks is essential for protecting your business identity and long-term success.

Here are some frequently asked questions-along with some extra insight from our team-to help small business owners make smart, informed decisions about trademark protections.

When Should I Think About Getting a Trademark?

As early as possible-ideally when choosing your business name, logo or tagline. 

Trademarks are more than just symbols or words, they’re legally protected identifiers of your brand. Conducting a clearance search before committing to a name can save you from legal battles and rebranding costs later. Early trademark planning also gives you a competitive edge by helping you secure exclusive rights before your competitors do.

WFJ Tip: Even if you’re not ready to launch, you can still start the process through an Intent-To-Use application (more on that below).

How Long Does it Take to Get a Trademark?

On average, it takes 14-15 months to receive the full registration. 

The trademark process isn’t immediate-it involves detailed examination by the United States Patent and Trademark Office (USPTO), a public opposition period, and possible office actions (requests for clarification or denial). During this time, your application goes through several rounds of review.

WFJ Tip: Start early so you don’t have to delay a product launch or marketing campaign while waiting for trademark approval.

I’m Interested in Getting a Trademark-Where Do I Start?

Start with a comprehensive clearance search. 

This search checks federal and state databases-and sometimes even common law sources-to see if your desired name or logo is already in use. Skipping this step increases your risk of accidentally infringing on someone else’s trademark, which can lead to costly litigation or forced rebranding.

WFJ Tip: Let our legal team handle this for you. We know what to look for and how to advise you on risk.

Do I Have to be Offering the Product/Service Before Applying for a Trademark?

No! You can file on an Intent-to-Use basis. 

This type of application allows you to “reserve” your trademark for up to 6 months (with extensions available), giving you time to prepare for launch while securing your rights. Once your product or services hits the market, you file a “statement of use” to complete registration.

WFJ Tip: This is ideal for startups and pre-revenue businesses. It protects your branding while you finalize development or marketing plans.

Once My Trademark is Registred, What Does It Protect and For How Long?

It protects the specific goods/services listed in your application-and can last forever with proper maintenance. 

Trademarks don’t automatically cover everything your business does. They are tied to specific categories (called “classes”) of goods and services. After registration, you must file maintenance documents to keep your rights active:

• First maintenance due between 5-6 years
• Renewals required every 10 years

WFJ Tip: Ongoing protection=ongoing value. Your trademark becomes a business asset that can be licensed, sold, or used to stop copycats.

Small Business, Big Protection

Investing in trademark protection is one of the smartest moves you can make as a business owner. At Wagner, Falconer & Judd, we help simplify the trademark process so you can focus on building your business with confidence.

Legal issues can arise when you least expect them-whether it’s a contract you need reviewed, a dispute with a landlord, or simply needing legal advice before making a decision. The good news? With your LegalShield membership, you don’t have to navigate these situations alone or worry about the high cost of hourly attorney fees.

Here’s how the LegalShield membership works, and what kind of support from our team at Wagner, Falconer & Judd you can expect:

Ask Legal Questions Anytime

Have a legal concern or question? With LegalShield you can call your provider law firm or submit your question through the LegalShield app. An attorney will return your call within four business hours to provide guidance and clarity on your situation. Whether it’s a quick question or something more complex, you’ll have experienced legal support just a phone call away.

Recieve Critical Assistance

If you’re dealing with a dispute-say with a contractor, neighbor, or business-our attorneys can step in to help. They can write letters or make phone calls on your behalf, which can often resolve the matter quickly. You’ll also have access to legal templates and documents, giving you the tools you ned to take the right next steps.

Get Feedback on Documents

Need a contract reviewed before signing? You can upload documents directly through the app or online portal, and a WFJ attorney will review them and provide feedback within three buisness days or less. It’s a simple way to make sure you’re protected before you commit to anything in writing.

Hire an Attorney for Less

If your legal needs go beyond what’s included in your membership, you can still access affordable support. LegalSheild members receive at 25% discount off the standard hourly rate for additional services from WFJ-helping you handle more complex legal matters without breaking the bank.

Legal Help that Fits Your Life and Budget

With LegalShield, legal support is no longer out of reach. Whether you’re reviewing a lease, handling a traffic ticket, or navigating a more serious issue, your membership gives you afforable access to trusted attorneys who are ready to help.

Have questions about getting started with your new membership? Contact us to learn more. 

As marijuana legalization spreads across the country, employers face increasing confusion about how to handle marijuana in the workplace. With a patchwork of state laws, federal regulations that haven’t budged, and complicated questions around testing and impairment, it’s more important than ever to ensure your policies are up to date-and legally compliant. 

Whether you’re navigating medical marijuana requests or figuring out how to handle a positive drug test, here are 20 essential things to know:

1. Marijuna is still illegal at the federal level.

Despite its legalization in many states, marijuna remains a Schedule 1 controlled substance under federal law. That means employers-especially those who follow federal rules-must tread carefully.

2. Employers can enforce drug-free workplace policies.

You still have the right to maintain a zero-tolerance policy-even in states where marijuna is legal-if it aligns with your workplace needs and safety requirements.

3. DOT-regulated employees are prohibited from using marijuana.

The Department of Transportation (DOT) prohibits marijuna use for safety-sensitive roles, regardless of state law or medical authorization.

