(Last Updated On: October 17, 2023)Last Updated on: 17th October 2023, 10:57 pm
Brooklyn Distribution and Manufacturing Lawyers: Your Guide to Legal Help in Kings County
Running a distribution or manufacturing business in Brooklyn comes with a unique set of legal needs. From complying with zoning laws, to managing employees, to protecting your intellectual property — the legal side of things can get complicated quick. That’s why having an experienced lawyer in your corner is so important.
In this article, we’ll walk through some of the key legal issues facing Brooklyn distribution and manufacturing companies. We’ll also give tips on how to find the right lawyer for your business. Let’s dive in!
Zoning Laws and Permits
One of the first legal hurdles when starting or expanding a distribution or manufacturing operation is zoning and permitting. Brooklyn has specific zoning laws around what types of businesses can operate in different areas. There’s also a web of city, state and federal regulations governing things like:
- Hazardous materials handling
- Air emissions
- Wastewater discharges
- Noise limits
- Traffic impacts
Navigating all these rules to get properly permitted is complex. An experienced lawyer knows the process inside and out. They can help you identify the right location, get approvals faster, and avoid costly compliance mistakes down the road.
Employment Law and HR
Employment law mistakes can lead to expensive lawsuits. Brooklyn manufacturing and distribution companies need to follow all state and federal laws around:
- Wages and overtime
- Meal and rest breaks
- Discrimination and harassment policies
- Leaves of absence
- Hiring and firing
On top of that, union relationships require special attention. An employment lawyer can review your policies, handbooks, and contracts. They can also represent you if any conflicts arise.
Workplace Safety
Given the nature of distribution and manufacturing work, safety issues are paramount. OSHA has extensive regulations around accident prevention, protective equipment, training, reporting, and more. Failing to comply can mean crippling fines and criminal liability if injuries occur.
A good lawyer knows OSHA rules inside and out. They can help you implement a safety program that checks all the boxes. If an accident does happen, they can interface with OSHA inspectors and defend you in any enforcement actions.
Contracts and Agreements
Running a distribution or manufacturing business means juggling many complex contracts and agreements. These include:
- Supplier and vendor contracts
- Purchase orders
- Non-disclosure agreements
- Customer agreements
- Leases
- Loan documents
Having an attorney review these agreements is essential. They can negotiate terms favorable to your business. And they can catch any “fine print” that might cause problems later.
Intellectual Property Protection
Protecting intellectual property (IP) like trade secrets, trademarks, and patents is key in manufacturing and distribution. IP attorneys help safeguard your innovations by:
- Registering trademarks and patents
- Drafting non-disclosure and IP assignment agreements
- Creating protocols to identify and protect trade secrets
- Enforcing your IP rights if infringed
Owning proprietary processes or technologies provides a competitive advantage. Having strong IP protections in place keeps others from stealing your hard work.
Tax Planning
Distribution and manufacturing businesses face complex tax situations. Inventory, equipment, and facilities all impact your tax liability. So do issues like:
- Business deductions
- Employment taxes
- Sales tax collection
- Import/export tax rules
A business tax attorney can help minimize your tax burden through strategic planning. They also know how to handle audits and defend your company if questions ever arise.
How to Find the Right Brooklyn Business Lawyer
Now that you know some of the key legal needs in distribution and manufacturing, how do you find the right lawyer? Here are a few tips:
- Ask for referrals – Other local business owners can suggest lawyers they’ve worked with successfully.
- Find an industry specialist – Look for attorneys with specific experience in your niche like food distribution or garment manufacturing.
- Consider boutique firms – They offer expertise and attentiveness that giant general practice firms can lack.
- Meet with a few options – Make sure you feel comfortable with their skills and style.
- Discuss fees upfront – Get pricing estimates before committing so there are no surprises.
Running a distribution or manufacturing business in Brooklyn has unique legal needs. But finding the right lawyer provides invaluable guidance and protection. They become an indispensable part of your team. With their counsel, you can grow your company and avoid missteps. So take your time and do your research to get matched with the perfect attorney. Your business success depends on it!
