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Thinking about becoming a freelance gig worker? Ready to start a business? If so, you would be wise to think carefully about how you want to operate. While there are many different options to choose from, this article will focus on two: the a C-corporation (commonly, the “C Corp”) and the S-corporation (commonly, the “S Corp”). If you are having trouble determining which type of corporation to select, then take the time to read this article, as we highlight some of the key differences between the two.

The three main components and differences between the two forms of corporations are formation, ownership, and taxation. Each of the three have their advantages and disadvantages. However, do not read this article as us promoting one form of incorporation over the other. Rather, view the advantages and disadvantages as if they were for your own company.

Formation

C Corp Formation

Filing for a C Corp is extremely simple. All you have to do is file a document with your state, the “Articles of Incorporation”. The paperwork is minimal and easy to fill out.

S Corp Formation

Similarly, filing an S Corp requires the filing of an articles of incorporation. In addition, you will also have to file an IRS Form 2553. In order to be an S Corp, you must file this with the IRS.

Ownership

C Corp Ownership

Ownership is very straight-forward under a C Corp. There are no restrictions on ownership and thus an unlimited number of shareholders can invest in a C Corp. Moreover, anyone can own part of the company, including individuals, corporations, other C Corps, and other S Corps. If you are looking to create a big company with major funding, and a plethora of shareholders, a C Corp is for you.

S Corp Ownership

Alternatively, if you are looking to create a smaller business, an S Corp may be better suited for your business. First off, all investors must be U.S. citizens. Compared to a C Corp where there can be an unlimited number of shareholders and various classes of stocks, here the cap is at 100 shareholders and there may be only one class of stock. Finally, unlike a C Corp, shareholders cannot include other C Corps or S Corps. Thus, while these are disadvantages for a large business, small businesses could fit in these limits.

Taxation

C Corp Taxation

All C Corps are taxed not once, but twice. When the company earns revenue they must report it on their corporation’s tax return. Beyond that, any after tax-profits are sent to the shareholders in the form of dividends. Those then must be reported on the shareholders personal tax returns. Thus, a C Corp holds a form of “double taxation”.

For those businesses that are just starting out, if all of your “profits” are consumed by salaries, including the salary of the founder, then there is no double taxation as there’s no profit left at the corporate level.

S Corp Taxation

Here is where the benefit we alluded to earlier comes to fruition for the S Corps. They are only taxed once. Business income only needs to be reported once on the individuals personal tax returns. For small businesses where revenue may not be as high compared to a big business, this provides much needed tax relief on accumulated income.

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We hope that this article has made your decision a little easier to decide how to form your business. If you are still undecided, JustLaw is here to help. We are just a click, call or chat away.

Before the COVID-19 pandemic, the unemployment rate experienced some of its lowest numbers in history. Enter April 2020, and that drastically changed for the worse. The unemployment rate skyrocketed as businesses shut down and lay-offs became a norm for most people. If you survived a lay-off, you potentially still had to deal with a salary cut.

Due to the pandemic, people who received unemployment received an extra $600. As many battled losing their jobs and not having the ability to earn any money, the $600 helped them get through the pandemic. However, the extra $600 payment expired on July 31st. So now what?

On August 8th, 2020, President Trump directed the federal government to provide $300 in extra payments, a 50% decrease from the previous payments through the end of July. The President explained that the maximum a person could receive is $400, contingent on the state providing the extra $100 for each person receiving benefits. The decrease comes as a result of a belief that the $600 acted as a disincentive. In other words, it pushed people to stay at home and not look for work. Opponents to decreasing the extra payments claim that the $600 is necessary as many companies went out of business as a result of the pandemic and thus fewer jobs are available to the unemployed.

Therefore, while there is a decrease in extra payments, you should still apply if you are eligible. Take these four elements into consideration to help you decide whether to apply:

1. You were fired, or you quit
If you quit, you likely are not eligible for unemployment benefits. Unemployment benefits are reserved for those who were terminated from their jobs due to no fault of their own. Therefore, if you lost your job due to the pandemic, you are eligible for unemployment.
However, there are certain cases where you can receive unemployment benefits even if you were fired or quit. If you quit or were fired as a result of discrimination, you will be eligible for unemployment since that was to no fault of your own. Moreover, you could sue and if so, consider JustLaw for cheap affordable legal services. Furthermore, if you quit due to a sharp reduction in pay or hours, you could be eligible, as you had to quit because of reduced opportunity to earn income.