4. DOT drug tests include THC screening.

A positive marijuana test is considered a federal violation for DOT-regulated employees and can disqualify them from performing safety-sensitive functions.

5. State laws are all over the map.

Some states protect off-duty marijuana use, others don’t. Know the rules in every state you operate in to avoid missteps.

6. Medical marijuana users may be protected by state law.

States like Arizona and Illinois have laws protecting registered medical marijuana users from adverse employment actions-as long as they’re not impaired at work. 

7. Impairment matters more than positive tests in some states.

In certain states, a positive drug test alone isn’t enough for discipline or termination-especially if the employee is a registered medical user. Actual workplace impairment must be demonstrated.

8. On the job impairment is never protected.

Even in the most cannabis-friendly states, being high at work is still grounds for discipline or termination. 

9. Pre-employment testing policies are evolving.

Some states, like Nevada and New York, restrict pre-employment marijuana testing for certain positions. Consider revising your testing policies accordingly.

10. There’s no reliable way to test for real-time impairment.

THC can remain in the body for days or weeks after use. A positive test doesn’t always mean someone is impaired-which compliments enforcement. 

11. In many states, you can still fire someone for a positive test.

Unless state law says otherwise, employers are often within their rights to terminate for marijuana use-but consistency and documentation are critical.

12. Consistent policy enforcement is crucial.

To avoid legal trouble, apply your drug policies fairly and equally across your workforce. Inconsistent discipline can open the door to discrimination claims.

13. Safety-sensitive positions deserve special attention.

It’s reasonable (and often necessary) to apply stricter standards for safety-critical roles where marijuana impairment could be dangerous.

14. Disability accommodations may be triggered.

Some employees using medical marijuana may qualify for accommodations under state disability laws-but marijuana use itself is not protected under the federal ADA.

15. Post-incident testing must be justified.

OSHA discourages automatic post-incident testing unless there’s a reasonable basis. Make sure you’re testing in response to real concerns.

16. Reasonable suspicion testing requires training.

Managers and supervisors should be trained to recognize signs of impairment and document those observations carefully. 

17. Random drug testing must follow clear procedures.

Random testing should be truly random, non-discriminatory, and compliant with any applicable state laws.

18. Off-duty recreational use is protected in some states.

States like California, Minnesota and New Jersey now prohibit adverse employment actions for lawful, off-duty marijuana use in many cases-unless job performance is affected.

19. Clear, written policies are non-negotiable.

A well-crafted policy should spell out expectations, testing procedures, and consequences-and it must include marijuana. 

20. Consult with legal counsel before you terminate.

Especially in states with employment protections, always check with your legal team before disciplining or terminating an employee for marijuana use.

As marijuan laws continue to evolve, employers need to stay proactive. A “one-size-fits-all” drug policy no longer works. The best approach? Stay informed, tailor your policies by jurisdiction and job type, and work with trusted legal counsel to reduce risk while keeping your workplace safe and compliant. 

The Employment and Labor attorneys at Wagner, Falconer and Judd are here to support you through it all. Learn more about our subscription services for businesses-here! 

If you’re dealing with old debts, you might be wondering whether a debt collector can still sue you. The answer lies in something called the statute of limitations-a legal time limit for debt collectors to take action.

What is the Statute of Limitations on Debt?

That statute of limitations is the period during which a creditor or debt collector can legally sue you to collect on a debt. After this period passes, your debt is considered “time-barred”, and while you may still owe the money, a collector cannot sue you in court to enforce the debt.

How Long is the Statute of Limitations?

In general, debt collectors or creditors have 6 years from the date of your last payment or acknowledgment of the debt to file a lawsuit. This means if you haven’t made a payment or admitted to owing the debt in that time, they may be out of legal options to collect through the courts.

What Can Restart the Clock?

It’s important to be cautious-certain actions can restart the 6 year clock:

• Making a payment: Any payment-no matter how small-resets the 6 year statute of limitations.
• Acknowledging the Debt: Simply admitting that you owe the money (even in a phone call) or asking for more time to pay can restart the clock.

These seemingly small actions can give debt collectors a fresh opportunity to sue.

What if a Debt Collector Still Sues?

Just because a debt is time-barred doesn’t mean a collector won’t try to sue. A lawsuit officially starts when you’re served with a summons and complaint-not when it’s filed in court.

If this happens, you must respond-usually within 20 days-by serving an answer and asserting the statute of limitations as a defense. If you don’t respond, the court could enter a default judgment against you, even if the debt is legally uncollectible.

What Happens if a Judgment is Entered?

A judgment gives the deebt collector powerful tools to collect the debt, such as:

• Placing a lien on your real property
• Garnishing wages
• Levying your bank account

A Word of Caution

While the statute of limitations can protect you from being sued for old debt, relying on it as a strategy to avoid your obligations is risky. The creditor can sue at any point within the 6-year window, and unpaid debts can damage your credit for up to 7 years-or even longer for certain types of debt like student loans and tax debt.

Final Thoughts

If you’re unsure about the status of debt or have been contacted by a collector, don’t go it alone. Understanding your rights-and your risks-can help you make informed decisions. In some cases, seeking legal guidance can help you protect yoruself and your financial future.

WFJ can help with that.