Month: September 2018

Legal Branding

Why Employers Should Drug Test Their Employees

on September 20, 2018

Drug use in the United States has fluctuated over the years, yet one problem which still arises today is not having a work environment free of the dangers of substance abuse. The problem of drug use in the workplace is still a growing trend and many employers are standing up against the prevention of hiring and eliminating drug-using employees in the workplace through instant drug tests which can be a lifesaving asset for your business.  

The Importance of Drug Tests

OSHA (Occupational Safety and Health Administration) statistics show about 75 percent of the current illicit drug users in the United States 18 and older are employed – that is an estimated 10 million people. Statistics also show that on a daily basis, at least 42,000 Americans come to work under the influence or even getting ‘high’ while on the job. With marijuana being the most commonly used drug and being legalized for recreational use in many parts of the country, we anticipate the number of drug users in the workplace to only increase unless business owners stand up against hiring any drug user or by cleaning up their current list of employees by enforcing a drug testing procedure in their business plan. The burden of drugs in the workplace will get worse if employers do not take extra measures to protect their businesses to screen new and current employees. It is already estimated that businesses lose approximately $100 billion each year alone from problems arising from hiring a drug user. Not only should drug testing be integrated into the hiring process, but it should also be done every couple of months for pre-existing colleagues. If you’re unsure of which products are best, it’s definitely worth researching various drug test kits, but products similar to the 10-panel drug test are great.

The burden and costs to business owners of hiring a drug user in the workforce include:

  • Higher missing work rates
  • Higher accident rates
  • Higher turnover
  • Less quality and productivity work

Keep the Workplace Safe One Employee at a Time

Drug use can impair one’s judgment, give slow reaction times and is just plain out dangerous and a liability nightmare for some business owners. For some businesses, it can be more of a liability to have a drug user as one of their employees, such as factory worker in charge of an assembly line or an employee who is driving on the job making errands or deliveries, can be disastrous in terms of liability and safety. By incorporating a drug screening plan, your employees are looking forward to staying drug-free and you are helping your business avoid those small mistakes which can cause an accident and lead to serious injury or even death. It’s important for employees to be fully cognizant while on the job and that’s why we’ve incorporated an instant drug screening device to help you and your business.

Employee Performance

Employees under the influence of drugs may struggle to stay on task, come in on time or even do the job right. At the end of the day your business will struggle should you be allowing employees who use drugs in your workforce. A common instant use drug test allows employers to target a strategy to exclude those employees who aren’t reaching their full potential due to illicit drug use, removing weak links and improving their company’s performance by eliminating the weak link. At the end of the day, it’s about your business and you need to protect your asset by only hiring viable workers who can show up on time, do the job as described and aren’t a liability for your company.

Turnover Rates

One of the more common issues is any small business is the amount of turnover rates. By prescreening your employees with an instant use drug test as part of a pre-employment procedure, you are opting in possibly saving your business thousands in extra labor costs in terms of the hiring process, training, and work placement. As big as a problem as turnover rates are for many small businesses, instant use of drug tests are a simple way to reduce the problem prior to any employment agreement between the possible employee and your company. 

A Drug Test Made for Your Business

There is no denying that workplace drug testing offers a careful way to establish the truth of someone’s drug use and as a protection, many business owners have opted in using drug test procedures to screen their new hires and current list of employees. In situations where the employee has a responsibility for the safety and/or welfare of others, and the employer has a responsibility to ensure the employees’ competence is viable for the job, is a strong argument for workplace drug tests to be carried out for both liability and productivity of the business.

However, if a workplace drug test procedure will be carried out, there are some basic ethical principles which need to be taken place to avoid any violation of the rights of the employee.

These include, but are not limited to:

  • Consent: Current and upcoming employees should know, ideally prior to taking the job, that drug abstinence is an expectation to fulfill the job at hand, and the workplace drug test is a planned occurrence in the business and mandatory requirement prior to being hired.
  • Confidentiality: People’s privacy must be respected, including whether workplace drug testing has taken place as well as the result.
  • Disability discrimination: An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Prescribed medications may turn up on drug tests, and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions of users with conditions which are prescribed by a doctor. If an applicant is turned down because of a positive drug test, and the applicant’s medication was legally prescribed for a disability, the company could be liable.
  • Repeat tests should be conducted when a workplace drug test is positive, and your employee should be given the opportunity to explain a positive drug test result to avoid possible discrimination or false positive test.
  • Provide resources on addiction counseling and/or rehab for those who are positive on a drug test.

