Is It Time For Your Home Business To Move Out?

Is It Time For Your Home Business To Move Out?

Is It Time For Your Home Business To Move Out?

The rapid pace of Colorado’s economic environment is both alluring and daunting for small business owners. Consistently ranked at the top for everything from best city to live in (Denver) to technology and business, Colorado is not only attracting people, but it is also bringing in major retailers from around the globe. According to the U.S. Census Bureau, Colorado’s population grew by nearly 200,000 between 2014 and 2016, reaching more than 5.5 million. This boom has created a robust business climate and economic opportunities for entrepreneurs of all shapes and sizes. There are nearly 600,000 small business owners in Colorado despite rising real estate and cost of living rates. While you may have started as a home business because of these rising costs, there may come a time when you must expand beyond the home. This post will cover five reasons to move your business into a retail or office space. A small business attorney can help you make the right decisions for the future of your home business whether you stay where you are or move.

Moving your small business outside of the home is a major decision with a host of added expenses. Rent, agreements, utilities, cleaning and maintenance fees, movers, equipment, furniture, gas, taxes, and permits are just some of the overhead costs and regulations that will differ from your home operations. However, there are many benefits. Entrepreneur magazine discusses some of the arguments for giving up your commute to the spare bedroom.

1. A Growing Business Requires More Space

If your business is thriving, you have no doubt experienced some growing pains. Depending on the nature of your product or service, more customers can lead to storage and space issues. This is further complicated if you need additional staff. Unless you are willing and able to renovate your home to accommodate your expanding needs, you will likely have to rent outside space. In some cases, zoning laws prohibit you from having more than one employee in your home business.

2. Rented Space is Perceived as More Professional by Some

Clients may already come to your home office, which can be a bit of a juggling act when you are trying to portray a professional image. There may be a much broader audience you are not reaching – an audience who is deterred by or skeptical of the home setting. For those potential clients, a larger commercial space instills consumer confidence. The increased revenue from this larger client-base should eventually exceed the costs associated with renting outside space.

3. You May Not Want Non-Family Employees in Your Home

Having staff members in your home, especially if you have a large family or young children, may not be ideal. Unless they work virtually, it can even be difficult to hire the type of employee you are looking for. While a casual, flexible atmosphere is enticing to some, others have a bias associated with home business settings.

4. Your Home Has Too Many Distractions

It can be difficult to stay on task. The perks of making your own hours and dress code can also lead to an informal attitude and procrastination. It might take leaving the home to instill a more focused, productive work ethic, especially with piles of laundry or dishes taunting you in the other room. The demands or interruptions from family members will also lessen without your constant physical presence to which they have become accustomed. Moving into a retail or office space could restore your work-life balance.

5. Working Outside of the Home is Stimulating

Humans are social creatures, and working from home can be lonely. Without the stimulation of colleagues or peers, creativity and progress can be stunted. Even if you cannot afford a larger commercial space, co-working spaces provide lower cost options. If you find yourself easily distracted by isolation, overcompensating by doing housework, running errands, or visiting with neighbors, it is time to move out.

In a community of small business owners, networking and support abound for your growing home business. Everyone, including your competitors, want to see you succeed and stay in Colorado. Financing and grant opportunities are available through the U.S. Small Business Administration District Offices, and there are dozens of development centers for small businesses throughout the state. If the future of your business rests on expansion, but you are still not ready to relocate, there are ways to make it work. You are, after all, your own boss and landlord! If you need to hire employees, perhaps you can hire other free agents or ask that they work remotely. Storage facilities may offer a solution to your overrun piles and stacks. Business centers are temporary offices that provide space and amenities, like meeting space, office equipment, and receptionists. A small business attorney will help you decide whether it is best to stay or go and adapt to your changing needs.

If you need help deciding what to do with your home business, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

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Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

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Millennials, E-Commerce, and Denver Real Estate

Millennials, E-Commerce, and Denver Real Estate

Millennials, E-Commerce, and Denver Real Estate

Headlines and ratings have Colorado at the top. Denver has been consistently ranked as one of the best cities to live in by U.S. News and World Report. Denver was also first in 2015 and 2016 for best places for business according to Forbes. These accolades are in addition to the state’s impressive roster of colleges and universities, not to mention its luscious landscape and booming retail scene. This all translates into a desirable place to live, which affects your business decisions. A small business attorney will help you with all of your commercial real estate needs from setup to leasing or buying to protecting your assets.

