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Top Ten Legal Mistakes Small Business Owners Make and How to Avoid Them

TOP TEN LEGAL MISTAKES SMALL BUSINESS OWNERS MAKE AND HOW TO AVOID THEM

Our experience, as well as those of our clients, has left us sensitive to the numerous legal mistakes small business owners make. We offer this in an effort to help you avoid them.

Pre-Formation

1.   Starting a business while employed by a potential competitor, or hiring employees without first checking their agreement with the current employer and their knowledge of trade secrets.

The law is clear that if someone is currently working for a company, particularly if he or she is a key employee, they cannot operate a competing business. Even just incorporating may spark a lawsuit from the current employer. Would-be entrepreneurs should first go to their current employer and either resign, or tell them what they\’re doing and ask them if they\’d be interested in investing. Amazingly, that is often a very smooth way of ending that relationship. Under no circumstances should they misrepresent the nature of the new business.

Even after leaving the current employer, one cannot use or disclose the company\’s trade secrets. Under the so-called Inevitable Disclosure Doctrine, if someone has been exposed to trade secrets at their job and leaves to work for someone else, and if their responsibilities in their new job are sufficiently similar, some courts will conclude that it is inevitable that they will use the information they had from the earlier position. They could face an injunction prohibiting them from working for the new employer until a number of months go by and whatever trade secrets they had are stale.

It also helps to know whether potential recruits are subject to covenants-not-to-compete. States vary in terms of how enforceable they are, but one shouldn\’t assume they are not. One should also check to see what assignment of inventions might have been signed. Personnel files should be reviewed and recruits should check theirs, to be certain that a covenant-not-to-compete or an assignment of inventions wasn\’t tucked into a signed non-disclosure agreement.

2.   Mistakes When Leasing Office Space

Next to payroll expenses, facilities and related expenses are generally the second highest expenditure for a company. Some of the most commons mistakes that companies make when leasing space are:

Not using an experienced commercial real estate broker.
Waiting too long to start the process.
Leasing the wrong amount of space.
Picking the wrong location.
Not thinking about the future.
Not measuring the space.
Signing too long or too short of a lease.
Not verifying a buildings systems and infrastructure.
Not having your insurance carrier review the lease language.

Formation

3.   Choosing the Wrong Ownership Structure: Choosing an ownership structure is one of the most important decisions you\’ll make for your new business. You must consider your specific needs. The following factors can help in making your decision:

What are the potential risks and liabilities of your business? (For instance, building houses, making edible goods, fixing cars, and selling alcohol carry inherent risks.)
How willing are you to spend the money it takes to set up and maintain the records for a separate business structure (such as an LLC or a Corporation)?
What are your expected profits or losses in the first couple of years? Unincorporated business structures let you deduct business losses from your other income, but corporations do not.
What are your plans for seeking investors? Sophisticated investors often prefer the stock structure of a corporation.

4.   Consider your potential liability: There is a summary of the amount of liability you may face depending on how you structure your business.

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adams -
About the Author:

The Author is a Online Business analyst covering various trends and happenings in the online media, He is a critic on various web services.


Does it make sense for your company to outsource payroll administration?

Outsourcing particular business tasks can enable you to free up resources and energy to focus on your core competencies. Payroll is an important function and in all likelihood it makes sense to outsource payroll administration rather than hire resources in-house and dedicate them solely to the function. Payroll companies help you organize your payroll, adhere to policies and procedures, and get employees paid on time.

To stay on top of your tax obligations is reason enough for your company to consider using a payroll provider. Payroll administration warrants attention to detail and even the smallest indiscretion can attract heavy penalties from the tax authority of your country. In the US, the IRS has a history of levying heavy fines on small businesses for even the smallest transgression. Recently released statistics show that one out of every three small businesses is penalized in some way for not complying with tax laws.

Why should you outsource payroll processing?

If you company is large enough, you may choose to conduct payroll functions in-house but be prepared to hire at least a couple of employees dedicated to this function. You will also have to allocate resources to continuously train your payroll staff in use of accounting software and to keep up with the frequently shifting state and federal tax laws. Also if you are a growing company that is continuously adding new employees, teams and locations, managing payroll is going to be quite a challenge. Do you really want to get distracted from the core-functions of your business by administering payroll yourself?

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Daljeet Sidhu -
About the Author:

Daljeet Sidhu is a serial entrepreneur and founding partner at TradeSeam small business network, connecting customers, suppliers and service providers; all who have an interest in accelerating the growth of their business.


