3 Things You Can Do to Make Interviewing Job Candidates Easier

By Lisa 0

While startup founders are well-known for their skills in selling their business, they’re also known for being smart about hiring.  Small business owners, especially long-term owners or new entrepreneurs, may not be as hiring savvy. If you’re new to the hiring process, here’s a few strategies you can employ for a more successful interview. 

Prepare to Sell the Position

A job interview is a two-way street. The candidate is interviewing you every bit as much as you are interviewing them. You will need to give a candidate a reason to want to work for you, knowing that they may have several employment options available to them. In order to prepare, you should figure out ahead of time what the selling points of your organization are and prepare an elevator pitch.  Rehearse how to work them into the interview. Expect that every candidate who walks in the door will be the right candidate for the job and be ready ahead of time to seal the deal.

Prepare Questions Beforehand

Job interviews are generally not very long. Before you know it, you are saying goodbye to the job candidate and sending them on their way. Wasting time during an interview helps neither you nor the candidate.  By taking some time before the interview to plan the flow of the interview and the questions you’ll be asking, you can use the scheduled time more effectively.  Just like you can sense that a candidate came unprepared, they can sense the same of you.  Not only does a little preparation go a long way to making a good impression, it also helps to guide the conversation. Come up with a few questions that you believe will give you a sense of your candidate’s abilities. It’s also a good idea to know who you can and can’t hire.

Practice Active Listening

President Lyndon Johnson once said, “You aren’t learning anything when you’re talking.” This holds true when you are conducting an interview as talking too much is one of the common mistakes that interviewers make. While you want to sell your company, an interview is also your chance to see how a job candidate handles certain situations and responds to pressure. It is difficult to get a sense of the candidate when you are the one who is doing all of the talking. At the same time, practicing active listening does not necessarily equal silence as it is possible to listen and still participate in the conversation.

By knowing ahead of time how best to conduct a job interview, you can go a long way to ensuring that interview will be productive.  A good job interview helps you schedule fewer interviews, spend less time interviewing, and ultimately find the right candidate quicker.

If you would like share your interviewing tips and experiences with other new employers, please comment below!

mompreneur asks

By Jessica Suotmaa 0

A “Mompreneur”, a mom who is also an entrepreneur, recently asked how she can lock in her business name so that no one else can use it. She is in the early stages of starting her business and isn’t ready to have a sign on the door or even a website.  She had many, many questions regarding her logo, her business name, other business names and logos, which basically came down to how she can create the brand she’s visualized without legal ramifications.

While answering her questions, we realized these may be common questions that start up entrepreneurs and new small business owners ask.  We decided to share both her questions and our answers in this blog for your reference.

Note: Our Mompreneur’s anonymity is fully protected.

Question: I know what my business will be about. I have a name picked out and two design ideas but I wonder:

  1. Does it make a difference that the name I want is used in a different industry? Can I still use it?

  2. One of the designs looks similar to a design used by a foreign company overseas. Can I still use it?

  3. How can I lock in my business name so that no one else can use it?

  4. I’m not ready to have a website yet, but I want to set up my Facebook Business Page. How can I reserve the website name so that others can’t use it?

Answer: It sounds like you are well on your way to starting your business!  Startups require much thought and it’s great that you’ve started on the online branding already.  However, the order in which branding occurs is important for legal purposes.

To properly answer your question on the business name, we would need more details, such as the name you have in mind and the businesses and industries of said businesses that already use your chosen name.  There are many ways to answer this question and to give you an idea of what the different ways might be, here’s what we would typically ask:

  • Have you registered a business entity for your business idea? Do you plan to? Do you plan on using your brand name as the business entity name?

    • You can go on California’s Secretary of State website to look up your chosen business name and see what businesses (if any) have already registered your chosen business name in the State.
    • The State will not allow you to register the same business name as an existing active business entity, even if in different industries.

  • If not, do you plan on registering a trade name or “doing business as” (DBA) fictitious business name?

  • Would you like to trademark your business name?

    • If you really want to protect your brand, then we would recommend trademarking your business name and logo.  Start by searching the trademark database to see if your chosen business name is already in use.
    • You can trademark your desired business name even if another business is already using that name, provided they are in a different industry with dissimilar products/services.
    • You should have begun using your desired trademarks in commerce prior to registering.
    • A trademark will prevent others from using your registered business name, or names and logos that are similar to your registered trademarks. If it does not, then at least you will have legal “weapons” to protect your intellectual property.

Once you have the strategy down for your business, then start searching website domain names and finishing up that Facebook Business Page!

If you need assistance with any of the steps above, a good business attorney specializing in small businesses and startups can help analyze your specific needs and provide insight and help. Contact one of our experienced business attorneys!

 

How can a minor get a trademark or copyright?

By Jessica Suotmaa 0

Someone recently asked whether a minor, a person under eighteen years of age, can register a trademark or copyright.  Many answered that there are no federal age restrictions, but there might be restrictions in your state.  Some answered that the minor should incorporate and went on to explain how to go about becoming a shareholder in their state.  All of this is good advice, but we thought we would explain the why in addition to the how.

Can a minor register a trademark or copyright?

The answer is yes, a minor can own a trademark or copyright. There is no age restriction for registering a trademark or copyright.

However, a minor may not be able to enforce a trademark or copyright.  In federal court, a minor needs a guardian to sue for infringement. In most state courts, a minor would also need a guardian to be in charge of the business proceedings involving a trademark or copyright owned by a minor.

When does a minor benefit from incorporating and becoming a shareholder?

Depending on the state, incorporation comes with certain costs.  In California, the tax liability alone is a minimum of $800 annually. As such, we would not recommend just any minor with a copyright or trademark to incorporate.

Having said that, there are instances when incorporating would be beneficial to a minor with intellectual property.  Such instances would include minors who are in business and therefore have business income, earnings, and sales.  If a minor needs to sign contracts in relation to their intellectual property, then it may be beneficial to incorporate so as to protect the minor’s interests.

How does a minor form a corporation in the state of California?

In California, a minor cannot be a Director or officer for a corporation, but a minor of any age can own stocks.  This means a minor can be a majority stock holder in a corporation.

While the age restriction does mean the minor would need another trusted adult to act as an officer for the corporation, it also means that the minor can sue any of the officers as a shareholder.  This is an important protection for the minor in the event an officer or guardian acting as an officer, misuses the corporate funds or intellectual property.

 

Do you have more questions regarding minors and intellectual property? Contact an attorney today!

5 Things to Consider when Choosing a Co-working space

By Jessica Suotmaa 1

We at Lum Law Group know many who have ventured into the modern world and signed up for the modern working space.  Instead of hiring an agent to find a traditional office space, negotiating a one to five year long lease, and waiting months to move in, a co-working space can start you in their offices as soon as your credit card payment is processed.  Still, a newbie entrepreneur or small business owner might wonder, what factors should I consider when choosing between renting a traditional office space and signing up for a co-working space? As such, we have rounded up our thoughts into this listicle for your convenience.

