Five Essentials for Your New or Existing Business

Small business owners must effectively manage the legal aspects of running a business. Startup operations consult with legal professionals to ensure successful completion of corporate filings and other regulations. Established organizations are often faced with legal matters that require knowledge of small claims or arbitration. Whether a company is just starting out or has been in business for years, basic legal guidance is a necessity in today’s small business community.

Your Business Structure
The Small Business Administration recommends that business owners choose an ownership structure to operate their business. Ownership structures legally establish a company as an official business. Common structures, such as partnerships, limited liability companies and corporations, provide business owners with legal protection. An appropriate business structure not only offers certain tax benefits, but it also provides business owner’s personal protection against lawsuits or liability claims from clients or other parties.

Law Suits - Legitimate or Frivolous
Consumers file lawsuits against small businesses everyday. Some lawsuits are legitimate while others are frivolous claims against business owners in an attempt to collect monetary damages. According to the American Bar Association, in an attempt to limit and/or prevent frivolous lawsuits, Congress proposed the Lawsuit Abuse Reduction Act. The act is designed to discourage claims that have little or no legal merit. Small business owners can protect themselves against potentially devastating lawsuits with a thorough understanding of the different legal aspects of their industry and strategies in place to mitigate potential liabilities before they become a concern.

Complying with Labor Laws
Small business owners must proactively comply with labor laws and fair employment practices if they have employees. The U.S. Department of Labor established the Fair Labor Standards Act to protect employees from unjust wage and work hour practices of employers. Small businesses should become familiar with applicable employment laws to avoid penalties and possible lawsuits filed by employees. The Department of Labor provides compliance tools business owners can take advantage of to ensure they are in compliance with laws that affect organizational operations.

Make Sure Your Business is Protected
Many small business professionals are required to invest in liability insurance to protect them in the event they cause harm or injury to a client or customer. Medical professionals must maintain malpractice insurance in case their negligence harms a patient. Other professionals, such as insurance agents, must carry valid “errors and omissions” insurance to protect against claims from their clients. A variety of insurance exists to protect different aspects of a business. Insurance protection is a necessity for building structures, employees and customers that visit a business establishment in person.

Considerations
Small businesses are subject to several regulations on a local and federal level. In addition, small business owners are obligated to consider how their business practices affect customers, employees and others within their community. It is necessary for business owners to consult with legal counsel or at least become familiar with the legal issues that can have a profound effect on the success of company operations.