Equal Employment Opportunity

Most people have seen the circled letters on ads or job applications. But does everybody know what they mean? And from a small business perspective, what is the implication to business practices?
 
EEO stands for Equal Employment Opportunity. It references a group of federal laws that protects individuals from discrimination in many aspects of the job process. This includes hiring, firing, promotions, pay, recruitment, and benefits. These laws are enforced by the Equal Employment Opportunity Commission. The laws preventing discrimination are as follows:
  •  Title VII of the Civil Rights Act 1964 (Title VII) – Prohibits discrimination based on race, sex, religion, national origin, or color. This law applies to businesses with 15 or more employees. :
  • Equal Pay Act of 1963 (EPA) – Men and women must be paid equal pay for substantially equal work within the same organization. This act applies to businesses with 20 or more employees. The most inclusive of the group, this law applies to most businesses with one or more employees.
  • Age Discrimination in Employment Act of 1967 (ADEA) – Individuals 40 years or older are a protected group. This law applies to businesses with 20 or more employees.
  • Rehabilitation Act of 1973, Sections 501 & 505 – Protects qualified individuals with disabilities that work within the federal government.
  • Title I & Title V of the Americans with Disabilities Act 1991 (ADA) – Protects qualified individuals with disabilities that work within the private sector and local and state governments. This law applies to businesses with 15 or more employees.
  • Civil Rights Act of 1991 – Provides monetary damages for those found to be intentionally discriminated against.
All employers that are affected by the EEOC enforced laws are also required to post a summary poster in the workspace in clear view of all employees. The Department of Labor has downloadable poster available. Click for additional detail or an overview on the laws.

Closing the Doors

When a business decides to close its doors, it must do more than simply lock the doors. Just as in the beginning, there are specific steps to follow to dissolve a business. If that business has been incorporated, there are a few additional steps.
 
From a simplistic accounting viewpoint, it is a matter of emptying the balance sheet. Assets are liquidated, creditors are paid, and shareholders are given their respective portions of the liquidation. By state statute in Idaho, the dissolution must be filed with the Secretary of State. The necessary form is found on the Secretary’s website. And of course, the IRS must be settled with as well.
 
The IRS provides a checklist for businesses seeking to dissolve. Among others, this list includes:
  • Make final federal tax deposits
  • File final employee pension/benefit plan, final quarter or annual employment tax return and final tip income and allocated tips information return (if applicable)
  • Issue final wage and tax withholding to employees and payment information to any subcontractors
  • Report from W-2’s and 1099’s issued
  • Report capital gains and losses, partners’ or shareholders’ shares, corporate dissolution or liquidation, and sale of business assets or other exchange of property.
To read the full checklist, including links to the appropriate forms, visit the Closing a Business page within the Business section of the IRS website.  To read more about dissolving a business, check out these guides from AllBusiness.com and Quamut.com.

Does 50/50 Really Mean 50/50?

One of the most important decisions a business owner will make is how the business will be structured. There are several options available; corporations, limited liability corporations (LLC), partnerships, or sole proprietors. While LLC’s are becoming more popular in Idaho , the simple partnership is still a common choice. Underneath its coat of simplicity, though, is an arrangement that can destroy the business in the long run.
 
Renowned author, Harvey Mackay, wrote a column on this topic. He maintains that the biggest issue in a partnership is translating the agreed upon profit split into a corresponding division of work and responsibilities. He uses the example of a law firm. The junior partners often feel that they do a majority of the work, but receive a minority of the profit. The senior partner feels that their name and reputation has a certain amount of equity that warrants a higher take in the profits.
 
Mr. Mackay advises caution when choosing a business partner. Just because you appear to have complementary skills and goals, doesn’t mean that the presiding perceptions each party brings to the table will mesh as well. Ideally, your new business partner will be someone with whom you already have a long working relationship. This way both parties are already aware of each others strengths, weaknesses, and overall work habits. Click to read more Harvey Mackay essays or his blog.
 
Once you have decided to form a partnership, the decision should be executed with a formal written partnership agreement. The agreement should document what each partner is contributing for the start up and the ongoing operations, what each partner’s return will be, and an exit strategy. The exit strategy is often overlooked. Today the partnership and business may look like it will last forever, but tomorrow death, disability, or too much time together could necessitate an ending to the relationship. Additional information on structuring your business can be found on our website or by visiting with one of our consultants.

Please Clean Out Your Desk

Despite management’s best efforts to hire the best employees, this is not always the end result. Sometimes an employee needs to be dismissed. Whether the dismissal is brought on by lack of performance, budget constraints, or unacceptable behavior, there is certain protocol that should be followed. These “rules” will provide some protection for the company, the manager, and the individual being dismissed. 
 