1. Length of Obligation

Traditional office leases require at least a one year commitment with a few months deposit.  This can be a hindrance for an entrepreneur, startup owner, or small business owner who is unsure of how much space is needed at the beginning. You might want to upgrade your facilities after a few months when you hire an extra five employees.  You might need larger co-working spaces for planning and meetings.  Perhaps your employees would prefer more space for leisure activities you didn’t consider before.  There are many reasons why a business owner might realize a larger space is needed, but the traditional office lease does not afford such flexibility without loss of deposit and possible fines.

A co-working space is often associated with a “desk” or couch space in a large warehouse-like open area where freelancers can drift about.  These days, the term “co-working space” is interchangeable with executive suites where a lessee rents an office and shares the remainder of the space.  Where an executive suite contract may require a few months to a year, a co-working space is often on a month-to-month basis with little to no deposit.  The commitment is flexible and you can upgrade from a shared open space to a desk, to a small office, to a large office any time you feel it’s necessary. Decide you don’t like sharing a conference room with other tenants?  Move to your own space! The co-working space allows you to adjust and pivot when you desire.

2. Financial Obligation

As mentioned above, traditional office leases can cost more in desired downtown locations and require a high deposit depending on your personal or business credit rating.  However, a co-working space often requires little to no deposit, and starts at rates of $100 a month, depending on location. Since there is no minimum length to your contract, the financial obligation for a starting business is especially low.

3. Your Business’ Online and Offline Presence

Traditional offices offer businesses exclusivity.  You can have your business name on the street corner, on the first floor, on the list of businesses, on your door, etc.  Some may consider this a requirement for a “legitimate” business.  Most co-working spaces cannot offer this, though some executive suites may be able to put your business name on the front door or waiting area.  If you rent a private office at a co-working space, then you can place your business name on the door (or beside it), but it depends on the company offering the space.

Online Presence can be an issue for executive suites and co-working spaces without suite numbers.  On Google Business, for example, a business name, address, and phone number is associated with a location.  When an executive suite has multiple businesses registered at one location, then it’s possible that when searched online, only one location phone number will show up.

If another business at the same location of yours hires a marketing company and has especially good SEO, then it’s possible your company will be overshadowed by theirs.  Clients may call the first number that pops up and expect to be transferred to you, the way executive suites traditionally work.  In this case, the potential client may struggle to reach your business via phone, and even mail can easily be misdirected.  This is especially true if there are multiple businesses offering the same service, e.g. law offices, CPAs.

 4. Networking Opportunities

When a traditional business owner at a traditional office space wants to network, they have to seek networking opportunities through their friends, acquaintances, and clients.  They often join professional organizations, become board members, or sign up for classes. The traditional business owner has to leave their office in order to network, while the modern business owner networks everywhere.

Co-working spaces offer networking opportunities just by definition of being a “co-working space”.  To the savvy networker, this means you have more opportunities to strike up conversation with other professionals in a variety of industries, thus expanding your network.  Since co-working spaces often offer soft drinks, including coffee and tea, it’s easy to “grab a coffee” with someone who happens to be reaching for coffee when you are.

More importantly, to the business owner who is less savvy at networking, many co-working spaces hold weekly and monthly events.  These events might be industry targeted, they might offer professional education, or become opportunities for you to showcase your experience and skill set.  Many co-working spaces offer these events for free to their members, but charge a fee to outsiders to offset their costs. This means you have opportunities to meet people outside the co-working space.

5. Security and Privacy

A traditional office offers business owners privacy in that they have control over who is on the premises, the hours of operation, and the wireless internet cyber security protocols.  These are factors that are of utmost importance for certain industry professionals.

The large, open-space co-working space doesn’t offer much privacy if you haven’t subscribed to a private office or scheduled a conference room.  This could be important in industries where confidentiality and client privacy are important even if you’re just on the phone or typing an email.  There are co-working spaces that now offer private, sound-proof rooms for solo use.

 

If you’re still on the fence as to whether you should consider a co-working space or a traditional office, contact Lum Law Group to speak to an experienced attorney.

Top 3 Differences Between a Sole Proprietorship and a Single-Member LLC

By Jessica Suotmaa 0

If you’re a one-man (or woman) business, you might wonder whether you should continue operating as a “sole proprietor”, or register as a single-member Limited Liability Company (LLC). Since both business entity types are for a single owner, we will cover the top three items you should consider in deciding between sole proprietorship and single-member LLCs.

1. Costs

Sole Proprietor: The cheapest way to start a business is to “be” the business as the owner of a sole proprietorship.  You could obtain an Employer Identification Number (EIN) for free (for banking, payroll, and tax purposes).  As a sole proprietor,  your name is your business. However, if you want to “do business as” another name, you can obtain a fictitious business name for a fee through your county.  You would not have to register your “company” officially through any channel or pay any maintenance fees.

Single-member LLC: This is not the case with a LLC.  To register an LLC with your local State, you would have to pay registration fees and file Articles of Organization.  Depending on your organization, you will also have to file annual Statements of Information (for a fee). In California, an LLC pays a minimum tax of $800 a year.

2.Taxation

Sole Proprietor: As a sole proprietor you would report your income and losses on your personal tax return with Schedule C and itemize when necessary.

Single-member LLC: Since LLCs are not federally recognized as separate entities, LLCs are taxed as one of the other entities: disregarded single-member LLC (sole proprietorship), partnership (if more than two members), or corporation. As a single-member LLC, you cannot elect to be taxed as a partnership, but you can choose between sole proprietorship and corporate.  To be taxed as a corporation, you would need to file a separate form with the IRS.  If you opt not to do anything, you will default to sole proprietor taxation.  To be taxed as a sole proprietor means you would use one of the Schedules and file with your personal income taxes.

In California, LLCs electing to be taxed as corporations have no annual fees. Whereas, an LLC taxed as a partnership or sole proprietorship will have an “LLC fee” if its income is greater than $250,000.

3.  Liability

Sole Proprietor: Since a sole proprietorship means you are your business, it also follows that your business’ income and debts are also yours.  This simplifies your tax preparation, but it complicates your liability.  If your business goes bankrupt, you go bankrupt. If your business is sued by a customer or employee, you are personally sued in the process.  If your business loses all its assets, you could lose all of your personal assets.  Probably the most significant reason small business owners choose to register an LLC over sole-proprietorship is to protect themselves from full liability.

Single-member LLC: A limited liability company means, quite literally, that is offers limited liability protection to its members.  Each state has different limitations and rights afforded to LLCs, so its important not to just read an article on a generic website or service, but specifically refer to California Corporations Code.

An LLC protects its members from outside liability suits, but it does not protect from internal suits, meaning members can sue each other for e.g., profit losses. However, this protection is not all-inclusive. In some cases such as personal negligence, LLC members can lose their personal assets. In other cases, external creditors can obtain your shares in an LLC, or your share of the profit distribution.