Beyond the immediate financial impact of reduced quality, productivity, and strict liability caused by drug users in the workplace, there is also the long-term risk of losing market share due to a competitor or a loss in business reputation and credibility. With review sites such as Yelp, Google and Angie’s List to name a few, whatever happens even as a one-time occurrence may have a devastating effect on your business for years to come.

By taking the necessary step to protect your business today, you will reduce a great deal of risk by mandating a drug test on a regular occurrence in your HR department hiring process and current employee roaster. As an investment towards your business, the drug test itself is a minimal cost compared to employing a drug user.

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Disclaimers

*Consult with your local state jurisdiction for further laws on state municipal codes regarding employee drug testing. This website or contents within are not listed as legal advice.

Digital Branding

The Groundbreaking Impacts of AI and Machine Learning on Marketing

on September 19, 2018

How AI and Machine Learning Can Revolutionize Marketing

Artificial Intelligence and machine learning are two of the hottest buzzwords that are dominating the discourse in business and academic spheres. This is rightly so because AI and machine language have enormous possibilities and applications for various sectors. Essentially, AI and machine learning are a new way of creating problem-solving systems that will have the ability to become self-aware, at least in the distant future.

Marketing being a prominent industry, where AI can play a substantial part and bring revolutionary results. In recent years, there has been a palpable influx of AI-powered advanced data analytics tools (based on machine learning algorithms), growing availability of sophisticated data sets, and an informed decision making based on big data. Machine learning, on the other hand, has extensively changed the landscape of digital marketing by focusing on personalization, behavioral targeting, micro-targeting, and other marketing parameters.

Here is how AI and machine learning will impact marketing:

Processing of data for the success of online marketing

Effecting marketing is utilizing popular platforms to market and sell products; successful marketers have consistently done that. First, it was email marketing, then they depended on Google to advertise their products, and then came Facebook and being used as an important tool. Currently, Instagram and Snapchat are prominent platforms. Artificial Intelligence and machine learning are great at working and processing data. As an example, a machine learning system can process the customer behavior of a particular demographic by analyzing which customers can come back and likely to purchase. When this insight is combined with marketing automation, potential customers could be converted by sending them an ultra-relevant deal. Also, in online marketing, when content marketing agency distributes customized content with the help of AI-powered tools to the right audiences, then it is a win-win situation for marketers and customers.

Extreme personalization

Intelligent automation and machine learning will help future businesses personalize and humanize engagement and reach the maximum number of audiences more effectively. Marketers will readily integrate machine language and AI personalization solutions into their strategies. By doing this, they will be able to deliver exponential accuracy and better results, which will immediately impact their bottom lines. Furthermore, AI and machine learning will help businesses personalize offerings as customers shop, optimize their journeys and click paths, and better predict what they want next. This ultra-personalization will result in even greater conversion rates. Online shoppers are increasingly expecting a customized experience now and they want retailers to know their preferences. Thus for online businesses, it is extremely important to customize their online shop with powerful web hosting platform in order to meet customer expectations.

Chatbots for great user experience

Chatbots are already performing certain tasks such as chatting with a user through a conversational interface. So the most advanced bots will be powered by AI and machine learning, helping it to understand complex requests, personalize responses, and improve interactions over time. Since communication is increasingly becoming advanced and chatbots are its new extension. They are taking over social media marketing and allowing marketers to engage with users in terms of content consumption, customer service, and transactional engagements. Chatbots are available to companies of any size, which gives small businesses an opportunity to compete with established brands.

Predictive delivery

Predictive delivery utilizes machine learning algorithms to deliver consumers highly researched, specifically targeted product recommendations, wherever they engage with a brand. 35% of Amazon.com’s revenue is generated by its recommendation engine. Interaction taking place between brands and consumers, whether through e-commerce sites, social media, or in-store, will be stored and tracked down using AI. Predictive solutions then analyze these insights and determine the most logical steps, and finally predict actions that specific consumer profiles will take. Predictive engines will be highly instrumental in creating and executive personalized marketing strategies. These solutions will be fully developed and rendered through mobile apps. Predictive delivery is important because consumers have become more tech-savvy and brand awareness and they are also becoming more cognizant of their options.

Wrap up

There is still a long path to tread since we are in the early days of AI’s influence on consumer behavior. We have yet to hand over our obsession of making decisions to machines. As AI-powered systems become more powerful, reliable and sophisticated, we’ll all start to “outsource” more of our consumer search and choice set construction tasks to AI and machine learning. It is, therefore, critical to understanding AI and machine learning and their powerful potential to shape marketing.