  1. Legal counsel – Before proceeding in your decision, consult your human resources and/or legal department for potential ramifications of the termination. Some dismissals will be more complex than others and professional advice may very well pay for itself.
  2. No surprises - Give verbal and written warnings as well as maintaining performance appraisals. This will keep the individual from being surprised by your action.
  3. Be prepared - Have the necessary documents, severance or vacation pay, or reference materials ready at the termination meeting. Have a plan in place for compensating for the increased workload.
  4. Don’t get guilted into a decision - Think long and hard prior to the termination about doing so, then stand by your decision when letting the individual go.
  5. Communication - Don’t torture the individual with meaningless conversation and don’t get involved in an argument either. Don’t talk about the termination with other employees not involved in making the decision.
  6. Timing – Experts agree that once the decision is made to let someone go, do not procrastinate. The situation will usually get worse. The best time to let someone go is early in the week and in the morning. Never right before a weekend or holiday.

The coming and going of employees is a natural cycle in any business. Proper management of the process will minimize the negative impacts on the growth of the company. To read more tips on the termination process, visit HRhero.com, AllBusiness.com, BusinessTown.com, or the University of California - Berkeley's College of Natural Resources

Independent Contractor or Employee?

The difference between an independent contractor and an employee is sometimes overlooked. While the difference is subtle, the reporting impact is not. An employee will have tax and insurance obligations that an independent contractor does not. There are also consequences of misclassification.
 
In general, the issue comes down to where the control of work lies. If the manner the work is done lies with the worker, then that individual is an independent contractor. If the hiring entity controls how the work is done, the individual is an employee of the hiring entity. The distinctions between the two are made clearer by examining the facts surrounding the behavioral and financial controls, and how the relationship between the two parties is structured.
 
As with every rule, there are special cases and exemptions to these rules. The IRS provides more detail and examples on their website , including a brochure specific to the topic.  The Department of Labor, in conjunction with the IRS, has a recorded webinar covering the topic also.

Idaho Legal Trends

This past May, Nicole Snyder (Holland & Hart in Boise) was elected the chairperson of the Business & Corporate Law Section of the Idaho State Bar. In September, Idaho Business Review interviewed her about the Idaho business law environment. 
 
One of the questions asked was, “What trends do you see in corporate and business law?” Her first response was that a growing concern for all businesses is protection of intellectual property. Intellectual property is the business name, trademarks, patents, or copyrights. These could be the only assets providing differentiation from the competitor. Much information concerning how to protect these assets can be found on the Idaho Small Business Solutions website.
 
Her second response indicated an increase in the number of firms forming as a limited liability company. (LLC) A LLC is often seen as the middle ground between a partnership and a corporation. Members are not held to the same degree of debt liability as a partnership or sole proprietorship. The amount of required information disclosure is much simpler than for a corporation. LLC’s are not required to record minutes, report to a board of directors, or answer to shareholders. The LLC’s profits, losses, and expenses flow through the company to each member. Therefore, the member’s only pay their individual tax, instead of a corporate tax as well.
 
An attorney can help individuals protect their property and form their company in the most beneficial manner. To read the entire Idaho Business Review article, click here.

Idaho Contractor Information

The SBDC is frequently asked if contractors have to be licensed to work in the state of Idaho. Licensing, which has an experience or education/exam requirement, is not required.  Typically, licensing is required of specialty subcontractors such as plumbers or electricians. However, the State Board of Contractors does want to monitor contractors doing work within the state. To this end the Idaho Contractor Registration Act, which went into effect January 1, 2006, was written. The Act requires all contractors to be registered with the Board. The Board is a division of the Bureau of Occupational Licenses.
 
A contractor is defined as an individual engaged in a construction job that costs more than $2,000 in labor and materials. Licensed public works contractors and construction managers may register without paying the $30 fee. Licensed subcontractors, architects, surveyors, and engineers are exempt from registration as long as they are not contracting outside the scope of their license, for example a plumber contracting electrical work. Employees of contractors, suppliers, owners working on their personal property (no intent to sell within twelve months), and commercial building owners using their own crews are also exempt from registration.
 
Specific documentation is required for registration. It includes the following list.
  1. Proof of liability and worker’s compensation insurance
  2. Social security or federal tax identification number
  3. Statements that include the name of the business, the work to be done, the names of all interested parties (those claiming an ownership stake in the business)
  4. Testament that registration has never been denied or revoked or the reason for a previous denial or revocation against any of the interested parties.   
Applications may be printed and mailed or requested by writing to the Idaho Contractors Board.  For more information visit the Idaho Contractors Board page on the Idaho Bureau of Occupational Licenses website or click here to visit our FAQ page.

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