3 Legal Mistakes Ocean County Small Businesses Make Every Holiday Season

As the holiday season ramps up, many Ocean County small businesses are focused on sales, staffing, and staying ahead of demand. But this is also the time of year when costly legal mistakes quietly surface — mistakes that can expose your business to avoidable risk.

Below are three of the most common holiday-season legal missteps business owners make, and how you can protect your company before the year ends.

1. Not Updating Seasonal Employee Documents

Between holiday hires, temporary help, and extended hours, many small businesses increase staffing in November and December.
But here’s where things go wrong:

• Using outdated offer letters
• Not having written at-will language
• Missing confidentiality or IP protection clauses
• Not documenting responsibilities for temporary workers
• Not maintaining compliant time-keeping practices

Failing to update your documents can lead to disputes about pay, termination, overtime, or job expectations — issues that often don’t surface until January when it’s too late.

What to do:
Make sure every seasonal employee or contractor has a current, legally compliant agreement in place. It protects them, and it protects your business.

2. Running Holiday Promotions Without Legal Compliance Checks

Holiday specials are great — until they unintentionally violate:

• New Jersey advertising rules
• FTC guidelines on discounts and comparisons
• Coupon or giveaway regulations
• Email/text marketing compliance laws

For example, if you promote a “50% holiday discount,” you must be able to show that the item was truly sold at the original price for a meaningful period beforehand. Many business owners don’t realize this, and the penalties can be steep.

What to do:
Review your marketing copy, emails, texts, and promotions before they go live. A quick compliance check can save thousands and protect your brand reputation.

3. Forgetting to Protect the Business When You Step Away for the Holidays

December is the time when many business owners travel, unplug, or spend time with family.
But here’s the risk:

If you become unreachable, sick, or incapacitated, who can legally:

• sign checks?
• approve payroll?
• deal with vendors?
• manage emergencies?
• access business accounts?

Most small businesses have zero legal backup in place, which means operations can stall instantly.

What to do:
Put proper documents in place before year-end:

• A Business Power of Attorney
• Updated operating agreements
• Successor management instructions
• Emergency access plans

This protects your employees, your clients, and the stability of your company.

Final Thoughts: Protect Your Business Before the New Year

The holiday season should be a time of growth and celebration — not legal chaos.
Taking a few proactive steps now can prevent unnecessary liability, keep operations smooth, and position your business for a strong start to 2026.

If you’re a business owner and want clarity on what your business needs before year-end, feel free to reach out. It’s far better to prevent issues now than fix expensive ones later.

— Eldonie S. Mason, Esq., Barnegat Resident & Local Attorney Helping Ocean County Businesses and Families Safeguard Their Future

Attorney Advertising. For Educational Purposes Only. Not Legal Advice.