The Millennials Are Coming To Colorado

Colorado has steadily become a migration destination in recent years, and according to a Denver Post article, there is an influx of millennials. Like many groups, millennials like to live in areas where there are other millennials, and this group uses social media to share their day to day experiences. This, in turn, contributes to a momentum of migration, which has a major impact on the real estate market. A Biz Journals article reports that Denver’s retail real estate market is expected to be the “world’s hottest” over the next few years, second only to San Francisco, and that the retail market will outperform all other global retail markets. With all of the positive reports and growth comes competition for space and rising rental rates. If you are renting commercial space for your small business, you may not be able to afford hikes in rent. As a landlord, tenants may be harder to keep or come by. Because the millennials are coming to Colorado in droves, there is a tight real estate market. A tight real estate market means there is more at stake, leading to more potential legal disputes. Careful review of your lease is critical in these times, and a small business attorney can help you with all of your contracts and agreements.

E-Commerce Is Everywhere, Even If Your Business Is Only In Denver

Defined as a transaction of buying or selling online, e-commerce has expanded rapidly over the years and is accelerating. Boundaries between electronic and conventional commerce have become blurred as more and more businesses move at least portions of their operations onto the internet. All businesses employ some form of electronic applications whether through email, online catalogs, e-newsletters, digital coupons, social media marketing, or countless other transactions. Amazon, an e-commerce revolutionary, just opened its first fulfillment center in Aurora, Colorado and is reportedly looking for a downtown Denver office location. While a 452,000 square foot industrial location is not exactly small retail real estate, having big e-commerce and tech companies opening offices in Denver affects all sectors of commercial real estate, employment, and retail. So whether you have a brick and mortar storefront or work from home, a small business attorney can advise you about operating in an increasingly virtual market in conjunction with an increasingly competitive real estate scene.

Owning Or Leasing Retail Space In Colorado

You know Denver is the place for your small retail business. You confidently cater to tech savvy and discerning tastes. You have a solid online presence. So, what do you do if your retail space no longer meets your business needs? What if you cannot afford increasing rent costs? It may be time to find another option or location. If you are unsure of the future of your business and its size, you may be better off continuing to lease or sublease. However, if you want to stay in a particular district or neighborhood and have no plans to expand, then you may want to buy rather than rent. A small business attorney will help you decide whether to rent or buy and guide you through locations and spaces as well as the accompanying leases and contracts. If you need help with your e-commerce and Denver real estate options, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

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4 Important Things To Do Before Opening a Retail Store

4 Important Things To Do Before Opening a Retail Store

Dreaming of opening your very own boutique, an artisans shop, or even a small franchise? There are a multitude of important considerations before you jump into the vibrant mix of Denver retailers. And, just when you think you have done your due diligence, you may encounter unforeseen obstacles. Whether it is an issue with a contract or agreement, choosing the right business entity, dealing with wholesalers, managing staff, or marketing your product, a small business attorney will help keep you on track. This post will cover four major parts to starting your own small retail business.

  • Product
  • Plan
  • Location
  • Finances

Product

You likely already know what you want to sell before you explore many other important factors. A working knowledge and passion for your intended product are great, but they do not guarantee success. Conducting research in order to gauge the demand for your product and keeping current on sales trends are essential to your potential for profit. The U.S. Census Bureau publishes retail trade reports every five years. These can help you measure the demand for your products.

Also, establishing relationships with product suppliers or wholesalers requires agreements and contracts, which a small business attorney will help you navigate.

Plan

Your product determined, it is time to create a comprehensive business plan. This will include a detailed description of your inventory, target customers, how to meet the needs of target customers, competition, and advantages you have over the competition. You will need to provide details about the organizational structure of your store and design a marketing strategy. Deciding on a business structure (i.e. sole proprietorship, partnership, corporation, limited liability company, etc.) will determine which tax forms you are required to file. An attorney provides tax advice and representation in the event of any audits, penalties, or other tax issues, so you should establish a relationship with a Colorado small business attorney before you file any forms with Colorado or the federal government.