How to Manage Your Companies Payroll

Payroll processing can be a very stressful job function for management. If your employees are paid hourly, you need to keep very careful records and have to be diligent in order to make sure that they are always correctly. There are federal employment laws that govern the processing of payroll and the retaining of specific pieces of information regarding the number of hours that each of your employees worked during every time period.

In order to maintain these records efficiently, you will most likely be using some type of payroll software. For one thing, electronic records require far less space than paper records. For another, it is more likely for a paper record to turn up missing than it is for an electronic record to ever disappear without a trace. If you want to have accurate records, you should be using payroll software.

If you have a lot of hourly employees, consider installing a time tracking device such as a time clock. Using this technology, you will have an accurate record of when the employees came and left the office. There are many time tracking devices that can be easily integrated with payroll software.

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Jamie Simpson -
About the Author:

Find more about payroll software

Vancouver Washington Payroll

Hi, my name’s Bob Baumann and I’m here today to help you find the best payroll provider for your needs here in Oregon.

I’m not a payroll provider myself. What I am is a small business entrepreneur. Over the last 35 years I’ve started and operated 17 different companies. Some never got to be more than a few employees. A couple had over 200 when I sold them.

We’ve done payroll a lot of different ways. We’ve done it in-house, and we’ve used our CPA. We’ve used a local payroll company, and we’ve used the giants, like ADP.

I’ve had some great experiences, and I’ve had some real disasters, too. What I’ve learned over the years is all here for you in these free videos. As you watch them in the coming weeks, you’ll learn everything you need to know to get your payroll done in the way that’s best for your company.

WHAT ARE THE ADVANTAGES OF A PAYROLL SERVICE? – Part 1

There are ten major advantages to outsourcing your payroll. Here are the first five:

Cost. Big businesses can afford to maintain big payroll departments. For small businesses, however, an in-house payroll service is a money burner. If your business has fewer than 20 employees, there’s a very good chance that you can save money by outsourcing your payroll operations. Do the math. Figure out how many hours your employees are devoting to payroll-related activities, calculate how much you’re spending and compare the amount to the plans offered by several payroll-services providers. Also, be sure to factor in the money your business spends on tasks like printing and distributing checks, creating tax documents, and the like. You’ll probably be surprised by the result.

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SB Adams -
About the Author:

Higher Vision works to make sure you get the best deal available. To access your free payroll guide and take advantage of 3 months free payroll service Click Here

Achieving True Globalization Through Global Payroll

Putting in place a global payroll system offers numerous advantages in terms of economies of scale, ease and accuracy of reporting, and the kind of general efficiency improvements that come along with any centralization program of this nature. But some of the secondary effects of such an implementation, while less obvious and less immediate, can have a profound impact on a global organization in the longer term, an impact which goes far beyond the first-level gains obtained through improving efficiency and reducing costs.

The key to one of the biggest of these secondary advantages lies in the word “global”. Moving from a disaggregated, local-facing payroll structure to a single global system can drive an organization towards a state – both structural and philosophical – of globalization which might not otherwise have been attainable at that time. Put simply, the very process of forcing part – and a key part, at that – of the organization to operate globally has consequences not only for other activities and functions, but also for the mindset of those driving the business forwards.

“A uniform way of paying a workforce can make operational parts of an organization look at unifying other areas of the business when they see how effective it can be – from looking at employee engagement and Human Capital Management overall to looking at other global tools that could be used for HR, Accounts, Sales, Stock Management etc,” says Jeanette Hibbert, Kerry Group’s UK Payroll Manager. “Global working can allow for greater spend on a large EMS, rather than small disparate systems that don’t interface with other software, give poor detailed reporting and need much IT resource and localized knowledge for support and maintenance.”

A company with operations in various parts of the world might be considered to be a global organization – but if those operations have little connection with each other apart from the name of the business, can it truly be considered to be globalized as well as global? Obviously the precise definition of what constitutes a truly globalized organization is open to interpretation – but it’s a pretty safe bet that most of those interpretations would include the development of a common organizational culture backed up by consistent processes, corporate branding and reporting – and supported by the full inclusion of even the most ground-level staff into the global organizational “family”.

StrategicStraits’ Sirin Koprucu writes that for a global organization to be truly “great”, it must “capitalize on full international potential”: “Employees and volunteers at local sites are true business partners to global operations and contribute to drafting international strategic plans. They are the eyes and ears for strategic alliances, membership feedback, government environment, and investment ideas. They also are triggers for potential change and for keeping a large organization relevant to its audiences.”