Note: It’s important to note that one of the main differences in operating a sole proprietorship and an LLC is the separation of personal and business funds.  As a sole proprietor, you don’t have to keep close records of your business funds. However, as a member of an LLC, you do need to keep your business funds and expenses separate from your personal funds. If you fail to do so, you may lose your liability protection.

 

If you are unsure as to whether you need an LLC, or if another type of business entity would better suit you, contact an experienced business attorney. You may also want to contact an insurance representative to discuss liability insurance.

5 Scams Every Small Business Owner Should Know

By Jessica Suotmaa 0

At the end of the year, many small businesses take stock and plan how to do better in the next year– much like how individuals check their bank accounts and step on their scales to see how they can improve those numbers come January 2019.  The desire to improve is commendable. Yet, where large companies have skilled experts on their payroll to apply tried-and-true strategies, small businesses don’t.  They rely on external professional opinions. As a result, scammers tend to target solo entrepreneurs and small business owners.

1. The “You don’t know anything about SEO or websites” Scam

Nearly every day, we get an email from someone who claims to be an SEO expert.  Granted, a few of these professionals might actually know a thing or two about SEO, but even they make their services sound too good to be true.  These professionals will inform you that if you knew SEO, or had a better website, you would have more customers.  Your website would rank higher on Google Search Results.  Your business would get more exposure, which then would result in more sales, or clients, or fame.

The truth is that you don’t know if they have SEO skills. You don’t know if their website design is better than your current one, or the one you were thinking about designing.  The SEO scammer knows you lack the internet knowledge to question their scam, and will send you “personalized” reports that they can generate with a click of the mouse.  These reports are copy pasted information that will tell you all the things you need to improve–for a price.  All your problems can be solved by throwing money at them.  Don’t forget to ask them how much.

2. The “You Deserve An Award or Feature” Scam

Back in the day, scammers used to sell “directory listings” as a way for small business owners to gain exposure and new clients.  The SEO scam is a modern version of that scam, but there is another scam that is similar: the “Congratulations! You have been featured” scam.

In this scam, you receive an email or phone call about you, or your company, has personally been selected to be “featured” or awarded something.  The scammer provides a lot of details on the publication, company, or organization that is granting you this great honor, and asks you quite a few questions about when you would like to be “honored”.  At the end of the conversation, they will give you a price.  It’s usually a few hundred dollars for an award and a few thousand dollars for a feature.

Many small business owners will think of it as an “investment”, thinking this cost will be offset by the respect having that plaque or print magazine feature hanging on their wall will buy them. If you feel the same way, that’s fine with us, but we think it’s cheaper to self-publish.

3. The “You Can Be Like Me” Scam

The modern day “You Can Be Like Me” scam is usually done by an “influencer“, someone who is popular, has a wide following, and is able to use his or her influence to sell products and services.  First of all, there are plenty of influencers who are not who they say they are, but there are also influencers who are not as wealthy or successful as they claim to be.  They use their popularity to gain free products and services from businesses in exchange for reviews and exposure.  On an initial level, a small business owner can be scammed by a person who claims to be an influencer, but actually only has fake followers. That’s why there’s no ROI.

On a second level, the influencer will sell coaching programs to teach ordinary people how to become like them.  When they target small business owners, or aspiring entrepreneurs, they will highlight how easy it was to get started and how they earn “passive income” and were finally able to quit their nine to five jobs.

On a final level, there are professional coaches who aspire to be influencers.  They sell coaching programs that promise you great things, but it’s almost impossible to verify their credentials. It is also difficult to glean whether or not a coaching program has worked for you.  Are you lagging in progress because your coach is sub-par, because the content doesn’t speak to you, or because you haven’t been putting in enough effort? If something doesn’t work, the coach will say they have a better idea and this next strategy will definitely work for you.  It’s comparable to the blind following the blind.

4. The “Phishing Scam”

Scammers “fish” for your company information via a “phishing scam” by telephone or email.  If by email, they will impersonate a real company, such as Google or Fedex, and ask that you “login” to their fake website that looks exactly like the real website.  If by phone, they will try to “verify” your information over the phone, and expect you to make purchases or pay bills on the phone with them to gain your credit card information.  Avoid this scam by directly typing the URL of the website your trying to access rather than clicking on email links. If you receive an email that you suspect could be a scam, avoid clicking anything and mark as spam immediately.

5. The “Did You Forget” Scam

Scammers know that small business owners tend to have an external accountant, or someone else in the company acting as bookkeeper.  They also know that small business owners tend to be busy and do not have time to mind every single invoice that enters their inbox.  As such, they will often send random invoices, even past due reminders, to pressure accountants to pay off balances immediately.  We have seen emails for services never rendered, hotel vacations in Ventura, and office supplies we didn’t buy. Be careful of email invoices and ensure that every invoice is matched with an internal request.

 

We hope by writing and talking about the five scams we’ve listed, and more, we can help small business owners avoid being scammed.  Remember, if it sounds like it might be too good to be true, it probably is.  For the official Federal Trade Commission anti-scam guide, click here.

Are you worried you might be a victim of a scam? Give us a call and talk to our attorney today.

 

5 New 2019 California Employment Laws Every Business Owner Should know

By Jessica Suotmaa 0

California will implement many new regulations in the coming year. As a small business owner, it’s important to remain up-to-date with new legislation so that you can ensure your business is in compliance with State regulations. As employment defense attorneys, we encourage businesses to take preventative action before they’re sued by their employees. Here’s five ways you can avoid an employment related lawsuit in 2019:

1. Is he/she an Independent Contractor or an Employee?

The ABC test for determining whether your independent contractor is truly an independent contractor or actually an employee was already implemented in April this year (2018).  The California Supreme Court ruled on the subject in its decision on Dynamex Operations West, Inc. v. Superior Court. Since then, to determine whether your worker is an independent contractor or employee, you should ask yourself the following:

A – Is the worker free from your control and direction?

B – Does the worker’s performance take place outside your company’s usual scope?

C – Does the worker primarily function in an external, independent business or trade?

The answer to all three questions should be “yes”, if not, you cannot issue a 1099 for their work. This means many existing 1099 workers, such as freelancers and contractors, can no longer be considered independent contractors.  Also, if you are self-employed and using a 1099, you may need to administer the ABC test on yourself.

Read more on Forbes’ An End of an Era? How the ABC test could affect your use of independent contractors

2. Do I have to pay the $11 or $12 state Minimum Wage?

In 2016 California passed a legislation raising the state minimum wage to $11 an hour for those working in small businesses with fewer than 25 employees.  For businesses with more than 25 employees, the minimum wage is $12 an hour.