2. You must have patience
You are not alone in requesting unemployment aid, so patience is key. Upon your initial claim, you could wait up to 2-3 weeks before you receive any benefits. Therefore, file your claim immediately in order to ensure that you receive benefits as soon as possible.

3. Fill out your claim with honesty
You need to have an accurate claim or else you could be denied. Any mistake could cause a suspicion of fraud. This could severely delay your benefits from arriving or even disqualify you from any benefits at all. Therefore, be truthful and candid.

4. Seek a job
Although it might seem nice, you cannot simply collect unemployment without seeking a job. You must be actively seeking employment. And if you don’t know how, help will be administered to you in order for you to have a wider range of resources to search for a job.

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Good luck as you navigate through the lasting effects of the pandemic. Also keep
in mind that if the pandemic has forced you into debt, JustLaw is always here to help
you navigate through that debt and knock it out of the park. We are just a click away.

On June 22, 2020, President Trump issued an Executive Order. The Order suspends the entry of foreign nationals that are seeking employment based non-immigration visas. It took effect on June 24, 2020 and will remain in effect until the end of the year. For those who are currently going through the immigration process or for those who are planning to in the future, take the time to understand what this Executive Order means for you and your family.

What is an Executive Order?

An Executive order is a means of issuing a published directive from the President. As the President manages the operations of the federal government, they may issue Executive Orders as they please. They are granted this power by the Constitution, which gives them broad executive power to enforce the laws of the United States. However, their Executive orders are subject to judicial review by the Supreme Court of the United States. In simpler words, presidents cannot just issue executive orders without first receiving approval from the Supreme Court.

Most presidents use Executive Orders frequently while others utilize them sparingly.  or example, President Franklin D. Roosevelt issued 3728 Executive Orders in his twelve years as President. On the contrary, President George Washington only issued 8 Executive Orders in his eight years as President. For our purposes in this article, we will focus on President Trump and the Executive Order he issued on June 22, 2020.

What is the purpose of this Executive Order?

This Executive Order finds the status of our labor market in a unique circumstance. As we battle the COVID-19 pandemic, millions of Americans are out of work. Unemployment rates have skyrocketed to an all time high. Businesses have had to adapt to the pandemic by eliminating a myriad of jobs, while even, in some circumstances, having to shut down completely.

So what does all that have to do with non-immigration work visas? To keep it simple, the Executive Order is prohibiting certain foreign nationals from entering the United States for work-related purposes. This is because the purpose of the Executive Order is to preserve all open jobs for American citizens and prohibit foreign workers from competing with them for those jobs. American workers compete against foreign nationals for almost every job in almost every sector offered in the United States. American workers also compete with the children of foreign nationals who come to the United States for temporary work. Thus, the Executive Order deems foreign nationals seeking temporary employment as threats to the employment of American workers. This threat, in the eyes of the government, is especially heightened during this pandemic that has cost millions of Americans their jobs.

What visas are affected?

The Executive Order has suspended the issuance of the following four non-immigration visas:

1. H-1B visa
a. This visa permits US employers to temporarily employ foreign workers in specialty occupations. Types of employers that host foreign workers on H-1B visas range anywhere from teachers to therapists to even engineers.

2. H-2B visa
a. This visa is for those who are seeking non-agricultural labor positions in the US. This visa will be on a limited temporary basis that could either last as short as a one day employment to as long as a seasonal employment.

3. J visa
a. This visa is developed and created for work travel programs for cultural or educational purposes. Such programs are held for interns, trainees, teachers, or even camp counselors.

4. L visa
a. This visa is to be held by those seeking temporary employment in the US based on a company that they work for that has offices in the US and abroad.

Who is affected?

The Executive Order only applies to select groups of people. The more obvious group of people that are included under this order is those who are outside of the United States and did not have a non-immigration visa as recently as June 24, 2020.

