How do federal laws on employment verification affect me?

Our chapter’s resident expert on employment issues, Yan Bennett, shares her thoughts on federal regulations on employer requirements in verifying the work eligibility of employees. Yan Bennett is an attorney and counsels small business owners on various state and federal requirements.

Recently, the federal government proposed changes to regulations governing verification of employee work authorization, or what Human Resources personnel know as Form I-9 Employment Eligibility Verification. These changes include amending the acceptable identity and employment authorization documents employees may present to their employers, disallowing employers to accept expired documents to verify employment authorization on the Form I-9, and proposing changes to the Form I-9 itself.

However, during the public comment period, which was to conclude on February 2, the federal government received comments from employers requesting an extension of the effective date of the rule to address procedural and substantive concerns the new rule raises. Commentators noted that without proper guidance, the new rule, as proposed, would present exceptional burdens and costs to employers in using the new form and instructions. The interim final rule and an informational copy of the revised Form I-9 are available for public comment at http://www.regulations.gov/ until April 3, 2009.

The imposition of this new interim rule may result in a cost of an aggregate $100 million to businesses in the first year that the new form is used. The government considers this initial cost to be a non-reoccurring in that most of the costs are associated with familiarizing Human Resources and personnel with the new requirements, and transitioning to the new forms. However, failure to comply with the employment eligibility verification requirements may result in the imposition of civil penalties of several hundred to several thousand dollars per employee. Thus, the total cost of the new rule and form may well be unknown. Thus, employers are highly encouraged to familiarize themselves with the new regulation before it becomes effective for a smooth transition.


Richard Strug
Greater Princeton Area SCORE (Chapter 631)
Serving Mercer and Middlesex Counties

Do I have what it takes to be an entrepreneur?

While almost never asked explicitly in SCORE counseling sessions, Bill Litchman, SCORE counselor, explains in his following article an underlying concern of each of our clients, “Do I have what it takes to be a successful entrepreneur or small business owner?” First, we need to understand the differences between the two. While there are many similarities, there are a few notable divergences.

True entrepreneurship entails substantial innovation providing the venture with a unique competitive edge leading, if successful, to significant wealth creation over a relatively short period of time and, therefore necessitating significant financial risk to both the entrepreneur and other investors. The entrepreneur is a leader with an enthusiastic vision and the ability to drive the enterprise intellectually and convince outside investors and potential employees of the value and uniqueness of the idea. The entrepreneur does not need to be “chief cook and bottle washer” of the enterprise but needs to recognize her/his weaknesses and compensate with outside talent.

The Small Business Owner also needs perseverance and drive; and every start-up necessitates financial risk and anticipates financial rewards. However, the small business owner is chief cook and bottle washer and needs to understand, with some degree of detail every aspect of her/his business including leadership, sales & marketing, how to read financial statements, potential legal ramifications and, as appropriate purchasing, inventory control, web site development and on and on. Usually, the small business owner is seeking to realize her/his dream with contained financial risks while earning a steady and growing income. The entrepreneur bets the farm, the small business start-up does not; but both need that all important business plan.

For both the entrepreneur and small business owner, the words of Frank Lloyd Wright apply: “I know the price of success: dedication, hard work and an unremitting devotion to the things you want to see happen.” And, both need to understand fully the concept behind the words of Arie de Geus: “Your ability to learn faster than your competition is your only competitive advantage.”


Richard Strug
Greater Princeton Area SCORE (Chapter 631)
Serving Mercer and Middlesex Counties

What are the most common pitfalls in a recession?

Entrepreneurs face challenges on many fronts, including lower consumer spending, rising unemployment and tightening credit. Inflation pressures have hit both businesses and customers. By acting quickly and decisively to protect their business today, local business owners can make it through the recession with a profitable business.

SCORE CEO Ken Yancey says, "Small businesses feel the credit crunch first. We have seen difficulty accessing capital and collecting payments from customers." Yancey adds, "Don't wait. Now is the time to meet with a SCORE mentor to make plans to tighten credit policies, cut expenses and look at holding cash in your accounts. Experienced SCORE mentors are here to help you plan actions to survive the recession and grow when the economy turns around."