3. What about agricultural workers has changed?

Employers of agricultural workers with more than 26 workers will see changes in overtime policy.  Where the current law requires agricultural workers to be paid time and a half after ten hours of work in a day, or sixty hours in a week, the new law reduces the threshold.  In 2019, an agricultural worker working over 9.5 hours in a day, or 55 hours in a week, will be entitled to time and a half.

But what if you don’t have 25-26 agricultural employees? What if you have 10? The law does not go into effect for you until 2022.

4. Do I have to accommodate breastfeeding mothers?

Yes, yes you do.  Federal law requires employers to accommodate lactating mothers by providing them time and place to expunge breast milk, but it did not specify what type of room. As a result, many mothers were required to pump in a restroom, or even take their infant into a restroom with them.  New law, called lactation accommodation, requires employers to provide nursing mothers with a private room that does not have a toilet stall.

5. What about the #metoo movement and Workplace Sexual Harassment?

Sexual Harassment training used to only be required of companies with over 50 employees, but starting in 2019, even small businesses with as few as five employees will be required to provide sexual harassment education.  The new law mandates that, within two years, supervisory staff should have a minimum of two hours of sexual harassment training while non-supervisory staff should have one hour of sexual harassment training.

 

 

Source: https://www.northbaybusinessjournal.com/northbay/sonomacounty/8947388-181/california-employment-law-2019

Services Your Business Can Outsource to Save Time and Money

By Lisa 0

You are trying to run a successful business on a budget, but there are just too many tasks to complete for your staff to keep up with in their daily routine. Hiring more full-time employees is just out of the question at this point. The additional expense would place a huge burden on your company, and you would have to figure out some way of training new employees without disrupting your workflow. As a consequence, you are forced to put more responsibilities on your already overworked employees.

This is no way to run your business. Still, it is a mistake many business owners make because they think in terms of working harder rather than smarter. Fortunately, the problems your company is facing are easier to overcome than you might expect.

The trick to getting more done and taking the bulk of the burden off your employees is to outsource some of the work. This will free up your employees to do more of what you actually hired them to do. The following covers a few areas where outsourcing makes sense for your company.

Downsizing Your IT Department

A lot of business owners think it is necessary to have IT staff on the premises. This is not necessarily the case at all. In fact, a lot of companies have downsized their IT department and outsourced the majority of this work to a third-party IT solutions provider. In making this simple change, a business owner can reduce the amount of operating space they need. This may even enable a business owner to relocate to a smaller building with lower monthly rental costs.

Another advantage to outsourcing your IT needs to a third-party provider is that it is much cheaper to scale your service if the need arises. If you had to scale your IT department yourself to meet increases in demand, such an upgrade could get extremely expensive. Additionally, you can have peace of mind knowing that IT professional services tend to screen for the most qualified and credentialed IT people to work for their company. You can use IT asset management to help audit your IT processes so you know where you can make cuts and what you can outsource. 

Source: https://www.ivanti.com/blog/what-is-it-asset-management

Regular Maintenance

Every business location is going to need some maintenance services from time to time. Your business is really no exception to that rule. Toilets overflow and pipes break, and these types of issues are going to require the right person with the know-how to fix them. Most likely, however, you do not need a permanent janitorial person on staff to keep your building operating at peak performance. It is perfectly reasonable to outsource these tasks to a maintenance service or private contractor that you can keep on speed dial for any unexpected emergencies.

Source: https://www.manufacturing.net/

Making Your Building Shine

You operate out of a sizable building, but it is not large enough to justify hiring a full-time cleaning person to be on your staff. It can be more cost-effective to pay a cleaning service to come in and do a good cleaning a couple of times a week. As for small cleaning tasks, it will not hurt your employees to learn how to empty their trash and exhibit some level of responsibility toward keeping their own area clean.

Source: https://www.southerncrosscleaning.com/

Landscaping and Lawn Service

When you started your business, you may have assumed that you would do all your own landscaping and lawn maintenance yourself. This seemed alright because you like getting outside and working with your hands from time to time. However, if you’re like many business owners,  your time has probably become more precious as you’ve grown your business.

Don’t fret if you can no longer keep up with mowing and landscaping. You can outsource your landscaping and lawn maintenance tasks to a qualified company. Doing so will ultimately free you up to do more of the executive duties you need to remain focused on completing.

Source: https://www.legionlandscaping.com/

Holding Business Meetings Offsite

Whether it’s a formal meeting or a training seminar, meetings are a necessary part of business operations. If you don’t have the office space or seating to host your next professional event, then it may be wise to host it at an offsite location. You don’t want the added expense of buying and storing seating just to accommodate larger meetings—particularly when they don’t happen regularly. You can find professional office spaces that rent by the day or hour that will provide for all your business needs.

Source: https://blog.davincimeetingrooms.com/meeting-rooms/meeting-space-vs-hotel/

Headed in the Right Direction

You have taken charge and turned the situation with your company around. Your regular full-time staff is no longer being swamped with an endless array of tasks and duties. By outsourcing many key company procedures, you are finding it so much easier to run your business like a well-oiled machine. In addition, you are noticing that you are saving more time and money than you thought you would. In fact, things are running so much smoother these days that you think it might be time for you to take a long overdue vacation.

If you need business advice, especially from a legal point of view, contact us to see how we can help you today! You’ll be glad that you did!

Are you prepared for an ICE RAID?

By Jessica Suotmaa 0

Since the beginning of the year, we’ve seen an increase in ICE employment site raids. Many attorneys discuss what to do when ICE knocks on your door–discussing your rights and responsibility of compliance, but here we’ll be advising the employer.  If you’re small business owner, franchisee, or anyone who employs another person, this is for you.

Why does ICE conduct “raids” and “audits”?

ICE stands for Immigration & Customs Enforcement, which means unless you’re in the import/export business, they are knocking on your door to check for undocumented workers.  An ICE audit requires employers to provide copies of all I-9 forms, which verifies an employee’s employment eligibility, on file with HR.

ICE also arrests employers who grossly break employment laws, and issues fines for employees who are not compliant.

Did you know? An error in record keeping can cost you $224-2,236 per form/employee!

What does I-9 compliance mean?

As an employer, you are required to collect United States Citizenship & Immigration Services (USCIS) I-9 forms from every employee working in the U.S.  The most recent I-9 Employment Eligibility form can be viewed here.

Did you know? 76% of I-9 forms have an error that could result in a fine!

Instructions state you must have the employee fill out the I-9 form first, then within three days of hire examine and verify the employee’s documents. The employee should have provided two forms of identification and have valid employment authorization.

Don’t think the three-day deadline is optional. Employers who are caught with employees whose identifications they failed to verify can be charged for willfully employing illegal aliens.

Backdating forms is also not an option–it is illegal. Falsifying documents is one of the worst crimes a small business owner can commit. In 2015, a small California-based manufacturing company was fined $12,000 for two things: 1. Failure to maintain valid I-9 forms for 18 of its employees. 2. Backdating I-9 forms after receiving an audit notice.  Don’t be like Liberty Packaging Inc.