One way for an organization to create this inclusion within a global umbrella, of course, is to centralize HR processes – including payroll. Even at a very basic level the receipt of pay from a central hub binds employees within the bounds of the corporate family, even in an era of somewhat disintegrating intra-corporate loyalty. More abstractly perhaps, the kind of mindset required to generate the global benefits described by Koprucu – that most contested of phrases ‘thinking globally, acting locally’ – can surely only derive from the employees’ initially feeling part of a global enterprise.

At the other end of the spectrum, the structural and procedural aspects of a commercial entity are just as crucial to generating ‘true globalization‘.

“In our understanding ‘true globalization’ means that the company is represented globally, and has clearly formalized business processes and organizational structure in all of the entities,” says Daniil Shash of Intercomp Global Services. “All of the offices should report to single headquarters by standardized, theoretically automated, reports. Payroll is one of the important back office business processes. Without global payroll in place in a company it cannot reach ‘true globalization’, since each of the offices will manage payroll process by themselves using their own technologies and regulations. This will also make reporting to headquarters much more difficult… One of the tasks of a global payroll is to standardize all payroll processes in each of the locations of a global company. It brings additional coherence and compliance with local legislations in each country.”

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Jamie Liddell -
About the Author:

Jamie Liddell has worked in journalism since he was a 17-year-old cub reporter for The Tico Times, Costa Rica’s highly regarded English-language weekly newspaper. Holding an MA in English from Clare College, Cambridge University, Jamie came to the Shared Services & Outsourcing Network from the world of overseas property publishing where he worked on the industry’s best-selling publications for the UK and Ireland, and gave seminars at consumer and b2b exhibitions and conferences internationally.

It's true, some small business owners are doing better. Why?

I talk to small business owners where ever I go, where ever I shop, and whomever I speak with, and while it remains true the economy is far from recovering, we have not yet bottomed out and have a ways to go, there are many examples of business owners doing better.
It is impossible to generalize as each situation tends to be unique but overall I can take a few lessons away from these conversations as follows:

1. It’s not about the growth within the market place, that is not what is happening, it is about one  businesses grabbing an additional share of a smaller market, that IS what is happening with many of those who are successful. It appears to be a matter of doing a better job of adjusting to the existing market and attracting more of the remaining business that is available.

2. It is also about the consumer believing he/she is getting a fair deal, good value and quality merchandise. Everyone is involved in adjusting their consumerism attitude where we collect goods to feel better. Now they are buying what they want and need but far more selectively, and shopping for a good experience which includes many aspects, price, guaranty, shopping experience, a deal, whatever it takes.

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Donald Todrin -
About the Author:

Donald Todrin is the CEO and Founder of Second Wind Consultants, Inc. who specializes in SBA Loan Workouts, business debt forgiveness and solving difficult business problems in general.
Follow Don on Facebook fan page.

Benefits of Outsourcing Payroll and Tax Functions

Having a business of your own entails several responsibilities. Aside from the general tasks of running the business itself, you also have to make sure that your employees receive the benefits as required by the United States government. As a business owner you have a contractual obligation to your employees to ensure that they are sufficiently paid, and paid on time, as stated in the employee’s contract.

Likewise, business owners also have a responsibility to the United States government. Taxes are used for a variety of purposes such as public works, economic structures like roads and legal tender, protection of property, and the enforcement of law and public order. Business owners have a financial and social obligation to abide by the laws on taxes as imposed by the Internal Revenue Service, or simply the IRS.

There are generally two types of taxes that business owners have the obligation to compensate. One is the withholding tax which is taken directly from the employee’s wage, and the other is the tax paid by the employer and taken directly from the employer’s own funds.

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Harry Slay -
About the Author:

For more details, please visit us at http://www.payrollexpress.com

How To Reduce The Tax Burden For Your Small Business

An ideal lawyer will not just have a string of impressive credentials or gold lettering on his door. He or she will be caring, concerned, and devoted to their work. You need to think carefully before laying your trust in a lawyer after all in some cases your life, future, money or property will be in his hands.

Apart from doing extensive research to short list possible lawyers you must ensure that there is not conflict of interest, that you understand everything the retainer agreement states, and that you have checked the references and details regarding the practice.

You will know the lawyer you have chosen is the perfect one if:

1.    He makes an effort to spend time to understand your case himself. He will not assign a legal assistant to take facts of the case down.