Key Brooklyn Business Laws and Legal Precedents
Brooklyn distribution and manufacturing companies must comply with a web of local, state and federal laws. Some key statutes and precedents include:
New York Consolidated Laws – Labor
This section of New York law covers critical employment issues like minimum wage, overtime pay, and unlawful discriminatory practices. Employers violating these protections face penalties.
New York Code – Rules and Regulations
State regulations here govern important topics like worker safety and health standards. Following these rules is essential to avoid regulatory enforcement actions.
OSHA Standards for General Industry
The federal Occupational Safety and Health Administration (OSHA) sets standards for issues like protective equipment, hazardous material handling, and accident prevention. OSHA can impose major fines for violations.
United States v. Park, 421 U.S. 658 (1975)
This important Supreme Court case established that business owners can be criminally liable for failures to address safety problems they knew about. This precedent is a key reason manufacturing and distribution companies invest heavily in safety programs.
Perkins v. Foodliner, Inc., 398 N.Y.S.2d 994 (Sup. Ct. 1977)
This New York case confirmed employers must provide reasonable accommodations for religious practices unless doing so creates an undue hardship. Accommodation requests must be handled carefully to avoid discrimination claims.
These are just a few examples of important laws shaping Brooklyn distribution and manufacturing companies. Experienced legal counsel can provide guidance on complying with all applicable rules and regulations.
Common Legal Defenses in Brooklyn Business Disputes
Despite best efforts, Brooklyn distribution and manufacturing companies sometimes face lawsuits over contract issues, employment claims, accidents, and more. In these cases, common legal defenses include:
Statute of Limitations
This argues the plaintiff waited too long to bring their claim under the applicable statute of limitations. If successful, the court dismisses the suit as being untimely filed.
Assumption of Risk
This asserts the plaintiff knew about and accepted potential dangers involved in the activity leading to the lawsuit. It aims to defeat claims by shifting some blame onto the plaintiff.
Contributory Negligence
This claims the plaintiff’s own negligence contributed to causing their alleged injuries or damages. If established, the plaintiff’s award amount may be reduced or eliminated based on their fault.
Lack of Causation
This disputes that the defendant’s actions actually caused the harms alleged by the plaintiff. No legal liability exists if the connection between the company’s behavior and plaintiff’s damages is unproven.
Good Faith
Asserting the company acted in good faith can defeat claims of intentional or willful misconduct. This defense depends on showing the company made reasonable efforts to address issues.
An experienced business litigation attorney can advise on the best defense strategies in each unique case.
Finding the Right Lawyer for Your Brooklyn Business
As this overview illustrates, Brooklyn distribution and manufacturing companies face a complex legal landscape. But the right lawyer can guide you through it. Arm yourself with knowledge about common legal needs and defenses. Ask trusted advisors for referrals. Interview several attorneys to find the ideal match. And invest in top-notch legal counsel — it’s crucial for protecting your company’s interests and avoiding missteps as you grow.
Now…take a deep breath and get back to doing what you do best — running your innovative Brooklyn business! Just remember your lawyer’s got your back on the legal side of things.
References
New York Consolidated Laws. (n.d.). Labor. Retrieved from https://codes.findlaw.com/ny/labor-law/
New York Codes, Rules and Regulations. (n.d.). Retrieved from https://govt.westlaw.com/nycrr/Index
United States Department of Labor. (n.d.). OSHA Standards for General Industry. Retrieved from https://www.osha.gov/laws-regs/regulations/standardnumber/1910
United States v. Park. 421 U.S. 658. (1975). Justia. Retrieved from https://supreme.justia.com/cases/federal/us/421/658/
Perkins v. Foodliner, Inc. 398 N.Y.S.2d 994. (1977). Leagle. Retrieved from https://www.leagle.com/decision/19771704398nys2d9941659
Statute of Limitations New York. (n.d.). Nolo. Retrieved from https://www.nolo.com/legal-encyclopedia/statute-of-limitations-new-york-325