Even with the best laid plans, one bad customer experience shared via social media can close your newly opened doors. A good small business attorney will work with you to develop a solid online marketing strategy as well.

Location

As with your product and plan, you will need to research potential locations for your business. Whether it is best suited for Denver’s creative Art District on Sante Fe, eclectic Union Station, or historic Larimer Square, you will want to select a property that meets your needs and budget. Your research may entail searching public records to see how a location was previously used, analyzing the foot traffic and demographics of the neighborhood, and finding a location that is visible to your customers and consistent with the image you want to project. Your attorney will assist in every aspect of your business formation from finding the ideal location, entering into lease agreements, hiring employees, drafting company documents, and filing the required state and federal paperwork.

Finances

Determining all of the expenses your business may incur when starting out will help you to spend more wisely and begin earning sooner. Plan for rent and operation expenses, such as security deposit, utilities, and staffing. Figure out if you will need to make property improvements and customizations, which are associated with a multitude of costs, including construction, furniture, fixtures, equipment, and office supplies. There are also expenses related to technology and communications (computers, phones, internet, point of sale (POS) terminals, card readers, scanners and printers), inventory, and marketing/advertising. Other required fees come with licenses, permits, taxes, and registration. Beyond borrowing money or obtaining a commercial loan, there are numerous options for small business loans. The Small Business Administration (SBA) offers several of these loan programs for entrepreneurs. Regardless of the type of financing, a small business attorney will review the written agreements and interpret the terms in order to avoid misunderstandings or defaults.

If you are starting a retail store and need an attorney, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Attorney. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Classifying Your Workers and Why it is Crucial to Your Small Business

Classifying Your Workers and Why it is Crucial to Your Small Business

This week, we are going to dive into some details on classifying your workers and why it is crucial to your small business. Why? Because it is important for all Colorado small business owners to understand when they can call someone a contractor, and when that person is really an employee. Without this understanding, it is fairly easy to wind up on the wrong side of the law. First, let’s define what we mean by Worker Classification and explain why it is important to all employers, not just small business owners.
Classifying your workers correctly means understanding if they are independent contractors or employees so that you can avoid breaking the law with regard to federal and state employment tax. It also means you can determine if you are following the Fair Labor Standards Act (FSLA) with regard to the individual worker.

Determine If Individuals Providing Services For Your Small Business are Employees or Independent Contractors

If individuals providing services for your small business are employees, you pay taxes on their earnings. If the same individuals are independent contractors, in most cases, you don’t. You may also have other obligations to employees that would not apply if the worker were an independent contractor. The temptation to call some one a contractor when he or she is really an employee is strong, but it is not worth it under any circumstance. Let’s take a look at the rules, so you can feel confident about when someone can legally be classified as an independent contractor. For the sake of brevity, we are going to focus on how the IRS defines an independent contractor vs. a common law employee. There are different classifications of employee, and you should consider speaking with a business attorney if you think you may have workers who fall under these other categories (ex: statutory nonemployee).

Classifying a Worker as an Independent Contractor

The IRS provides the following insight:
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.
They recommend the following test to determine if someone is a common law employee, but maintain there is “no magic formula” for knowing if someone is an employee or independent contractor:
  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
If you have tried to apply these test questions to your specific situation and are still not sure how to classify a worker, the IRS has a form you can submit and they will review on your behalf. Once they set the worker’s status, it becomes official, so you may want to ask a business attorney to review the form on your behalf before your submit it, if your goal is to establish that a worker is a contractor and not an employee.

What About the the Fair Labor Standards Act?