Therefore, if you are outside of the United States as you are reading this, yet you have a non-immigration visa, you should not fall under the rule of this Order. In addition, even if you are currently outside of the United States and do not have a non-immigration visa, there is still an opportunity for you to navigate to the US and seek temporary employment. However, this opportunity is only limited to those whose work is essential to the US food supply chain. Furthermore, those who have a national interest exemption will also be permitted entry. National interest exemptions apply to those who are critical to national defense, law enforcement, national security, medical care, medical research, and economic recovery.

If you believe you may be eligible to enter the United States under one of these
exemptions, contact us, JustLaw, and seek further information to determine if your
suspicions are correct.

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Immigration law is one of the most important practice areas that JustLaw takes pride in serving. We encourage all those who have immigration issues to reach out to us for any and all help.

Ever heard of the classic slogans such as, “Just do it”, or “I’m loving it”, or even “Eat fresh”. These are some of the more popular slogans from top tiered companies: Nike, McDonald’s, and Subway. How come these are exclusive to their respective companies? That is where the law of trademarks comes in.

What is a Trademark?
A trademark is essentially a word, phrase, symbol, or logo that depicts a product or represents a company and its products. The trademark must be used for your benefit in commerce, or in other words for the purpose of your business. I mean why else would Dunkin’ Donuts have the slogan, “America runs on Dunkin’”, then to represent the fact that all Americans are fueled by Dunkin’. It drives their business. Makes sense right?

Alternatively to a word or phrase, a symbol or logo must be distinctive to your business. Therefore, if you create a new fast food chain, you obviously cannot use McDonald’s famous logo of the giant yellow “M” that you always find yourself searching for on the highway when you are on hour seven of your long road trip.

What is their purpose?
The main purpose of a trademark is to distinguish your companies from others. The trademark will help make your company stand out from others. Customers will also have the ability to identify your company compared to others. In addition, it protects aspects of your business such as slogans, your name, and your logo

How do you create a Trademark and protect it?
If you want a trademark, you must register it with the United States Patent and Trademark Office or otherwise known as the USPTO. Fancy right?

Now that you registered your trademark, it’s protected. However, the USPTO will not actually enforce that protection. You have to do so yourself. Therefore, check the USPTO website regularly to determine if any applications have any words, phrases, or logos similar to yours. There are also many experts out there whom you could hire to investigate others trademarks and ensure no one is stealing or copying yours.

Why should I get a Trademark?

a. Build your brand and distinguish yourself from your competitors.

One of the main components of a company that could potentially separate it from the others is its trademarks. Hence, why companies like McDonald’s and Nike go through the trouble of using such trademarks as “I’m lovin it” and “Just do it”.

Therefore, your trademarks literally build your brand. Moreover, it is how consumers  an identify you. It would be useless for Wendy’s to not place their logo on their properties. They are essential to their brand recognition and identification.

b. Have full use of your word, phrase, logo, or symbol, exclusively.
Imagine Pepsi and CocaCola just used each other’s logos? That wouldn’t really help either company would it? That is exactly why trademarks are used exclusively by their creator. So don’t worry, you will never buy a CocaCola can sporting a Pepsi logo on the can.

Keep in mind though that you must do your own research on the USPTO and enforce your exclusive use of your trademark.

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In the event that you do come across another person or company using your trademarks, there are a variety of options you can pursue. Pursue those with the help of JustLaw.

Whether you are a business, individual, or any entity, demand letters are crucial tools used to procure a particular form of action. Under most circumstances, the request is for a form of payment. Thus, demand letters are not to be taken lightly. Use these tools below to effectively handle the situation.

1. What is it?
A party sends a demand letter after they believe that another party wronged them. The letter will demand that you provide a written reply in a certain amount of time, or else the party will seek legal action. Boiled down to its core, it is a threat. And that threat is not to be taken lightly.

2. Can you ignore the letter?
Short answer: No.
Long answer: Still no. If you ignore a demand letter, you or your business can suffer serious repercussions. While you are not legally required to respond, if you do not, the party will have no choice but to take legal action. If legal action is taken, then you truly cannot ignore it. Furthermore, it will not look great when the opposing party argues to the court that they sent you a demand letter, offered you a reasonable amount of time to reply to it, and you failed to do so.