SCORE offers tips for small business owners on Five Recession Pitfalls to Avoid:
1. Cutting expenses too slowly. Don't cut expenses a little bit at a time. Now is the time to look at expenses and decide whether your company needs to cut expenses five, 10 or up to 20 percent. Do what it takes early in the year and bring costs down.
2. Maintaining the same product and service mix. Your needs are changing. You can bet your clients needs have changed too. Call your existing clients and ask them what they need. Then, design your product service mix around those needs.
3. Reducing marketing instead of focusing on marketing. The company that stands tall, strong and visible in the marketplace has stature and status. Differentiate with strong marketing to drive leads and sales.
4. Lacking systems to free up your time. Streamline your business and become more efficient. Use a handheld organizer to keep track of phone numbers, dates, appointments and meetings. Set a time each week to handle routine tasks, bills and paperwork.
5. Keeping everything to yourself. Your team knows the economy is tough and wants to understand what the company is facing and how, together, you can make it through. Lead toward a brighter future by focusing your efforts on today.

Richard Strug

Wjhat structure is best for my business?

You may operate your business under one of many organizational structures generally chosen for liability and tax reasons. The most common organizational structures for “for profit” businesses are sole proprietorships, general and limited partnerships, “C” and “S” corporations, and limited liability companies.

Each structure offers unique tax and liability benefits appropriate for different personnel situations. If you’re uncertain where to start, contact SCORE for free counseling and your attorney and accountant for assistance. Here's an overview get you started:
Sole Proprietorship – One person operating a business as an individual is a sole proprietorship. It is the most common form of business organization. Profits are taxed as income to the owner personally. The personal tax rate is usually lower than the corporate tax rates. The owner has complete control of the business, but faces unlimited liability for its debts. There is very little government regulation or reporting.
General Partnership – A partnership exists when two or more persons join together in the operation and management of a business. Partnerships are subject to relatively little regulation and are fairly easy to establish. A formal partnership is recommended to address potential conflicts such as who will be responsible for performing each task; what, if any, consultation is needed between partners before major decisions, what happens when a partner dies, and so on. Under a general partnership each partner is liable for all debts of the business. Profits are taxed as income to the partners based on their ownership percentage.
Limited Partnership – Like a general partnership, this is established by an agreement between two or more individuals. However, there are two types of partners.
· A general partner has greater control in some aspects of the partnership. For example, only a general partner can decide to dissolve the partnership. General partners have no limits on the dividends they can receive from profit so they incur unlimited liability.
· Limited partners can only receive a share of profits based on the proportional amount on their investment, and the liability is similarly limited in proportion to their investment.
“C” Corporation – A “C” corporation is a legal entity made up of persons who have a charter legally recognizing the corporation as a separate entity having its own rights, privileges, and liabilities, apart from those of the individuals forming the corporation. It’s the most complex form of business organization and is comprised of shareholders, directors, and officers. The corporation can own assets, borrow money, and perform business functions without directly involving the owners. Corporations are subject to more government regulation and have the advantage of limited liability, but not total protection from lawsuits.
Subchapter “S” Corporation – This is a special section of the Internal Revenue Code and permits a corporation to be taxed as a partnership or sole proprietorship, with profits taxed at the individual, rather than the corporate rate. A business must meet certain requirements for Subchapter “S” status. Contact SCORE for free counseling, the IRS, and your accountant for additional information.
LLCs and LLPs – The limited liability company is a popular business form. It combines selected corporate and partnership characteristics while still maintaining status as a legal entity distinct from its owners. As a separate entity it can acquire assets, incur liabilities and conduct business. It limits liability for the owners. LLC owners risk only their investment, not personal assets. The limited liability partnership is similar to the LLC, but it is aimed at professional organizations.

Contact SCORE for information concerning organizational structures for non-profit organizations.

Richard Strug
Greater Princeton Area SCORE (Chapter 631)
Serving Mercer and Middlesex Counties

Can I run my business from home?

Going to work used to mean traveling from home to a plant, store or office. Today many people do some or all of their work at home. Garages, basements and attics are being transformed into corporate headquarters of the newest entrepreneurs – the home-based business person.