Local Branding

Branding in Bulk: 4 Steps to Successfully Spread Brand Awareness to a Large Audience

on September 18, 2018

Promotional products are a valuable resource for businesses of any size. They help to increase brand awareness and they help you stand out from your competitors, all while successfully targeting the right customer. Customers love getting free items that are useful to them, and you reap all the rewards by staying front-of-mind with anyone that sees the item. Purchasing a few promotional products is one thing. When you really want to see the benefits of them increase exponentially, you purchase promotional products in bulk. To make the most of your marketing budget, you need to follow these four strategic steps:

Set a Clear Objective

There are many reasons to implement a promotional product campaign, and the one you choose will play a role in the type of product you should select. Is your company looking to simply increase brand awareness and spread the word about your organization? Or do you want to increase sales by a certain percentage as a result of the promotional product blitz?

Choose the Right Promotional Product

There are literally hundreds of promotional products available, offering everything from pens to tote bags to USB drives and beyond—but not all of them will work for every business model. To determine the one that will work the best for you, ask yourself these three questions:

  • Who is your target audience? How do they spend their time? What do they do while they are at work? After evaluating these things, you can select a product that will be beneficial to them in their daily lives. Crazy products can get your attention, but it is the functional products that actually get used and help spread your messaging even further.
  • What message do you want to spread? Are you setting the tone for the brand of your business? Do you just want to get attention? Choose a promotional product that fits the quality and appearance of your brand. Every detail matters. A cheap pen will relay to recipients that you are a cheap company, while a classy pen that writes well will help you be known as a top-class brand.
  • What relates to your company? While all promotional products will have your company name on them, if you want the biggest bang for your buck, you will want to tie that product back into your marketing message. Ex: If your company helps to solve a problem, you could give out a Rubik’s cube. Then you could put a catchy phrase on it, such as, “We are here to solve your pest control problems.”

Start Small Before Going Big

After you have gone through the analysis process and determined the ideal promotional product for your company and target market, test your theory. The last thing you want to do is invest your full budget from the get-go only to determine your analysis was wrong. Start small, make sure your hypothesis can be proven, and then start your massive distribution.

Include a Way to Track Success

One of the most challenging aspects of promotional products is tracking their effectiveness. But there are some things you can do to keep tabs on your ROI:

  • Create a landing page for the product that only promotional product recipients have access to.
  • Include a unique promo code to use on your website.
  • Create an email address specific to each product so you can see what people are responding to.
  • Ask customers how they heard about you when they visit your store.

By taking the time to thoroughly investigate your target market and then choosing a product that they will love to use, you can experience great success by using promotional products in bulk.

Legal Branding

Drunk Driving – The Worst Way to Mix Business and Pleasure

on September 16, 2018

Alcohol consumption is ingrained in contemporary business culture. Movies like the Wolf of Wall Street glamorize the idea of mixing business with booze. However, socializing after work can have devastating consequences.

Could a DWI End Your Career?

According to Tyler Flood, Criminal Defense Attorney, many professionals aren’t aware of the seriousness of a DWI.

High profile corporate positions require employees to be outwardly reputable. DWI convictions reflect negatively on organizations. For this reason, high-profile positions are only tenable by employees who can pass rigorous background checks.

How To Behave When Mixing Business With Booze

Socializing after work shouldn’t be avoided entirely. Employees who remove themselves from social events, risk the stigma of ‘not being team players.’ All that employees need to remember, is not to let their hair down completely.

Rules for Surviving Boozy Office Socials

Drunk driving convictions can jeopardize the employability of even entry-level workers. The first rule of socializing is, therefore, to always leave car keys at home.

Consider Participating without Drinking

Office socials are a fantastic way to better connect with colleagues. However, socializing doesn’t have to include alcohol. Instead, consider choosing soft drink alternatives. Doing so will often command respect from peers and higher-ups.

Keep Your Professional Cool – Even if You Don’t Want To

Crossed communication wires are the number one reason behind alcohol-fueled altercations. In office contexts, there will always be someone with opposing views to your own. In this case, remember to project the same professional persona you do at work, during even informal get-togethers.

Like it or Not, Your Boss is Watching

There is always someone at the office Christmas party who takes things too far. You never want to be that person. Employers, clients, and supervisors will pick up on poor etiquette. As far as they are concerned, you still represent your company, even when not officially on duty.

What to do When Things Go Wrong

When mixing business with booze, you need to be on your best professional behavior. Sadly, other people around you might not be.