3. Assess the letter
Upon receiving the letter, take the time to evaluate the arguments and demands cast  pon you. Assure yourself that you are reading the letter with a clear head. Take your emotions out of it. Then assess the arguments that the party has made. Assess the factual background they are basing their claims off of. Assess the monetary claims as well as any demands to take action, e.g. the party is demanding that we remove our fence. Finally, assess any counterclaims (ie, claims against the party sending it) you may have.

In addition, you should take the deadline date of the letter into account. While the date has no real legal significance (ie, you cannot get in trouble with the law for failing to respond) the date is important for two reasons. First, the date represents the deadline that the party has requested you respond by. In other words, if you do not respond by then or do not relay your intent to respond in the near future, the party may seek further action such as bringing the dispute into court. The other reason is more of an implication of the letter. Assume you receive a demand letter on May 1st. If the date that the letter requires a response by is May 10th, you can assume that the party is eager to move forward with the case. On the other hand, if the response date is closer to the end of May or even sometime in June, you can assume that the party is not as eager. Thus, they may be easier to work with or be more willing to come to a settlement, depending on their eagerness to get the case moving or not.

As a quick side note, you do have the possibility of ignoring the letter. This may be a way of impliedly replying to the demand letter. It essentially tells the other party that there is no credibility to their threat, not even enough to warrant a response. However, before you decide to ignore a demand letter, you should consult a lawyer to ensure that you have a strategy. Moreover, your lawyer will help you develop that strategy as well as aid you in understanding and combating the implications of that strategy.

4. Determine whether or not you need an attorney
Most businesses and even individuals already have an attorney and thus you can utilize them for advice in approaching this demand letter. For those who do not have an attorney, you should consider one. If you decide to hire one, it may be best to pay a small one-time fee and in return have the attorney solely draft your response to the demand letter. While you can surely draft a strong letter, attorneys will input the necessary legal arguments and legal terms necessary to respond. If you decide that you want to find a lawyer, take a moment to read our post, “How to  ind a good lawyer” on The Verdict.

5. Draft your letter
This section only applies to those that forego an attorney and decide to draft a response on their own. If you choose to draft a letter on your own, take these guidelines into consideration:

1. Answer before the provided deadline, even if it’s to let the other party know that you intend to respond.
2. Your response should be based on candid facts.
3. Consider compelling language to communicate your arguments.

6. Send it
Now that you have drafted it, send it over. In addition, send it via email or postal service so that you can acknowledge that the opposing party received it. This could be useful in a potential future legal proceeding.

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Good luck! And always remember that your friends at JustLaw are a click away from aiding you in all your legal needs.

Identity theft is one of the most frustrating occurrences to deal with. It transpires when someone deliberately uses your identity for his or her own financial gain. While there are a variety of forms of identity theft, the most common is financial identity theft. Others may include medical or even criminal identity theft. For the purposes of this article, we will focus on financial identity theft.

So where do we begin? Well, here are a few considerations to keep in mind when you
believe you have been the victim of identity theft.

1. Identity Thieves Goals

So you got your identity stolen. What does that mean? Here a few things identity thieves look to steal:

• Your personal information. Keep reading to discover what personal
  information could include.
• If they retrieve your social security number, they may attempt to open up
  credit card accounts in your name. This could damage your credit report
  since the thieves will not pay for anything they buy using the credit card.
• They may authorize money transfers through the ATM in your name.
• Take out an auto loan in your name in order to buy a car.
• In rare situations, they may even provide your name to authorities in the
  event they are arrested.

2. How They Steal your Information

Thieves can steal your information almost from anywhere you carry personal information.

The most common examples of where you keep personal information includes your
wallet and purse. Another common example is your mailbox. On your way to work, personal information may be even hidden inside your briefcase as well. Even your computer at home and at work always contains personally identifiable information. Therefore, assure that you keep your personal information safe, no matter where it may be.