Once you’ve obtained executed I-9 forms and have verified the IDs, then you must keep the forms for three years from the employee’s first day of employment, or one year after the employee’s last day of employment.

I’m just a small business owner–they won’t audit me

Many of us might think only large companies are audited, but this is not the case. In 2014, ICE conducted 1,320 work site audits, of which fifty percent had under 100 employees (“small” businesses).  Your business might not be on the radar, but if even one employee has an outstanding warrant of arrest, then all of your employees will be inspected onsite.

What do I do if ICE is outside?

  • Ask for identification. Get a business card or take a picture of it with your cellphone.
  • Ask if they have a warrant.
  • Check that the warrant is signed by a judge.
  • Make a copy of the warrant.
  • Give them your lawyer’s business card.
  • Be polite and ssk them how you can help them.
  • Do not be defensive or uncooperative.
  • Ask if they will accept copies instead of originals. If they refuse, then ask that you be allowed to make copies before originals are taken offsite.
  • Ask for an inventory of everything they’ve seized, if relevant.
  • Call your attorney.

Know that you only have to let ICE into private premises if they have a signed warrant to inspect premises. Otherwise ICE can only enter places of business.

Regardless of your circumstances, we do not recommend you to hand over any I-9s without consulting an immigration or employment attorney familiar with I-9s and ICE audits.  Contact our office if you need to speak to an attorney now.

What if I receive a notice of an administrative audit?

If ICE has a warrant for your company’s I-9 forms, you have 72 hours to produce the forms.  We do not recommend you to rush to your HR and produce them immediately. Rather, schedule a date and time for the I-9s to be picked up.  Be sure to make a copy of everything you submit to USCIS or ICE and maintain records of all interactions.

If you have several locations, or your HR is not on site, or you just don’t think you can make the 72 hour deadline, then explain your circumstances and ask for an extension. ICE will normally grant you a short extension.

Finally, if ICE determines you have formative errors in your documents, it will give you 10 days to correct them. If ICE determines you have substantive errors in your documents, it will issue you a notice of a fine or otherwise. If you passed your audit, you will receive a clearance notice.

What can I do to prepare for an audit or raid?

If ICE is outside your door, it’s already a little late. It’s also a little late to start panicking when you receive an audit notice in the mail.  The key is to prepare before a potential audit. Here’s what you can do to ensure your business is ready for an I-9 audit or ICE raid:

  • Take out all your existing I-9 forms and keep them in a separate file
  • Ensure all employees have filled out an I-9 form in its entirety
    • If upon review you discover an employee has not filled out the I-9 at all, then have them fill it out immediately and use the current date. Do not back date.
    • Ensure non-citizen employees fill out either their Alien registration number of I-94 number.
  • Ensure you have filled in Part 2 of the I-9 form in its entirety
    • Fill in any blank spaces with a different colored pen and date accordingly.
  • Fix any errors immediately.
    • Correct and notate the correction using a different colored pen and having the person filling it out initial on the side with a current date.
    • If the error cannot be corrected, fill out a new form and attach a memo as to why a new form was necessary.
  • Shred any I-9 forms you no longer need to keep (3 years, 1 year rule)
  • Keep track of any employees who have Employment Authorization Cards (work permits)
  • Ask HR to keep a schedule of EAD expiration dates and promptly remind employees of the deadlines
  • Ensure you are equipped to produce anything ICE may ask you for, including:
    • List of current employees (not independent contractors)
    • List of recently terminated employees
    • Quarterly wage and hour reports
    • Payroll records
    • E-verify confirmations (if relevant)
    • Business information, including business owner’s social security number
  • Designate someone who will be in charge of monitoring the ICE investigation, keeping records, and notifying your attorney.
  • Have employee rights information available and pass out to all employees.

If you have further questions regarding an ICE raid or administrative audit, contact our office and speak with an attorney.

How to Protect Your Business From Common Lawsuits

By Lisa 0

As an entrepreneur, it’s your responsibility to make sure that the business runs smoothly and is not affected by anything. One thing that can greatly harm your business is a lawsuit for tort liability. To avoid being a victim, here are five ways to protect your business from common lawsuits:

1. Monitor Your Actions and Words

You should be very careful when making public announcements or launching marketing campaigns. Always be honest with your promotions and avoid misleading advertisements. In addition, public statements should be respectful and avoid slander.

2. Institute a Sexual Harassment Policy

In your company’s sexual harassment policy, define what sexual harassment is, state that your business won’t tolerate such practices, talk about how your firm will discipline wrongdoers, include a procedure for filing such complaints, and outline protective measures for those who report such conduct. Gender shouldn’t be a basis for discrimination or irresponsible behavior; therefore, train your employees to treat each other with respect.

3. Have Personal Liability Insurance

Take up personal liability insurance to protect your personal assets from personal injury claims. You never know when an employee may decide to sue you for damages. For example, an employee can get injured at work due to their negligence, but choose to sue you for the accident. If you’re still in the process of building your commercial property, then take steps now to ensure that your construction company follows regulatory requirements for the structure. This will ensure that your property is up to code in terms of health and safety. Some additional precautions that you can take to avoid such a scenario are to section off dangerous areas and to install safety signs in places with heavy machinery. Ultimately, your business carries the duty to prevent personal injury for both the customers and employees on your premise.

4. Keep Your Files Safe

In the cloud computing era, it’s perfectly normal for your business to store information on the cloud since it minimizes costs and guarantees operational efficiency. However, before you select a storage system, ensure it’s safe to prevent the theft or misplacement of your client’s personal data and files. A customer can sue you for data breach and win if he or she discovers that you lost their personal information or it fell into the wrong hands.

5. Maintain Separate Accounts

You should not mix your business and personal accounts. An employee or an interested outside party can easily sue you for misappropriation of business funds if they discover that your accounts are not separated. Even if you don’t misuse company funds, it may be hard to support your claim due to constant withdrawals from your personal account.

Wrapping Up

Try incorporating the above strategies into your business operations to minimize costly lawsuits. Additionally, have a well-defined code of conduct in an employee manual to ensure employees know how to conduct themselves while at work. 

For more information on how you can secure your business against common lawsuits, or if you have any questions on how to handle a lawsuit that’s been brought against you, contact us now. At Lum Law Group we help our clients form and protect the businesses they’ve built from the ground up.

What You Need to Know Before Expanding Your Business Overseas

By Lisa 2

Expanding your business overseas is an exciting development for entrepreneurs. Developing economies are the new frontier, and only the industrious can hope to take advantage of it. Of course, where there are unique opportunities, there are also unique challenges. Expanding your business abroad comes with several legal concerns that can be critical. When considering expanding your business abroad, here are a few important points for you to consider.

The Business of Exporting

Expanding your business gradually is often the best practice. One of the simplest ways to enter an international market is by exporting goods.  Compared to opening a business locally, exporting will allow you to tap into the international market while avoiding heavy taxation, depending on the market and product. Generally, your business will only have to pay nominal customs fees.

