Frequently Asked Questions
We’re business law and franchise lawyers in Chicago providing customized legal services to businesses and their owners, franchisors and franchisees, and the restaurant and hospitality industry. Our knowledgeable, effective, and responsive attorneys counsel clients in connection with contracts and franchise agreements, corporate and LLC issues, leases and real estate transactions, employment issues, estate planning and business succession, and lawsuits and alternative dispute resolution.Search For:
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Author Archives: mboxerman
Can an LLC receive S corp. tax status?
Business owners should keep in mind that LLCs can request S corp. tax status. This allows your company to remain an LLC for legal purposes but gain the tax benefits of an S corp. To gain S corp. status, an … Continue reading
What are the benefits of an S corp.?
When business owners choose an S corp., it’s for the tax benefits. S corps. are more rigid and require more paperwork than LLCs, but they pay significantly less in employment taxes, which makes a big difference for highly profitable businesses. … Continue reading
What are the benefits of an LLC?
The title “limited liability corporation” sounds good to business owners, but what are the key benefits of an LLC? The main reasons business owners choose LLCs over S corps. are simplicity and flexibility. S corps. are subject to a number … Continue reading
What do LLCs and S corps. have in common?
Two key benefits offered by LLCs and S corps. are limited liability and “pass-through” taxation. Limited liability means that owners generally are not personally liable for the debts and liabilities of the business. “Pass-through” taxation allows these business entities to … Continue reading
What is joint employment and does it apply to my business?
The National Labor Relations Board considers franchisors joint employers of their franchisees’ employees when they “share or codetermine those matters governing the essential terms and conditions of employment,” such as hiring, firing, discipline, supervision and direction, determining wages and benefits, … Continue reading
Are my workers employees or independent contractors?
Knowing whether your workers are employees or independent contractors is crucial for compliance with wage and hour laws and figuring it out is not always as simple as employers think. “Independent contractor” is the most common misclassification for employees. Employers … Continue reading
What are the best practices for employee termination?
When you are considering an employee termination, look to applicable employment contracts, your employee handbook, and the employee’s personnel file to find the information you need. Illinois is an at-will employment state, but employment contracts and the disciplinary practices in … Continue reading
What is employment discrimination and how can I avoid it?
Discriminatory employment practices include bias in hiring, firing, promotion, job assignment, compensation, retaliation, and harassment based on the protected characteristic of an employee. Employment discrimination may be overt or subtle but is always illegal when based on an employee’s race, … Continue reading
What are some common compliance issues faced by employers?
Many employers face compliance issues because they don’t realize that compliance begins with the hiring process. For example, in Illinois, employers may not ask about an applicant’s credit history and are restricted in when they may ask about an applicant’s … Continue reading
How should I maintain my employee personnel files?
Thorough recordkeeping is the key to defending your decisions as an employer, and employee personnel files are the right place to store important information about your individual employees. Your documentation should begin before you even hire an employee, recording reasons … Continue reading