SPC co-president Deena Madnick welcomed members and guests to the Oct.14, 2008, luncheon meeting at Coral Seafood. She also introduced a new feature intended to become the first order of business at future meetings: the “Professional Help Minute.”

Attorney Jean Sifleet, left, with SPC board member Julieane Frost.

This is time allotted for attendees to pose queries to the entire group. An answer may surface on the spot, or a useful resource or reference among the attendees may be suggested after the meeting. At the October luncheon, an independent business owner received valuable pointers on securing health care coverage.

SPC board member Julieane Frost introduced business attorney and certified public accountant Jean Sifleet, whose presentation was titled, “The Legal Scoop on Contractors and Copycats.” Sifleet gave an update on tougher new rules regarding the Massachusetts state law on classification of workers. She presented a handout outlining the new regulations regarding the Massachusetts Independent Contractor Law, M.G.L. c. 149, s. 148B. “This has caused a lot of angst and concern among employers that they not get whacked with penalties,” she said.

Sifleet discussed several requirements of proper classification of contractors, while also addressing questions from the group. “Is your contractor wearing the hat of his or her own business, or the hat of an employee? That’s where it has gotten really murky,” she noted. “You want to be very careful that your subs look, act, and behave like subcontractors.”

She presented a recent test case, stressing that the “rules have changed. It will be interesting to see how this unfolds.”

In the second portion of her talk, Sifleet offered the “scoop” on copycats, again providing a useful, detailed handout covering such topics as:

• Selecting and Protecting Your Business Name;
• Taking Advantage of Legal Protections of Your Intellectual Property;
• Copyright Law and Fair Use Practices;
• Using Smart Business Practices;
• And Avoiding Legal Pitfalls.

Sifleet pointed out that evolving technologies are changing the game of traditional legal protections. “Copying is going to happen,” she said. “How are you going to work with it? ‘You stole my stuff and now I’m gonna sue you’ doesn’t work. Take advantage of legal protections and think creatively of using a combination contracts and legal practices so you’re being smart about how you do business.”

A three-time entrepreneur, Sifleet is head of the Business Practice Group of the Worcester-based law firm Hassett & Donnelly, PC, and the author of numerous articles and several books on business topics. Visit www.smartfast.com for more information.

—Jane Salerno