2.    From experience and knowledge he will know what is relevant and what is not. He will set aside and ignore irrelevant facts, opinions, and personal emotions that cloud the case on hand.

3.    He will insist that the footwork for the case be done thoroughly. All facts must be checked for accuracy and solid arguments jotted down with backing of earlier rulings.

4.    He will not just focus on the problem at hand but examine the problem from all sides. This will create a complete picture highlighting all factors of relevance and the different ways one can approach the case.

5.    He will use his foresight and anticipate moves by the opposition or opinions of the jury or judge and plan way ahead. Like a master chess player he will plan the case not by the day but by many hearings ahead.

6.    He will not waste time beating around the bush or create verbose statements-many words strung together which look impressive but mean nothing. He will insist that the case and its arguments be clearly stated.

7.    He will be self-disciplined, thorough, and self confident. Courteous at all times he will respect you as well as all the staff who work for him.

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Reggie Mcleod -
About the Author:

Visit the silverfish bite

.

Outsourcing Payroll to an Internet Payroll Service

Nowadays it makes a lot of sense for a company to outsource their payroll services to an experienced and reputable company. At first glance, it may seem like doing the payroll in house would cut costs, but this is more than likely not the case. In today’s society, a wage is no longer just a wage – there’s base pay, overtime, holiday pay, sick pay, benefit pay, and other items that make the process more complicated. In house payroll often times is done by the owner, or other important member of the company. They spend time every week crunching the numbers to figure out how much they need to pay their employees, and that time adds up. Even if software is used, the data still needs to be collected. When you take into account how much that person makes, and the potential revenue they can bring to the company, outsourcing payroll makes a lot of sense. When looking for a payroll service, the best way to go is with an internet payroll service, due to the convenience of being able to take care of everything online, regardless of where in the world you happen to be located. With 24/7 access, direct deposit, retirement plans, and much more, you can’t go wrong with an online service. For those of you looking for a local solution to your payroll situation, you’re in luck. Since there are literally more payroll solutions than you can count available, the chances of finding one near your business look pretty good. For those of you on the west coast looking for a California payroll service or a payroll company in Los Angeles, there are several options available with a wide range of services to fit what you’re looking for, regardless of the size of your business. All in all, you can’t go wrong with outsourcing your payroll to a third party. You’ll save time that you can devote to what is really important – brining in revenue for your company so that it can succeed and grow. After all, time is money!


Groshan Fabiola -
About the Author:

For more resources regarding
Payroll Company in Los Angeles
please review these pages.

How To Reduce Payroll Costs Effectively

Even though our economic situation today is not a total nightmare, it is not too far from it. Today’s companies will need to do whatever it takes in order to prevent certain financial calamity. With every aspect of manufacturing affected, there is only a matter of time before problems start to bleed over into other areas of business. Will you be prepared? Or will you fall by the waste side due to improper financial calculations? Hopefully, you have enough sense to put your business first and place all of your human resource needs into the qualified hands of a professional.

Sometimes called the business behind business, payroll services are there to help you make the absolute most out of your pounds. No matter whether you are looking to expand your ever growing business, or just make the most out of what you already have, human resource management companies can offer a lot of help. They can provide expertise in just about every area of your payroll department. Let the professionals handle all of your consultancy needs, and even provide software solutions for keeping your information in a well organized format for future use and reference. Lots of times your productivity levels will be accentuated greatly by allowing you to concentrate on areas that require more personal precision detail. Take advantage of having your outsourcing needs managed by a properly trained human resource management service professionally, for they allow you to keep up on the current progressions in technology as well.

Companies offer payroll services in a variety of custom made packages. Businesses are able to set up a service that fits perfectly for the business model, saving finances on expensive IT costs at the same time. These companies tend to constantly be on the lookout for ways to make your business run more efficiently, while maintaining a completely reliable system that you can depend on no matter what may come. The service works in the same way that a partner would for the same goal of increased revenue, at lower expenditure rates.

If you are looking to streamline your hiring process, let a payroll service provider set up a thorough system for implementing automatic background checking. Software solutions can offer a very quick answer to lengthy testing of possible new employees, without all of the previous footwork required. This type of human resource service has proven to be a cost effective answer to the problem of screening potential new employees.



Jamie Simpson -
About the Author:

Many organisations can benefit from outsourcing their payroll. Ceridian offer many payroll services for all sizes of organisation.