by eclewis | Dec 1, 2010 | Business News
Throughout next spring, I am going to be teaching multiple classes on legal areas for small business owners. Please contact me if you are interested in more information or if you would like to attend. In addition, if you are looking for a speaker for your group or know a group who needs a speaker, please let me know!
Upcoming Classes:
Jan. 10 – Start up basics at JWU
Feb. 3 – Online marketing law at Brighton SBDC
Feb. 16 – Starting a business at Front Range SBDC
Feb. 28 – Start up basics at JWU
March 16 – Contract law basics at Front Range SBDC
March 17 – Online marketing law at Aurora Business Development Center
April 11 – Start up basics at JWU
April 20 – Topic TBD at the Small Business Conference/Expo
April 20 – Intellectual property law/Online marketing law at Front Range SBDC
April 25 – Topic TBD at the Mommy Meeting
May 18 – Employment law basics at Front Range SBDC
May 23 – Startup basics at JWU
Please check www.eclewis.com frequently as new classes and talks are added often! Again, if you have any questions or need help with your small business, contact me, your Denver Small Business Lawyer, at elizabeth.lewis@eclewis.com or at 720-258-6647!
by eclewis | Nov 15, 2010 | Business News
One of the memories I have of working at UPS was every Thanksgiving, a truck would be loaded with turkeys. Each employee would grab his or her holiday gift on the way out of the facility carrying the frozen box to the car. After almost 15 years, it is still one of the things that stands out to me.
Holiday gift giving to employees helps employees feel appreciated and helps lift the spirits as the days become longer and leaving work now occurs in the dark rather than with the gleaming sun to drive home in. It also helps employers show they appreciate the work that has been done throughout the past year.
However, as many who have received cash bonuses or expensive gifts know, the IRS requires that cash, gift cards, and expensive gifts be taxed. This can be a surprise for an employee if the taxes are taken out in a paycheck after the gift was given. It can also be an additional expense the a small business owner may not account for when giving the gift if the business owner is required to pay his or her share of employment taxes on the gift.
So how to get around paying taxes? I suggest buying small gifts that have more meaning. This is because “de minimus” gifts are not taxed by the IRS as the IRS understands the burden of taxing everyone for their $10.00 turkey would be an administration nightmare. For employers that feel their employees have earned more than a turkey or other de minimus gift, the gift of additional paid holidays such as Christmas Eve, the day after Christmas, New Year’s Eve, or the day after New Year’s may be a good suggestion. I have even heard of some companies that tell their employees they may take the full week between Christmas and New Year’s off – especially since for some companies, most of their employees are gone. For those companies that will miss their employees if they aren’t there (i.e. retail, restaurants, etc), additional vacation days that can be used after the holidays are over are nice too!
If you have any questions about giving holiday gifts, always double-check with your accountant or attorney! As always, you can call me, your small business attorney, at 720-258-6647 or email me at Elizabeth.lewis@eclewis.com.
by eclewis | Oct 17, 2010 | Business News
Today’s Legal Minute for Small Businesses: Many businesses wish to get qualified as a minority owned or woman owned business (M/WOB) to secure government financing, government contracts, or in some cases even private contracts. However, a question that is asked a lot is whether or not one can give the majority of ownership to someone (in most instances a spouse) to get M/WOB status. Unfortunately, like most areas of the law, is “It Depends”. Factors that may come into play are how much the person is actually going to do with the business, whether the person is going to have any control over the direction of the business, and whether the person will have any financial stake in the business among many other things. In addition to possibly being illegal, making someone an owner of the business just to secure M/WOB status may have unintended consequences that the non M/W owner didn’t even consider such as what happens when the person goes bankrupt, gets divorced, or decides that he or she wants to play a greater role in the company than the person originally imagined. To find out whether giving ownership to someone to qualify as a M/WOB is right, and legal, in your situation, talk to a business lawyer prior to doing so!
by eclewis | Oct 16, 2010 | Business News, IP Law, Misc. Legal Tidbits, Online/Social Media Law
Today’s Legal Minute for Small Businesses: The last thing a small business owner needs is to be defending a lawsuit in a state that the small business owner doesn’t live in. Unfortunately, that is exactly what can happen if the small business owner doesn’t have a contract with the people and companies he or she works with that lays out what courts have jurisdiction over any disputes. A well written contract will state both where any lawsuits must take place (i.e. both parties agree to Denver County District Court having jurisdiction) and what state’s laws will govern any disputes (i.e. both parties agree that the laws of the State of Colorado will govern any disputes between them). By having both a jurisdiction clause and a choice of law clause, a small business owner can help ensure that he or she won’t be defending a suit in another state. ***Although, please note, that a jurisdiction clause and choice of law clause may not protect you from defending a suit in another state in all cases. Please check with your attorney to determine if these clauses are helpful for your specific contract!***
by eclewis | Oct 15, 2010 | Business News, IP Law, Online/Social Media Law
Today’s Legal Minute for Small Businesses: Are you having software developed? Are you developing software for someone else? Have you considered who is going to own the software after it is created? A software development contract can ensure that all the parties know who owns the software that is created – and stop costly litigation fights over ownership in the future!
by eclewis | Oct 14, 2010 | Business News, IP Law
Today’s Legal Minute for Small Businesses: Several months ago, I met someone that wanted to know about copyrighting recipes. Recipes are one of the few creative things that cannot be copyrighted without “more”. In this case, the “more” is something more than a mere listing of ingredients. For example, to copyright a recipes, you must include a description, explanation, or an illustration with the recipe. However, fear not, because if the recipe is really good you can always keep it a trade secret. (Think the recipe for Coke!)