As your engagement overseas intensifies, you might decide that it’s time to hire distributors. You’ll need to be familiar with local laws, especially regarding taxation.  Before you hire distributors or localize your operations with a branch office, consider hiring a consultant.  A  local business consultant will have specialized knowledge of applicable laws and regulations. A thorough understanding of these issues can help business leaders avoid costly mistakes.

Related: Entrepreneur.com

Patents and Property Rights

U.S. patents and intellectual property laws only protect businesses within the United States. Although European countries have a history of respecting US intellectual property registrations, the same does not apply to many countries in Asia and Eastern Europe.  There are international and local intellectual property organizations with which you can register your intellectual property.  It’s up to business leaders to protect their intellectual property when expanding to new markets. 

Contracts

Contracts in the United States work according to common law derived from judicial precedent. Whereas, contracts in several countries abroad operate according to civil law. Learn the difference and understand how it affects your agreements. How are commercial agreements made and disputed? What are the relevant regulations? What kind of records are you required to keep? These are all vital market-specific questions to which you should have the answers before you set sail.

Related: ACC.com

Learning About the Marketplace

Successful entrepreneurs know how important it is to understand the market if they want to be successful in their enterprise. A product or service that is popular and well-received in one market may be offensive and destined for failure in another. Have customers who are engaged with your customer services agents helps learn more about the culture and the market. Reading reviews and communicating with customers is another way.

Related: Podium.com

Culture Matters

It’s easy to take the cultural causes of previous successes for granted. Even what is considered a common greeting in one country can be thought of as deeply offensive in another. Rely on relevant experts and local market experts to avoid a misstep that will leave a poor impression. Remember that although you may be an expert in your industry and market, it doesn’t always lend itself to new markets.

Determine whether competing products or limitations in related technologies will be a challenge to your success. Target markets that will facilitate future expansion. Hong Kong and Singapore, for example, are excellent places to start because of their financial and business footholds in the world, and their location to many other economic and global powers. Think of a new market as a hub which will grant you access to increasingly distant opportunities.

Related: E-Sandhurst.com

The Logistics of Doing Business Abroad

Make sure you can scale your business appropriately. Early success has been disastrous to many businesses which were not prepared for a sudden explosion in demand. Expect to grow slowly, but be prepared for rapid expansion by developing a business plan and the resources to scale in advance. Understand the organizational patterns which are common to businesses in the markets you wish to explore and don’t take for granted that they work the way you’d expect. 

Making Connections

Part of the benefit of doing business abroad is learning about new cultures and people. Getting to know the entrepreneurs in a market can be rewarding both for you personally and as a business strategy. By forming contacts with local business leaders in transportation, supply or other related enterprises, you can help bridge the gap between theoretical and practical knowledge. This can become the positive difference in your business’ success. Always enter business relationship with an optimistic view–after all, those local  contacts can also become critical in navigating through any potential legal pitfalls that might entangle the unwary.

Related: Mashable.com

Franchising Overseas Should Be Done Very Carefully

For businesses that are a franchise, the prospect of expanding overseas especially since successful franchises often get the attention of investors across the world. But don’t jump into an offer too quickly, you need to stick to your core model, while being as adaptable as needed. And there needs to be caution as well, as things you might have originally have had down pat – such as franchise royalty fees – may be up to debate in other countries. Just do research as you need, and take it slow.

Related: FranchiseGator.com

Fortune Favors the Well Considered

Moving into the international marketplace is a big jump, even for big companies. Make sure you consult the relevant experts to ensure the process goes as smoothly as possible. Being well-informed is the first step to being well-prepared for success.

Have questions about expanding your business abroad? Or did you have questions about how your patents or trademarks will hold up in the international market?  Contact our office and speak directly to an experienced attorney!

Is a franchise contract for you?

By Lisa 0

When looking into starting a business, you may consider franchising. Buying a franchise means buying the rights to a particular company and own a “satellite location”, a smaller business at a separate location.

As a franchise owner, you could be in the position to run a well-known business with the help and support of the parent company. Companies offering franchising opportunities include, but are not limited, McDonalds, Subway, and School of Rock. 

Before buying into a franchise business, you must do your homework. Do look into the type of business , the industry, franchise prices, market saturation, financing options, and new worth requirements. By considering these items, you will have a better idea of what franchising involves and whether it is a good fit for you.

Legal Definitions

The franchising industry is one of the fastest growing industries across all business sectors. Legally, a franchise is the right an entity has to operate a store or sell products or services under the franchise agreement. In other words, a franchise is where a person has the right to offer specific products and services from a larger parent company.

Another definition of a business franchise is a business agreement where a trader allows another to use their business expertise. They are also allowed to use the goodwill of the business and share its intellectual property in return for fees and commissions or a flat rate.

The legal implications and documents of a franchise differ depending on its type. If you want to “buy into” a franchise, you will pay the usual start-up costs. You can 

In all cases, the franchise does not have to possess as many business skills and expertise as a first-time startup entrepreneur.

How It Works

The way in which a franchise works is straightforward. A person agrees to operate an established business in exchange for an upfront payment as well as any subsequent fees or royalties.

In a typical scenario, a particular company will offer a product or service and a business owner will agree to buy the rights of this company to operate as a business. The business owner uses the business name as well as offering the products and services to the public.

During the duration of ownership of the business rights, the person who bought the franchise will need to pay certain fees or royalties on an ongoing basis in exchange for the naming rights, training, and support.

In many franchises, the franchise will have the advantage of having ongoing training and support. This will allow them to get any help they need in terms of starting up the business and operating it.

At times, the franchise may need to attend regular meetings at the franchiser headquarters to get updates on new policies and requirements.

Should You Get Involved

A franchise is not for everyone. Having said that, there are circumstances when you would benefit from owning a franchise.

If you want to own your own business, selling a certain type of products or providing a certain type of service, you may benefit from franchise ownership. Buying a franchise will allow you to have a more credible, recognizable name, saving you from branding and marketing efforts of your own.  The reputable name of the franchise will help attract customers for the small business owner. Though it doesn’t mean you can let up on marketing and public relation efforts. Google reviews increase trust and reliability, but only positive ones. This means you still need to keep an eye on any negative reviews, even though you might own a franchise. People, regardless of where they are going, are going to trust reviews from verified strangers as they would for friends and family.

While many think of the restaurant industry with franchise businesses, franchising lends itself well to the service industry as well.  Instead of a carpet cleaning professional running an independent operation, they will be better off with a franchise. Other professionals such as accountants may also benefit from using a franchise, such as Liberty Tax Service, instead of operating their own firm. The reason is that professionals providing professional services have a skill or talent to focus on, and many would rather not think about learning entrepreneurship, business, and marketing.  For such individuals, a franchise will provide the training, materials, and support to meet their individual needs. However, keep in mind that sometimes success and franchise decision-making all depends on timing. See how the market is and how well your business is standing on your own before jumping in blind.

Starting a business can be a very exciting experience for anyone seeking financial independence. When looking to start up a business with limited experience, buying a franchise is helpful.  If you have questions on how franchising might affect your business, franchise contracts, or the intellectual property costs associated with some franchise contracts, please do reach out! We’d love to help clear things up for you.

5 Challenges Los Angeles Businesses Face

By Lisa 0

Every business faces many different social and financial challenges. But it is larger cities with millions of people, such as Los Angeles,  that pose the greatest challenges to businesses. Here are five common challenges with any business striving to make it in Los Angeles. 

1. Multiculturalism

Diversity and multiculturalism are considered to be positive assets in American culture. Los Angeles is one of the most ethnically and culturally diverse cities in the U.S. Even so, there are many problems are associated with multiculturalism.

Racism and discrimination are two of the biggest problems that affect businesses. There’s also the problem of language barriers between native English speakers and immigrants without strong English skills. A good number of companies solve this problem by hiring bilingual employees who can cater to both groups. 

2. Overcrowding

Los Angeles is notorious for its large amounts of traffic. With millions of people traveling on the road, it’s easy for an accident to occur and cause major delays. Technology may have many advantages, but it’s actually leading to an increase in auto accidents since drivers tend to be distracted by their phones and other devices. For businesses, problems may arise when a city is overcrowded with residents and tourists.

Having a large population is beneficial to businesses because there are many potential customers. On the other hand, more customers mean more competitors, requiring entrepreneurs to outsmart each other in order to remain in business. 

3. Pollution

Pollution seems like the least of any busy professional’s worries, but it could be a bigger problem in the future. Los Angeles city’s smog seems harmless in the air, but it can combine with moisture to pollute the ground. The government may require businesses to invest more in green energy or eco-friendly products. Think of the new plastic straw ban and the plastic bag ban. These bans were instituted because low-value plastics often end up in landfills or in the environment rather than being recycled.

4. Crime

Crime is a well-known side of Los Angeles that will never disappear. Every week, there are new thefts or assaults that occur on the streets and inside people’s homes. L.A. business owners have to deal with thefts, burglaries and armed robberies, and if they cannot, they must close down. Small businesses cannot simply rely on locks on the doors, but need to have high-security systems installed in order to protect their assets, employees, and customers.

5. Earthquakes

In California, earthquakes are common occurrences. Californians learn to deal with earthquakes and its aftermaths. Earthquake insurance is made for businesses that need to cover property damages. In addition, workers’ compensation insurance covers employee injuries, and auto insurance covers the damages to company vehicles.

Doing business anywhere is a challenge. In L.A., there are more people and more competitors around. Overall, it’s important for business owners to know the types of challenges that your business has before finding the solutions. In that respect, Lum Law is on your side. We are practiced attorneys with specializations in business law; if a challenge ever arises that you’re not sure you can face alone, turn to Lum Law Group!

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5 Things Startups Need to Know About OSHA

By Lisa 0

Every business should be concerned about employee safety, whether you are part of a large organization or a fairly small one, including startups. And even offices have occupational hazards, so don’t be lulled into thinking that only jobs involving physical labor need to be aware of OSHA regulations. If you’re part of a business, then you need to know and be able to implement workplace safety. To help you better understand OSHA, here are five things that businesses should know.

1. What is OSHA?

OSHA stands for Occupational Safety and Health Administration, and is under the United States Department of Labor. The OSH Act was created to ensure the safety of employees while they are at work. OSHA is a government agency that regulates workplace safety practices, ensuring that all employees have a safe place to work.

2. What and Who is Covered Under OSHA?

According to the OSH Act, employers are required to provide a safe work environment that is free of known hazards. This covers all potential hazards such as dangers from chemicals, trips and falls, workplace violence, and almost all other potential workplace hazards. One of the few exceptions to this is any hazards that involve food with workplaces that sell it. Private sector businesses are required to be in compliance with OSHA regulations, but self-employed individuals who do not have employees are not. It is critical that if you are thinking about starting a business or have already started a business that you comply by the OSHA rules and regulations.

3. What Services Does OSHA Offer?

OSHA offers training, education, and outreach programs for businesses. These services are designed to equip businesses and their employees with necessary knowledge in order to work safely. Among these opportunities are classes and grants to help non-profit organizations become more knowledgeable about workplace hazards and how they can be avoided and minimized.

4. How Are OSHA Regulations Enforced?

One of the ways that OSHA regulations are enforced is through inspections. These are conducted without advance notice, and businesses with higher incident rates or worker complaints are more likely to be inspected. Businesses that have had catastrophes and fatalities are most likely to undergo OSHA inspections.

5. Do Injuries and Illnesses Need to be Reported?

As of January 2017, organizations are required to report injuries and illnesses electronically. Many of these injuries and illnesses are ones that were already required to be recorded on-site.

 

Employee safety is a concern for all businesses, both large and small, including startups. Those who are seeking further clarification can visit the OSHA website, which explains the mission and recent changes more thoroughly.

 

Resources:

About | OSHA.gov

How OSHA Rules Apply to Startups | NBC Chicago

Personal Injury Case Law | Craigswapp.com

Why Is OSHA Important in a Company? | Chron.com

 

5 Game-Changing Business Tips For Entrepreneurial Immigrants | Lum Law Group

 

How To Spot A Pyramid Scheme From An MLM

By Lisa 0

Numerous opportunities are available for entrepreneurial individuals who are interested in making some extra money. Unfortunately, it can be all too easy to fall into too-good-to-be-true traps that could actually end up costing you money, or even your freedom (if they’re illegal).  Understanding the differences between a pyramid scheme and multi-level-marketing (MLM) can help you make informed decisions while avoiding the dangers of illegal money-making schemes.

Pyramid Schemes vs. Multi-level Marketing

One of the first things to understand about the differences between pyramid schemes and multi-level marketing is that pyramid schemes typically require individuals to purchase massive amounts of inventory to become involved in the business opportunity. Individuals entering this type of business may also be encouraged to purchase other items or services they do not need or want to stay involved with the company. Additionally, your income is usually not based on your sales of products but rather the number of people you recruit.

Take the time to conduct some research before you consider joining any new business venture. Due to the illegal nature of pyramid schemes, these types of businesses usually close down after they’ve turned a profit. Therefore, the companies aren’t usually in business for very long. By researching when the company was founded, and the history of the company, you can better decide whether the company is offering a genuine opportunity or not.

Compensation

It’s also important to investigate the structure of the company. Multi-level marketing companies can sometimes appear similar in structure to pyramid schemes; however, the key difference between the two is often in the compensation. While pyramid schemes are often based on contributions of incoming members, MLMs earn profits from their sales. It’s not uncommon for a pyramid scheme to only give a broad overview of the amount of money you would make at the lowest level. Instead, they tend to focus on what you can make at the higher levels. If you are suspicious, do not hesitate to ask for more concrete details regarding the average earnings of entry-level members.