3. What Type of Information Will Thieves Steal

If your personal information ends up in the wrong hands, it could be detrimental to you. But what information do identity thieves typically target? Here is a list, just to name a few: (1) Name, (2) Address, (3) Date of birth, (4) Social security numbers, (5) Pin numbers used for debit and credit cards, (5) Passwords, (6) Checkbook, (7) Passport, (8) Birth Certificate, (9) Estate planning documents, i.e. wills, power of attorney, and (10) Personal Items. And much much more.

4. What Should I Do if I believe Someone has Stolen my Identity

If you believe, more likely than not, that you have been the victim of identity theft, there are a few actions you must undertake.

First, you should place a fraud alert with one of the credit reporting agencies’. Call as soon as you find out of this fraud. Most agencies offer free protection and will assure you that you are not financially responsible for any charges on your account.

Second, you should contact your bank and insurance companies. When you get in touch with them, notify them of the situation. Then you should subsequently close your accounts and open up new ones with different access codes.

Finally, you should file a police report. Identity theft is a crime and a police report will be proof of that, thus it is essential to proving that you have been the victim of fraud.

5. How can I Avoid Identity Theft in the Future

Now that you know what identity theft is and how to combat it when it happens to you, you should take the time to understand how to avoid it in the future. Here are a few closing tips to help you avoid identity theft:

• Protect your personal information. Do not give it out. If you do give it out, it should be to someone you trust.
• Prevent potential thieves from reaching you. Remove yourself from certain mailing lists in order to reduce thieves trying to reach you over email. Take the further step and try to avoid all telemarketer calls.
• Protect your computer and personal belongings carrying personal information. Install firewalls and antivirus software on your computer. And do not be careless with your wallet and purse in public.

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There you have it. You will never be the victim of identity theft. And now you know how to avoid it as well.

COVID-19 has disrupted life and work as we know it, to say the least. During such a difficult time, employers must ensure they are doing, at the very least, what is reasonably required to accommodate their employees and customers.

Thus an adequate response to an employee testing positive with the coronavirus is
respectfully required. Here are the steps and considerations each and every employer should contemplate amidst the coronavirus:

Step 0- Develop a Protocol

The first step is not necessarily a step, hence the zero. This step calls for a protocol that each employer should have in place now, and certainly well-ahead of any return to the office.

The protocol should include a variety of precautions that employees must follow,
including:

1. If you start to develop COVID-19 symptoms, you should notify your
   supervisor immediately.
2. If the employee is in the physical workplace when COVID-19 symptoms
   appear, the employee must immediately notify your supervisor and then
   subsequently be sent home.
3. Employees should self-isolate in their home for the recommended amount of
   time.
4. All employees should notify their employers if any of their family members
   develop COVID-19 like symptoms and thus self-isolate themselves.

Step 1- Notify other employees

If an employee develops COVID-19 symptoms, all other employees should be notified. However, confidentiality should be maintained.

Further steps, beyond the ones above, will ensure that you have handled the situation properly. Thus, employees should monitor themselves daily to discern whether they have developed any symptoms. Moreover, there should be a strong urge of employees who had direct contact with an affected employee, to quarantine and self-isolate for two weeks.

Just as important, the employer should take the time to notify all customers, vendors, and visitors of the business that came in contact with the infected employee to also self-isolate for fourteen days. Therefore, the employer should require all people who enter the business, to provide contact information so that they can be notified in the event that an employee begins to
develop symptoms. Furthermore, the employer should request all customers to reach out to the business if they start to develop symptoms, themselves. Doing so will go a long way in keeping everyone safe.

Step 2- Monitor the Workplace

Keeping the workplace safe is critical to maintaining uninterrupted business activities. Sound practice and medical advice require that all employees wear masks. In addition, all customers should only be let inside a place of business if they are wearing a mask. If not, they should be asked to put a mask on or be sent away.

In addition to the masks, the employer should require that all employees and customers maintain safe social distancing . If six feet cannot be maintained among people in the workplace, then the business should reconsider opening the business. Alternatively, the business could also limit the amount of people they permit inside the store at one time.

Step 3 – Family and Medical Leave Act

For the remainder of the year, all employers must comply with the new mandate of the FMLA. This mandate requires that all employers provide their employees with paid sick leave. Thus, all employers should be aware of this as they start to open up their business during the ongoing pandemic.