Before diving headfirst into a home-based business, you must know why you are doing it. To succeed, your business must be based on something greater than your desire to be your own boss. You must plan and make adjustments along the road.

Ask yourself these questions and remember, there are no best or right reasons for starting a home-based business. But it is important to understand what the venture involves. Working under the same roof where your family lives may not prove to be as easy as it seems. It’s important to work in a professional environment. One suggestion is to set up a separate office in your home to create this professional environment. So, before rushing in to it, ask yourself:
· Can I switch from home responsibilities to business work?
· Do I have the self-discipline to maintain schedules?
· Can I deal with the isolation of working from home?
· Am I a self-starter?
· Does my home have space for a business?
· Can I identify and describe the business I want to establish?
· Can I identify my business product or service?
· Is there a demand for that product or service?
· Can I successfully run the business from home?

A home-based business is subject to many of the same laws and regulations affecting other businesses. Some general areas include:
· Zoning regulations. If your business operates in violation of them, you could be fined or shut down.
· Product restrictions. Certain products cannot be produced in the home. Most states outlaw home production of fireworks, drugs, poisons, explosives, sanitary or medical products, and toys. Some states also prohibit home-based businesses from making food, drink, or clothing.

Be sure to consult an attorney and your state’s department of labor to find out which laws and regulations will affect your business. Additionally, check on registration and accounting requirements needed to open your home-based business. You may need a work certificate or license from your state and your business name may need to be registered. For home-based businesses, a separate business telephone and bank account are normally required.

Also remember, if you have employees you are responsible for withholding income and social-security taxes, and for complying with minimum wage and employee health and safety laws.

If you are convinced that working from home is for you, it’s time to create your business plan. SCORE and its cadre of counselors are ready to help you. Call today for free counseling.


Richard Strug
Greater Princeton Area SCORE (Chapter 631)
Serving Mercer and Middlesex Counties

Wjy worry about competition?

Not too many years ago, if your products or services were unique and there was no competition within a 15 or 20 mile radius, you were able to maintain a very profitable business. As shopping center after shopping center opened, cyber retailing exploded, and franchising expanded, it became more difficult to maintain your exclusivity within a geographical area. However, if I trust in the merits of my product or services to be successful, why should I care about the competition?

Very few businesses operate in isolation without market competition. Direct and non-direct competitors are trying to convince customers to buy their products or services rather than yours. There may also be indirect factors impacting customer choice. It is in your best interest to attempt to learn more about the companies that are trying to reduce your take-home pay. Knowing the competition enables you to get a competitive advantage.

List the strengths and weaknesses of each of your competitors. Talk to friends, visit your competition, call for information about their products or services, and analyze how they advertise.

Next, take a sheet of paper and list each of the major competitors and give each a rating of 1-10, for product or service quality, process, advertising, and customer satisfaction. You can add other ratings that you feel are important.

You can now use the competitive analysis to make decisions relevant to your strategic marketing plan (an integral part of your business plan). Your marketing plan will guide you toward the right decisions in the areas of pricing and advertising. It will also help you to increase your company’s customer satisfaction rate (which usually shows up as a weakness in many firms). Finally, it can help you make the right decision in customer and product segmentation.

In summary, it is impossible to produce a realistic marketing and business plan without knowing your competition.

Richard Strug
Greater Princeton Area SCORE (Chapter 631)
Serving Mercer and Middlesex Counties

Am I ready to start my own business?

The thought of owning your own business and being the master of your own domain is exciting, challenging and somewhat scary. Many times people enter businesses without asking themselves key questions that could dissuade them from making the decision to go out on their own.


Ten Questions to Ask Yourself Before Going into Business

1. Is my product or service different from others already in my market area?
2. Do I have the right kind of business experience to support this business?
3. Can I prepare a detailed, credible business Plan for the first three years?
4. Am I able to take responsibility?
5. Am I a good organizer? For myself and others?
6. Am I ready to put in the long hours that probably are necessary for the first few years?
7. Am I ready to stick to it even in rough times?
8. Do I have the full support of my family?
9. Do I have adequate resources and credit? And maybe a bit more?
10. Is my health up to the hard tasks ahead?


Richard Strug