Refunds

You should also get details regarding the company’s refund policy. Pyramid schemes usually do not have verifiable refund policies. In fact, you will usually find a no returns policy in the fine print of the contract.

Whether you are in the market to make some extra money on the side or you are looking for a legitimate work-at-home business, it’s important to ask important questions to ensure you do not become involved in a scam. If you think you may be the target of a pyramid scheme or some other type of illegal business practices, contact our attorneys today.

 

Sources

Investopedia

ASEA Scam

Better Business Bureau

5 Game-Changing Business Tips for Entrepreneurial Immigrants

By Lisa 0

In the U.S., you have already seen plenty of active businesses everywhere. What you may not notice is that many companies fail and are replaced on a regular basis. Entrepreneurial immigrants frequently do very, very well in business-friendly locations, but they aren’t immune to harsh market forces either. Here are five essential tips for immigrants who want to start a business in a new country.

Learn the Customs

Personal hobbies and interests are different in every country. Some countries promote spending time with family, while others support more self-centered independence. Learn more about Americans to create products and services that they will need and want.

Learn the Laws

American business owners have many rules to follow if they want to remain in business. They need to obtain and renew licenses, follow safety regulations from the OSHA or FDA, and pay their taxes every year. If you’ve worked in another country, you may find hundreds of additional rules to learn and follow.

Other rules pertain to the specific type of industry. Construction workers are required to wear protective clothing, while medical professionals need certain immunizations. For every rule, also learn about the penalties, such as fines or imprisonment, for not complying.

Improve Communications

Communication is the most important field to study in business. You cannot find customers if you cannot communicate with them effectively through advertising. Furthermore, as Franchise Gator advises, you will be unable to understand the important business paperwork that you will need to read and file.The first step is to read, write, and speak better English.

There are classes for people learning English as a second language along with online learning software. Wordcounter.io includes free grammar tools that will help your written communications sound like native English. Correct all spelling and grammar errors before you advertise to customers.

Focus on Marketing

Getting in contact with customers is one of your most important tasks as a business owner. Work with American marketing professionals from the beginning. They already understand the culture, and can offer advice on everything from creating websites to building SEO content.

Get Help

There are several small business loans available specifically for entrepreneurial immigrants through the US Small Business Administration — which might be one of the reasons why 48% of overall growth of US business ownership between 2000 to 2013 was attributed to immigrant business owners, and the number of self-employed immigrants more than doubled between 1994 and 2015.

If you find yourself having difficulty securing a loan due to low collateral or other challenges, signing a “comfort agreement” may be helpful. This is an additional contract between the borrower and the lender that provides the lender with wiggle-room or recourse in the case you default on your loan.

 

You may have the money and resources, but if you don’t have basic knowledge about doing business in America, you won’t succeed. Come up with a plan on how you will gain this knowledge. Then, learn the tips that are proven to help countless entrepreneurial immigrants.

 

How to Improve Focus and Superpower Your Startup

By Lisa 0

If you have a startup, then you know how much work it takes to make it successful. With so much competition today, you need to have strong strategies at work to win and compete. Focus is key in this adventure to grow your company. Here are some tips to stay on top of your game:

 

Marketing

No startup can succeed without focus in the marketing department. The best way to get this is to set specific goals as to what you are looking to achieve. If you have the best marketing in the world but no solid game to capitalize off of it, you could be in for a world of hurt. Make sure that you are bringing your team in regularly to review your goals and that your marketing is accomplishing what you need it to.

 

Hiring

Let's shake on business

If you want to have focus and superpower status in your business, your talent is going to be very important. Without the right team to bring your goals to the forefront, you risk not having the competitive edge your deserve.

 

Schedules

If you have no schedule, it is easy to let focus get away from you and not have the results that your startup needs. If you don’t have specific meeting times, creative time, and rest time, then you might spin out of control.

 

Smart Drugs

Just a few years ago, it might have been uncommon to hear about CEOs and others taking smart drugs to improve their performance. However, these drugs are not illegal. These are focus and power drugs that give business people an extra edge. For instance, according to Mind Lab Pro, nootropics change the brain in a way that lets you access more neurons and thinking power. This can range from intense prescription medications like Adderall to simple caffeine supplements, to vitamins. Not every one of these substances is right for everyone, but many of them can aid your creative problem solving.

 

Standards

Improve your startup by having a standard that must always be met. When people know what they must meet to stay a part of the team, it will help improve their focus all around. Don’t just write it down, but review it daily to ensure you’re getting the most out of every member of the team.

 

Iteration

There is always room to improve. Constantly iterate and check your results. One tweak could mean the difference between profit and loss.

In the world of startups, the ones that move with the most focus and speed win. Don’t risk falling behind. Use the tips above and watch your results grow day by day.

Are There Restrictions on Who I Can Hire?

By Lisa 0

When you want your business to succeed, you need to start by looking at the people that you employ. These people are the ones who will help you make or break your business, so you want to find the best people possible. When hiring new employees, it can be difficult to make sure that you have the very best candidates possible, but you also need to make sure you stay within legal requirements. So what are those legal requirements and does the government care who you hire?

Discrimination Law Requirements

You want to make the best decision when hiring an employee to work at your company, but the decision-making progress is not just about the “best hire.” You also need to consider federal law requirements when hiring employees. Under the law, no employer can discriminate against a person during the hiring and application process. Specifically, federal law forbids discrimination or retaliation against a potential employee with regard to race, color, religion, sex, national origin, age, disability, or genetic information.

I-9 Compliance

You also need to make sure that you are I-9 compliant, or that all of your employees are authorized to work in the United States. Each employer must ensure that Form I-9 is completed for all employees whether the person is a U.S. citizen or a foreign national. I-9 compliance does not keep you from hiring foreign nationals, but it does make sure that you won’t get in trouble with the government for hiring someone who can’t legally work here.

Prohibited Policies and Practices

The discrimination laws enforced by the federal government apply to various aspects of employment practices. The practices include job advertisements, recruitment, and application and hiring. Any job advertisements you post internally and externally cannot discourage people of certain ages or other discriminatory factors from applying for a job. These same practices also apply to people, who are trying to be hired by a business through recruitment (such as a college fair) or using a job interview by the potential employer.

Conclusion

While it may make the hiring process a little more difficult, you need to take all precautions when hiring an employee and not resort to discriminatory practices. You may not mean to discriminate, but if someone can make a case against you, it doesn’t end well for you. Court litigation, heavy fines, and poor publicity are just some penalties that you may suffer. To avoid this, make sure you fill out the required documentation promptly and eliminate any targeted language. It may take some effort, but it is worth it.

References:

Discrimination by Type

Types of Workplace Discrimination

I-9 Verification and Compliance

Legal Rights During the Hiring Process

Avoid Discrimination in Hiring