  • If you see a colleague who seems to be testing their limits, politely pull them aside and advise that they call time on the evening
  • Never stand for behavior which would be considered inappropriate in the workplace
  • If you find yourself at a DWI checkpoint after an office social, follow the advice of Tyler Flood, Criminal Defense Attorney, and know your full rights

Drunk Driving and Roadside Sobriety Tests

Intoxilyzer breathalizers used by police aren’t 100% accurate. Also, when submitting to chemical blood tests, drivers have the right to have independent tests performed within 2-hours of the original.

Even if you are sure you are under safe driving limits, police tests may show false positives. In this case, always seek professional legal advice immediately after a DWI charge.

Legal Branding

Houston Drink Driving Penalties – Protecting Your Reputation

on September 15, 2018

Drink driving penalties in Houston vary in accordance with the severity of offenses. Repeat DUI charges are felonies punishable by fines and jail time. Because penalties are severe, it is important to seek legal counsel from a Houston DWI lawyer, as soon as charges are brought forward

Surviving a DWI – Civil & Reputation Consequences

Drink driving penalties in Texas are some of the toughest in the United States. As for why this is, the reason is simple. In 2017, 944 DWI drivers in Texas resulted in 1,018 avoidable road deaths. Those killed in fatal crashes include passengers, other road users, and children.

Legal Advice for a First Drunk Driving Offense

There is a misconception that drink driving penalties for a first DWI offense are minor. In reality, nothing could be further from the truth. In Texas, even a first offense DWI can result in up to 180 days jail time.

Drink Driving Penalties in Brief

  • First DWI offenses are punishable by $2,000 fines, accompanying jail time and license suspensions
  • Where intoxicated drivers have a blood alcohol content (BAC) of 0.15, fines start at $4,000. Jail time is often mandatory, and future driving restrictions may apply
  • Drunk driving while accompanied in a vehicle by a minor is a felony. Penalties include $10,000 fines and up to 2-years state jail time.

Hiring a Houston DWI lawyer is Not Optional

When charged with drunk driving, you need to hire a Houston DWI lawyer. Without legal representation, the civil and financial consequences of a DWI charge can be devastating.

  • Suspended licenses and jail time result in employment becoming untenable
  • Fines and jail time can devastate families and family finances
  • Many individuals charged with drunk driving, don’t realize what they are up against until it is too late

How a Houston DWI Lawyer can Help

How a Houston DWI lawyer can fight DWI charges, is always case specific. Where arresting officers can’t prove probable cause, DWI charges can be reduced or quashed. When making arrests, Houston police also need to issue sobriety tests following strict guidelines.

A Houston DWI lawyer will check to see that proper procedures have been followed. Lawyers also review evidence of medical conditions which may result in sobriety test false positives.

Can Road Users Decline Police Sobriety Tests?

It is possible for Houston road users to refuse sobriety tests. However, in Texas, implied consent to testing applies to all road users. When drivers refuse to comply with sobriety tests, fines and driving bans are, therefore, applicable.

Roadside Sobriety Tests are Never 100% Accurate

Contrary to what many believe, police issued sobriety tests are rarely 100% accurate. Drink driving penalties can, therefore, be challenged by lawyers, even when evidence seems stacked against defendants. The most important thing for defendants to remember is that legal advice should be sought as soon as possible after DWI charges levied by police.

Legal Branding

Why ICOs Need to Invest in Professional Legal Advice

on September 13, 2018

Startups planning an initial coin offering, need to start investing in professional legal advice. As well as ICO regulation, startups planning an initial coin offering need to be aware of their full tax reporting requirements.

Legal counsel can help legitimize ICOs and increase fundraising success rates. Here’s how:

Tax Law & Legislation – What Do ICOs Need to Know?

Over the past five years, ICOs have transformed the startup business landscape. By using an initial coin offering to raise capital, startups free themselves from having to pitch ideas to conventional lenders. However, ICOs are coming under ever closer scrutiny by regulators.

Legal Challenges Faced by ICOs

There is a misconception that setting up an initial coin offering is easy. In the United States, there are no laws which explicitly ban ICOs. However, as cited by the likes of the ICO Law Group, ICOs are required to comply with U.S. Securities Law.

“It is generally unlawful to raise capital in exchange for your coins or tokens unless you comply with U.S. Securities Law.”

Why Stricter ICO Regulation is a Good Thing

In theory, anyone can set up an initial coin offering. However, as recently cited by Vitalik Buterin, the gold rush days of the cryptocurrency market are over.

“The blockchain space is getting to the point where there’s a ceiling in sight. There isn’t an opportunity for yet another 1,000-times growth in anything in the space anymore.”

As for why growth in the crypto space is slowing, the reason is simple.

In 2017, fewer than 20% of ICOs returned profits to investors. Some startups failed to use raised capital responsibly. Others were outright scams. As a result, all new ICOs are expected to register with the IRS just like regular startups. Much more importantly, if ICO coins can be considered securities, ICOs must register with the U.S. Securities and Exchange Commission.

Do You Need a Professional Business Attorney?

Does registering as a business seem like too much hassle? If so, you shouldn’t be running an initial coin offering.

When ICOs fail, they do so due to a lack of basic business acumen. Selling ERC20 tokens is easy. Putting funds to work and setting up a successful business, is an entirely different skillset. The good news, though, is that a professional business attorney can help.

  • Hiring a business attorney can help ICOs identify the best structure for their business
  • A business attorney can help startups get to grips with their true cryptocurrency tax reporting requirements
  • ICO specific legal advice can increase fundraising success rates by lending legitimacy to projects

ICO Laws Still Vary State to State

When setting up an initial coin offering, it is important to remember that ICO laws and regulations aren’t universal. Some U.S. States require a special license when engaging in altcoin activities. Others require startups to hold equivocal fiat cash deposits when issuing ERC20 tokens.

Penalties for Non-Compliance

To date, several individuals have been incarcerated in the United States. Specifically, for non-compliance with cryptocurrency specific anti-money laundering laws.

In May, 24-year old Eldon Stone Ross from Pensylvania found himself jailed for selling cryptocurrency without necessary licensing. Moreover, anyone identifiable as operating an ‘illegal money transmission business,’ is liable for prosecution.

Does the Term Illegal Money Transmission Business Apply to ICOs?

Anyone who raises funds via an initial coin offering without proper licensing can be charged under different State anti-money laundering laws. This being the case, never risk launching an initial coin offering, before understanding your full regulatory responsibilities. Moreover, when in doubt, always make sure to seek out ICO specific legal advise from groups like the aforementioned ICO Law Group.

Local Branding

Sign Advice for Businesses

on September 11, 2018

We often are asked to help a business in making new shop signs for their advertising needs. Since this is the case, here is a list we have compiled at our headquarters in Mansfield that will help you get a great looking sign that attracts clients.

Give The Sign Some Life

You will want to make sure your sign has some life and will draw in people who are looking for your company. You probably have a lot of personality in your shop, but you need to make sure the sign you are using is going to reflect this personality as well. You just want to think about the impression you are going to make to your customers. Is the shop a fun place to be or is it one that has a more professional setting? No matter what, you will want to make sure the sign you are getting is going to give the visitors an idea on the type of things they can expect to see in the shop.

Remember: Good signs are going to tell the clients what they can see in the business and know what kind of line is in the brand.

Do Not Overdo It

You will want to make sure your signs are short and to the point. You just want to make sure your sign does not fail. You want o make sure you get your key point across quickly, not have multiple points on a single sign. By getting the main point listed, it will attract potential customers, but it will also make it easier for people to know more about what they can expect to see when they are here.

You will want to be to the point, but you need to remember that you can still be funny if you want to be.

Fonts

You will find that the first step is to find the best font for your sign – your sign company can help you here You will notice that quite a few sign shops have been ruined because they did not properly pick their logos. The shop sign is going to need to get the attention of people who are driving or walking by, so you need to make sure the letters are big and easy to see. Remember: People typically will not take the time out of their business to read what your handwritten script is going to say.

Colors

You will want to consider a variety of colors for your sign. Will they look good in the sunlight or when it is evening? What color pattern is going to make the shop sign look great and standout from the rest of the place. To really look at the colors you may want to look at the other signs in the area. You will think about the red ads in the paper, if it has other red ads it can be hard to see, but you will want to check out the how your sign can stand out. You will want to find colors that are going to look great, but also think about the people who have vision problems when looking at the sign and suffering from color blindness.

Design

You will notice that one thing that is going to really bring the sign together is the brand that you are going to present with the sign and how everything is tied together. You do not want to change things simply because you can, but you will want to make sure you have a uniform brand across the platform. Remember when you are launching your business you want to make sure it is going to look great and have an amazing feel.

Materials

Now that you have a great design in mind, you should know how to bring your signs to life. When are you going to be opening and what time frame as well? Are you going to need to have lights installed on the sign to make it easier for you to see the sign? Is the brand more of a high end location or a mass market place? What types of materials would you need to get to reach your target area? You want the sign to look great and not make your customers think you are cheap.

You will find that you have multiple choices of materials, which is why you need to find a material that will suit you best.

Size

You will want to know more about the amount of space you have available for the sign and how you can use this space properly. You will notice that signs can go on brick, hang out front, or even be above the windows to draw in attention. So you will want to know more about how to use the most of the space to get the attention you need to have.