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We hope that this article finds you and families in strong health. Take these precautions and seriously consider them as you navigate your business through the pandemic. And always remember, JustLaw is here for you to aid you in all your pandemic and general needs.

Have you ever taken a look at your credit card bill and discovered a purchase that you know you didn’t make? Like you are really confident you didn’t make it? So you ask your significant other or your siblings or your kids, “Hey, did you use my credit card?” You will almost always get a resounding, “No! Of course not.” Now maybe they did use it and just don’t want to own up to it. But in the instance where they actually did not use it, you have an issue on your hands. Credit card fraud.

Credit card fraud is the act of stealing another’s credit card. Alternatively, it could occur when someone receives unauthorized access of your card information and utilizes it to their advantage. There are a few ways in which credit card fraud occurs.
The easiest way is if someone steals your physical credit card. Once they steal it from you, they will have the ability to use it for themselves. To the contrary, the hardest way to commit credit card fraud is by attempting to steal your information online or over the phone. The customer never presents the card to the culprit, but because you tried to buy something online or over the phone, they were able to get a hold of your card information and subsequently use it for their personal gain. And last but not least, one of the most common ways occurs when someone gets a hold of your credit card and uses a scanner to steal the information. This happens regularly when you are in close contact with the thief. Once you buy your items and hand over your credit card to the cashier, the cashier will swipe the card through the register and then meticulously move it past a scanner in the process of handing it back to you. You will not even notice because you cannot see the scanner and you didn’t catch anything out of the ordinary. I know, very sneaky right.

So how do you combat this? Here are several steps to take if you believe you have had your credit card information stolen:

1. Understand the Law Behind Credit Card Fraud

If you are reading this article, yet have never been the victim of credit card fraud, you should be memorizing this step. Keep this information in the back of your head,
because credit card fraud is all about timing.

The Fair Credit Billing Act (“FCBA”) permits consumers to dispute credit card charges. The consumer only has 60 days to dispute any charges on their credit card bill according to the FCBA. Act fast. If you miss this deadline, you will be liable for the payments, even if they weren’t yours to begin with.

On another note, the FCBA also requires a $50 minimum in order for a dispute to
be eligible. However, many credit card companies have adopted a zero liability policy. In other words, even if the charge is under $50, the credit card company will not hold you accountable. But this is not guaranteed for every credit card company. So break out your reading glasses and read the terms and conditions of the contract you execute with your credit card company.

2. “​Help! There are fraudulent charges on my credit card!”

Now we are entering the part of the article that you came here to read. What do
you do when you first discover those fraudulent charges?

You must notify your credit card company immediately. This will be the catalyst for removing the charges from your account and if needed, closing your account down. Yes, you read that right, closing your account. This will ensure that future fraud will not occur to you. The culprits have your credit card information. Thus, they will not stop at one attempt to buy something with your card. They will continue to seek purchases utilizing your card information. Therefore, close your account down and have the credit card company issue you a new card.

3. Tracking your Steps

Next, you should determine where and how the fraud occurred. The credit card company will determine if the fraud occurred once you notify them. You will speak to a customer service member and sort that out when you first notify them of the potential fraud. However that is needless to dive into in this article; you are most likely here because you know for a fact, fraud occurred.

So despite that, determining where and how the fraud occurred is essential to the classic phrase: learning from your mistakes. As an added plus, you can also aid your
friends and family by telling them exactly where and how it happened so that they can avoid this occurrence too.

4. Credit Card Protection Offers

There are two types of credit card protection offers. One is from the credit card
company that issues you the card. This is the one you want. The other is from a third
party that offers you protection from fraudulent transactions on your credit card. This is not the one you want. This protection is expensive and unnecessary. Not only do you have federal protections through the FCBA, but you also have credit card companies that offer protections with the issuance of your card.

5. Monitor your Credit Card Reports

This is really simple and easy to do. This will allow you to monitor your account
and keep a keen eye out for any fraud on your card. You should do it at least once a
year and if you can, once every six months. Stay on top of your account and ensure that no fraud is attacking you without your knowledge.

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Fight the fraud. Follow these steps and you will never experience the pain of losing money to credit card fraudsters. And if you do, seek advice from your friends at JustLaw