Growing a successful company means that a business owner will probably need to hire help at some point. A business owner must not only determine the company’s needs but also whether those needs will be best served by independent contractors or employees. An independent contractor’s job expectations and compensation are usually outlined in an independent […]
Category: Business Law
Tax Forms for Independent Contractors and Employees
Depending on its needs, a company might hire employees, independent contractors, or both. Different kinds of workers sign different kinds of contracts, and taxes for each are handled differently as well. Misclassifying an employee as an independent contractor, or vice versa, means that the withholdings, documentation, and tax forms are incorrect. This mistake is not […]
Independent Contractor Agreements in Texas
The global pandemic has led to many shifts in the job market, including an increase in the number of independent contractors, or “gig workers.” Whether hiring an independent contractor or working as one, understanding their distinct roles and clearly communicating expectations are essential as businesses and workers adapt to changes in the work force. Independent […]
The Arbitration Process in Texas
Arbitration has been a part of conflict resolution since King Solomon settled the dispute between two women both claiming to be the mother of the same child. George Washington refers to arbitration in his will. In Texas, the first formal reference to Arbitrated Dispute Resolution, ADR, was in 1845, Article 7, Section 15 of the […]
Texas Theft of Trade Secrets
In order for a business to be successful, it often uses information or practices that give it a competitive edge. Protecting that edge means protecting trade secrets. Often tied to production, such as a machine or a process, protecting this proprietary information is essential to the operation of the business. Hyde Corp v. Huffines, 158 […]
S Corporations in Texas
As a business venture grows, a sole owner of a business may choose to incorporate that business because of the advantages available to corporations. Unlike a sole proprietorship or a general partnership, corporations offer certain tax advantages, limit owner liability, and increase options for raising capital. The size and type of business help determine which […]
Creating a Professional Corporation in Texas
When a group of people from the same profession work together frequently, they often choose to form a professional corporation. Consisting of people who are licensed in the same profession, the professionals must file a certificate of formation with the Texas Secretary of State via SOSDirect. Tex. Bus. Org. Code Ann. §§ 3.001(a), 3.005(a), 3.007. Management structure, […]
Forming a Limited Partnership in Texas
Not to be confused with a general partnership or a Limited Liability Partnership, a limited partnership is formed by at least two people with at least one general partner and at least one limited partner. Tex. Bus. Org. Code Ann. § 1.002(50). The general partner in the partnership manages the business and has unlimited liability […]
Creating a Corporation in Texas
Owned by shareholders and managed by directors, a corporation is a group of people functioning as a single legal entity. It has the characteristics of limited liability for its owners, centralized management, perpetual duration, and the ability to transfer ownership easily. Forms to create a corporation are available from the Secretary of State. By completing […]
The Texas Deceptive Trade Practices Consumer Protection Act
First enacted in 1973 and last amended in 1995, the Texas Deceptive Trade Practices – Consumer Protection Act (DTPA) was created to “protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection.” Tex. Bus. & Com. Code Ann. §§ […]