Policies and Procedures

Labor and Employment | Compliance

We develop employment policies, employee handbooks, and workplace procedures that comply with applicable laws while supporting business operations and reducing litigation risk.

Overview

Building Compliant Workplace Frameworks

Sound employment policies provide the foundation for compliant, effective workplace management. MC Law's Policies and Procedures practice helps employers develop handbooks, policies, and procedures that comply with law while serving business needs.

Employee Handbooks

We draft and review employee handbooks covering all aspects of the employment relationship. We ensure compliance with federal, state, and local requirements while preserving at-will employment and management flexibility.

Policy Development We develop policies addressing specific workplace issues including harassment prevention, discrimination, leave, discipline, technology use, social media, and workplace safety. We tailor policies to client industries and operations. Multi-State Compliance Employers with multi-state operations face varying requirements. We develop handbook supplements and policy modifications addressing state-specific requirements while maintaining consistency where possible. Policy Audits Regular policy review ensures continued compliance. We audit existing policies against current legal requirements, identifying gaps and recommending updates. Implementation Support Policies are only effective when implemented. We train managers and HR professionals on policy application. We advise on consistent enforcement. Disclaimer and At-Will Language Proper disclaimers preserve employer flexibility. We ensure handbooks and policies contain appropriate at-will statements and disclaimers against contractual interpretation.

Frequently Asked Questions

An employee handbook establishes consistent workplace expectations, communicates policies required by law, provides documentation of policy dissemination, and helps defend against employment claims by showing policies were in place and communicated to employees.

Policies should be reviewed at least annually and updated whenever there are changes in applicable laws, business operations, or workforce composition. Major legal developments like new state leave laws or harassment standards should trigger immediate review.

Requirements vary by jurisdiction and employer size but commonly include anti-harassment policies, equal employment opportunity statements, FMLA notices, safety policies, and leave policies. Many states require specific policy language and distribution methods.

Policies should be distributed to all employees with signed acknowledgment of receipt and understanding. Electronic distribution and acknowledgment systems are generally acceptable. Maintain records of distribution, particularly for updated policies.

Yes, in some jurisdictions handbook provisions can be construed as contractual obligations. Include clear at-will disclaimers, reservation of rights to modify policies, and statements that the handbook is not a contract to minimize this risk.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.

Related Matters

StreamCo v. ContentPirate Networks

Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.

Venue: C.D. Cal.Result: Favorable Settlement
PhotoArt LLC v. Social Media Giant

Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.

Venue: S.D.N.Y.Result: $2.4M Judgment
GameDev Studios v. CopyCat Apps

Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.

Venue: N.D. Cal.Result: Preliminary Injunction
MusicPublisher Inc. v. AI Training Corp

Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.

Venue: D. Del.Result: Licensing Agreement
SoftwareCo v. Former CTO

Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.

Venue: E.D. Tex.Result: Summary Judgment
University Press v. Document Sharing Site

Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.

Venue: D. Mass.Result: Default Judgment

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