May - 2020

Donna Ray Berkelhammer, Esq.

Protecting and Supporting Today's Small Business.™

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Guidance for North Carolina Businesses in Phase 2 of Reopening

Guidance for North Carolina Businesses in Phase 2 of Reopening

Phase 2 of North Carolina reopening started Friday May 22, 2020 in most places (not Durham). Please check with your city or county government before you reopen, as the MOST RESTRICTIVE order is what you follow. If you are over 65, have underlying medical conditions, or feel sick, continue staying home as much as possible. Businesses are encouraged to let employees telework if possible. Everyone should continue social distancing as much as possible. That means staying 6 feet

Managing Expectations

Managing Expectations

It is a challenging time to own a North Carolina small business. Much of the state is rural with few Coronavirus cases, yet everything is shut down. Business owners, employees and customers are scared and anxious. Things are beginning to open up, and that only increases the anxieties for all involved. Businesses, however, can control how they manage employee and customer expectations. Reopening is as much a public relations issue as a legal issue. Figure out what your poli

Don’t Risk an Improper Non-Compete Agreement During COVID-19

Don’t Risk an Improper Non-Compete Agreement During COVID-19

Courts don’t like restrictive covenants (non-compete agreements). They don’t like telling people who want to work that they can’t work. That is why these covenants need to be drawn carefully to protect a legitimate business interest. Non-compete agreements are often improperly used and are often thrown out upon court review. With COVID-19, the Federal government has issued a statement warning employers, staffing companies and recruiters of essential workers not to engage in

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