Key Considerations for Noncompete Agreements

Rincker LawBusiness/Commercial Law Leave a Comment

Companies grow by investing time and money in various resources, including their employees. Yet business owners are often anxious about losing their investment, i.e., the time they spend training new hires and the confidential information they share with their new employees. Once confidential information is shared, there is a risk that an employee will leak the company’s trade secrets to …

Share this Article

What You Need to Know about Buy-Sell Agreements

Rincker LawBusiness/Commercial Law 1 Comment

If you are a business owner, you probably worry about your bottom line, employee retention, and health insurance premiums, but have you also considered what will happen to your business if you are in an accident? What if your business partner gets divorced and your partner’s ex-spouse is awarded part ownership of the business and wants to make decisions affecting …

Share this Article

What You Need to Know about Hiring Your First Contractor

Rincker LawBusiness/Commercial Law Leave a Comment

Hiring workers is an important step for a business. A business owner is faced with a chicken-and-egg dilemma: Is it better to hire employees anticipating that the business will grow, or wait until the business has grown and then hire employees? When a business is starting out, a full-time employee may not be needed. Business owners may instead consider hiring …

Share this Article

What Happens When LLC Members Disagree?

Rincker LawBusiness/Commercial Law 3 Comments

Every business should have a proper legal structure and bylaws or an operating agreement that sets forth the rights and responsibilities of its owners or members. While the partnership or corporation structure is better suited to some businesses, limited liability companies (LLCs) have become one of the most popular business structures over the past few decades. The LLC structure provides …

Share this Article

Understanding Payroll as an Employer

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

Congratulations! Your business has grown and you are ready to hire your first employee. Where do you begin? What will the employee’s schedule be and how much will the employee get paid? Will your new hire be an employee or an independent contractor—and what is the difference? Did the employee sign an employment agreement? Before your new hire begins, there …

Share this Article

Ask Cari: Limited Liability Companies and Form 1099 Reporting

Rincker LawBusiness/Commercial Law Leave a Comment

Business owners typically dislike dealing with the tax reporting, filing, and payment requirements associated with running a business. It can be tedious and require attention to numerous details. For businesses that have made payments to vendors and independent contractors, the type of tax reporting required and the form it should take are often overlooked and confusing. Specifically, it requires understanding  …

Share this Article

What You Need to Know about Severance Packages

Rincker LawBusiness/Commercial Law, Employment and Labor Law Leave a Comment

Business owners agree that people are the lifeline of a company. The people you hire can make or break your business. Yet as an employer, it is essential to recognize that things change. There are instances when you may have to terminate an employee. Developing a severance package is one effective strategy for dealing with exiting employees. A severance package …

Share this Article

Five Considerations Before You Use a Payment Demand Letter

Rincker LawBusiness/Commercial Law Leave a Comment

As a business owner, it is almost guaranteed that you will encounter some variation of the following scenario: You engaged a client and completed fantastic work. The products the client desired were delivered on time with practically no issues. To request the money the client agreed to pay you, you send an invoice or a bill. Unfortunately, your invoice is …

Share this Article

Why You Need an Employer Identification Number

Rincker LawBusiness/Commercial Law Leave a Comment

There are many essential tasks to complete if you are thinking of forming a new business. An important but often overlooked step is obtaining an Employer Identification Number (EIN). An EIN is a nine-digit federal tax identification number obtained from the Internal Revenue Service (IRS). It uniquely identifies a business entity and serves many purposes for a new company. The …

Share this Article

Considerations for Forming a Limited Liability Company for Real Estate

Rincker LawBusiness/Commercial Law, Food & Ag Law, Property Law, Real Estate Transactions Leave a Comment

For individuals who own real estate, it is important to consider the best way to structure your ownership. When you are just starting out as an investor in real estate, you may hold title to the real estate personally, but that may not be the most advantageous method of ownership. Another option is to create a limited liability company (LLC) …

Share this Article

Risky Business: Piercing the Veil and How It Puts Your Business at Risk

Rincker LawBusiness/Commercial Law Leave a Comment

When you create a limited liability company (LLC) or a corporation, the concept of limited liability is one of the key rationales for those entity choices. Limited liability is typically available when you create distinct legal entities that separate your personal assets from your business assets, thereby limiting exposure to liability on both fronts. Even though this is a foundational …

Share this Article

Staying on Track: What Every Employer Should Know About Tracking a Remote Employee’s Time

Rincker LawEmployment and Labor Law 1 Comment

The COVID-19 pandemic has ushered in a wave of new teleworkers. This shift in the way employers conduct business brings new challenges as they seek to comply with the Fair Labor Standards Act (FLSA) requirement of paying employees for all hours worked. In response, the Department of Labor released Field Assistance Bulletin No. 2020-5[1] (FAB 2020-5) to provide additional guidance …

Share this Article