Business

What is an operating agreement and do I need one?

An operating agreement is an internal document that outlines how a limited liability company will be run. Basically, it includes everything the founders want to document about how to run their business.  Operating agreements can include all kinds of provisions, including specifics about when and how distributions are declared, who will serve as the managers, …

What is an operating agreement and do I need one? Read More »

Should I form a corporation or an LLC?

One of the biggest questions we get involves whether an entrepreneur should form a limited liability company (LLC) or a corporation when starting their business. We have previously written about different types of entities and provided an overview of several types of entities, including corporations and LLCs. This post focuses exclusively on the differences between …

Should I form a corporation or an LLC? Read More »

Why is my Delaware tax bill so high?

It’s that time of year when Delaware corporations start receiving franchise tax notices for annual taxes due by March 1st. Business owners may be shocked to see the total amount due for their corporation but they shouldn’t panic; they could owe significantly less than they think. Delaware has two methods for calculating annual franchise taxes: …

Why is my Delaware tax bill so high? Read More »

Legislative Update: AB 2257 is now California law – now what?

Eight months after the enactment of AB 5, California’s Employee Classification law, employers are once again having to re-evaluate the status of their California employees. Earlier this month, California’s Governor signed AB 2257 into law, which carves out additional exceptions for industry freelancers.  Background on AB 5 & AB 2257  AB 5, or the “gig …

Legislative Update: AB 2257 is now California law – now what? Read More »

What California Employers Need to Know about Newly Classified Employees, Part 2

This post and the previous post outline the employers’ responsibilities to new employees under California state law as this year, California employers are finding themselves having to treat former independent contractors as employees. This not only applies to employers physically operating in California but also any employer who has workers located in the state. (1) Provide …

What California Employers Need to Know about Newly Classified Employees, Part 2 Read More »

What California Employers Need to Know about Newly Classified Employees

In the aftermath of the 2018 Dynamex decision and its subsequent codification in AB5 (the “gig workers bill”), California employers are finding themselves having to treat former independent contractors as employees under California state law. This not only applies to employers physically operating in California but also any employer who has workers located in the …

What California Employers Need to Know about Newly Classified Employees Read More »

The ABCs of AB5

Earlier this month, a California judge ordered Lyft and Uber to reclassify their workers while the litigation over the companies’ compliance with Assembly Bill No. 5 (AB5), A.K.A. “the gig workers bill,” continues. The order comes after more than a year of Lyft and Uber refusing to classify their drivers as employees under the new …

The ABCs of AB5 Read More »