Most small business owners are at least aware that there are important differences between contractors and employees when it comes to paying State and Federal employment taxes, but many do not realize the classification of an employee also impacts the employer’s legal obligations under the Fair Labor Standards Act. First, a quick reminder of what the Fair Labor Standards Act is. Wikipedia gives a good explanation and some history:
The FLSA introduced the forty-hour work week, established a national minimum wage, guaranteed “time-and-a-half” for overtime in certain jobs, and prohibited most employment of minors in “oppressive child labor.”
If you have individuals who are performing work for you, you need to know if you owe them minimum wage, and time-and-a-half in compliance with the FLSA statute, or if you can claim an exemption. The easiest way to be exempt from the FLSA rules is to make sure the worker can be categorized as an independent contractor. That doesn’t mean calling someone an independent contractor when he or she isn’t. The IRS is not playing games when it comes to miss-classification:
If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you may be held liable for employment taxes for that worker.
If you think you may have mistakenly been paying someone as an independent contractor, you can qualify for forgiveness under a Relief Provision, but you have to do so before the IRS calls you out. If you think you may have made a mistake in this regard, talk to an attorney sooner than later. The expense of being caught is much greater than the expense of getting an attorney to help you now. If you need help classifying your workers or understanding why it is crucial to your small business to know if a worker is an employee or an independent contractor, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

7 New Business Essentials in Colorado Employment Law

7 New Business Essentials in Colorado Employment Law

7 New Business Essentials in Colorado Employment Law

Before you hire your very first employee, or think about expanding your newly growing empire, follow this checklist to ensure you are in compliance with the laws and regulations of the Colorado Department of Labor and Employment. A business attorney can add peace of mind and support during the start-up, expansion, and life of your business. This post includes seven essential items on your new business checklist.

  • Register for an unemployment account
  • Report new hires
  • Verify workers’ compensation coverage
  • Submit employment verification
  • Verify wage and hour law compliance
  • Ensure proper worker classification
  • Display workplace posters

Register For an Unemployment Account

As a business owner, you are required to register for an unemployment account with the Colorado Department of Revenue and/or Colorado Department of Labor and Employment. You will need to obtain an unemployment account number through the labor department and begin paying employer premiums through a quarterly premium- and wage-report process. This funds the payment of unemployment benefits, and random audits may be conducted to verify appropriate unemployment insurance. An attorney will represent and assist you through this process.

Report New Hires

You have 20 calendar days to report new hires with the State Directory of New Hires (SDNH). This includes newly hired employees, rehired employees, and contractors. An attorney will further breakdown all of the steps and provide critical advice on employment laws from drafting employment or contractor agreements to hiring minors and out-of-state employees.

Verify Workers’ Compensation Coverage

Colorado law requires that you have workers’ compensation insurance as soon as you hire your first employee. Your insurance policy is meant to protect you, your business, and your employees when injury or illness takes place due to workplace circumstances, so the state requires you to verify workers’ compensation coverage. The expense and effort of meeting employment verification and examination requirements is an ever-present challenge. An attorney will provide representation in the event of any workers’ compensation audits, citations, or other liability issues.

Verify Wage and Hour Law Compliance

You can avoid penalties, damage awards, and litigation by understanding wage and hour compliance under the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) among others. An attorney will help you verify wage and hour law compliance. Wading through the numerous laws and regulations associated with Colorado’s wage and hour laws, giving practical financial, tax, and benefits advice in order to best determine worker status, wages, minimum wage, overtime pay, record-keeping, and youth employment standards is more easily (and accurately) accomplished with the help of a Colorado small business attorney.

Ensure Accurate Classification

There are many issues to consider when classifying your worker as an employee versus an independent contractor under Colorado law. Whether or not the individual is free from control and direction in the performance of the service or is engaged in an independent trade/occupation/business related to the service are just two of the concepts used to determine the status of a worker. Accurate classification ensures that workers get the proper wages, benefits, and protections to which they are entitled.

Display Workplace Posters

It is mandatory that your business comply with state and federal regulations regarding certain rights and responsibilities, including minimum wage, child labor, worker’s compensation, equal employment opportunity, and unemployment insurance regulations and laws. Many agencies provide posters online for free. Be sure to display workplace posters with the required information in a clear, readable, and unobstructed way.

Whether it is reviewing a contract, hiring a new employee, or navigating state and federal compliance laws, I can guide your new business through the complexities of employment law. Please contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at: