Attorney Mayo Talks Law - Statutory Compliance is Smart Business

Businesses face regulation from many sources...
Jonathan D. Mayo, Esq.

In business, basic principles endure-- to play by the rules and follow the law. While this may seem like a simple proposition, given the burgeoning array of local, state and federal rules and regulations, smart businesses must look beyond the obvious and develop policies to assure statutory compliance.

Background

Businesses may face regulation from many different sources:

  • Local bylaws for business licensure, zoning, signage etc.
  • Local fire ordinances and inspectional rules.
  • Local health department  rules
  • State Law, rules and regulations.
  • Federal Law, rules and regulations.

On the local level businesses face various bylaws and ordinances. On the state level, we see unemployment rules, building codes, and other rules relevant to business.  On the federal level we see OSHA, HIPPA, and host of other laws and regulations... One important note underlies State and Federal regulations -They are codified in thousands of statutes that carry the force of law. On the state level we see the Code of Mass Regulations, and on the Federal Level, The Code of Federal Regulations. Take time to search these regulations for rules specific to your industry.

How Non-Compliance Affects Civil Liability

While the failure to comply with rules and regulations can yield fines, inspections, and loss of government licenses, the hurt doesn't stop there. Where a plaintiff alleges that your statutory violation caused them injury, the mere fact that you violated that rule might provide a plaintiff with evidence of liability under certain circumstances. In a close case you could be found liable on that basis.

Strategies Towards Compliance

Big companies have long employed staff Attorneys, whose job it is to assure statutory compliance. But smaller businesses should do their homework, too. Some tips for small and medium businesses include:

  • Identify the various levels and sources of regulation inherent in your industry.
  • Search for recent enforcement actions within your industry. 
  • Develop an internal handbook of the most important rules in your industry.
  • Pay attention to new developments in the legal landscape.
  • Talk to peers and colleagues.
  • Consult with an Attorney for initial assessment and periodic compliance review.

In Conclusion:

This discussion is only meant to provide basics. Links to applicable law are there to encourage more complete understanding. Although this post may contain notes and opinions on the law this content does not constitute legal advice, nor create an Attorney-client relationship between readers and writer.

However, I do offer free initial consultations. Call 508-771-1373, or e-mail me at [email protected]. I offer prompt, smart, courteous and affordable advice on various  legal matters, including statutory compliance.


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