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Idaho Employment Law August 7, 2013 Newsletter

The Uniformed Services Employment and Reemployment Rights Act (USERRA)

The Uniform Services Employment Reemployment Rights Act (USERRA) became law in 1994 following the first Persian Gulf Conflict. The purpose of USERRA was to expand the rights of employees returning to work from uniformed service by entitling them to positions with their former, pre-service employers, complete with all of the seniority, status, pay and benefits that the service member would have accrued had he/she never entered the service on active duty. USERRA prohibits employers from discriminating against any employee or prospective employee because of past, present, or future membership or application for membership in a uniformed service. There are various notice requirements, time limits, and reemployment rights that Idaho Employment Law Solutions can help the veteran, service member and employer successfully navigate.

Learn more about USERRA >>


Looking to start a small business?

Starting a business is an exciting venture, but it is also a challenging undertaking. The process involves planning, making key financial decisions, and completing a series of legal activities. Perhaps you already know what kind of business you want to start-but if you don't, the Small Business Administration outlines 20 questions to ask yourself before you start to ensure you're thinking about the right key business decisions.


Business Plan

Once you lay out your ideas for starting a business, you will need to create a business plan. This document is intended to outline the route your company will take to earn revenue. You can learn more about what to include in your business plan on the Idaho Employment Law Solutions website.


Legal Structure

After you create your business plan, you will need to decide which business structure you will use, which will have legal and tax ramifications. If you are unsure about which entity is the best fit for your business, contact Idaho Employment Solutions. These structures include:

  • Sole proprietorship - a sole proprietorship is the most basic type of business to establish. You alone own the company and are responsible for its assets and liabilities.
  • Partnership - a partnership is a single business in which two or more people share ownership. Because each partner contributes aspects of the business, including money, labor, property, or skill, each partner shares the profits or losses.
  • LLC - a limited liability company is designed to provide the limited liability features of a corporation and the tax efficiencies and operational flexibility of a partnership.
  • Corporation - a corporation is a more complex business structure and generally suggested for larger, established companies with multiple employees.


Naming and Registering Your Business

In addition to choosing your business structure, you will also need to choose and register your business name and register your business with state agencies. This is a key step to legally operating your business and potentially seeking funding. You will also need to obtain certain federal and state licenses and permits in order to run your business legally. Idaho Employment Law Solutions can assist you in appropriately registering your business to avoid costly complications down the road.


Employment and Labor Laws

Once you begin to hire employees, you are required to comply with employment and labor laws, which cover everything from preventing discrimination and harassment in the workplace, workplace poster requirements, wage and hour laws, and workers' compensation regulations. While the U.S. Department of Labor oversees federal employment and labor law, each state has its own specific laws. Working closely with a trusted counsel can help your business avoid litigation. When you need a legal partner, Idaho Employment Law Solutions can serve your business as general counsel. We are committed to providing effective, affordable legal advice relevant to your needs and when you need it.


This Week in Labor History

On August 3, 1981, more than 12,000 air traffic controllers strike. President Ronald Reagan threatened to fire any who did not return to their jobs within two days and on August 5, he carried out his threat. This strike redefined labor relations within America.


FAQs on Labor Law in Idaho

Q. Do Idaho employers have to provide breaks or meal periods to employees?

A. Idaho law does not require employers to give breaks or meal periods. Employees would only be entitled to breaks if it is the employer's policy to provide them.


We Practice Outside of Idaho, Too!

Even though our firm is based in Idaho, we are also committed to protecting civil rights for clients around the country. We provide quality and efficient legal counsel to businesses, organizations, employers or employees, and individual multi-cultural clients.


Forming a Business Plan

A business plan is comprised of these sections:

  • Executive summary - a snapshot of your business as a whole that touches on your company profile and goals
  • Company description - provides information on what your business does, what sets your business apart from others, and the markets your business services
  • Market analysis - before launching your business, it is key to research your industry, market, and competitors
  • Organization and management - every business is structured differently, so find the best organization and management for your business
  • Service or product line - what product do you sell and how does it benefit consumers? Tell the story about what you sell
  • Marketing and sales - outline your sales and marketing strategy
  • Funding request - if you seek funding for your business, you will need to learn about the necessary information you should include in your plan. Learn more about funding >>
  • Financial projections - if you do seek funding, you will need to provide realistic financial projections to back up your request
  • Appendix - this optional section is a good place to include information like resumes, permits, and leases


Past Newsletters

July 23, 2013 Newsletter

July 2, 2013 Newsletter