Choosing Between A Corporation Or An LLC

Many people who wish to start a business are often left hanging by the question: are they going to make the business a corporation or an LLC? Choosing one of the other can be vital in the success of the company, and knowing which one would best benefit the company would depend on which type would give the most advantage to the business.

Limited Liability Company (LLC) is largely a corporation-type when it comes to the way limits the business owner’s liability. Choosing to form an LLC would give the business the necessary management flexibility along with possible tax benefits. Those who choese a Limited Liability Company for their business are provided with limited personal liability of a corporation, all while being regarded by the Federal tax laws as a partnership. The only disadvantage of an LLC is its inability to freely transfer the ownership, perpetual existence, as well as the ability for sole-ownership that a corporation could offer. This is the bargain that LLC offers in order to acquire the partnership tax status with more flexible management.

LLC largely prevent the ownership interests of the business to other people to ensure that the business is classified as a partnership to be taxed under the federal law. Limited Liability Companies generally have definite number of years in operation that would end after a specified amount of operation, or when a specified event happens. This requirement is necessary in order to qualify for partnership status when it comes to tax laws. Because of the flexibility of management, LLC allows its owners to determine and define the duties of owners, as well as having the adaptability of dividing profits and loss.

Corporations give the business the chance to raise capital through acceptance of new owners or going public. If this is what you want for your business, then choosing to go corporation would be the best option. It helps to weight the advantages and disadvantages of both LLC and Corporation, and how each can affect your business. It can be a complicated decision, so consulting with a lawyer who specializes in business law could provide helpful insight would work on your business.

Sexual Harassment in the City

If the popular television show “Sex in the City” is to be believed, New York City is a hotbed of licentiousness, where traditional boundaries do not exist. This is true in a sense; modern thinking has relegated sexual intercourse to as casual a topic as what is for dinner. However, federal and New York state law draws the line at sexual harassment.

While sexual harassment may take the form of sexual advances, innuendoes, or contact, it is primarily a discriminatory act, and not a sexual offense. It is discrimination because of two elements: it is targeted at a specific gender, typically against women but not necessarily, and it is carried out by a person or persons in a position of power or influence over the victim.

For an act of a sexual nature to be considered harassment, however, it must be unwanted or unwelcome, even when it occurs between an employee and an immediate supervisor. The element of consent is crucial for determining whether the behavior can be penalized or not, and proving whether it was consensual or not can be tricky.

There are some situations where a sexual relationship between certain employees would be considered automatically coercive, because there is no inherent equality in the relationship. A good example would be that of an inmate and a corrections officer. Even if the relationship is consensual, it is still prohibited by law and may have legal consequences for the corrections officer.

But in the workplace, the line is not so sharp. For example, the court ruled in a recent case that sexual harassment laws do not apply to unpaid interns because the laws specifically refer to employees, and since the intern did not receive remuneration for her services, she is not considered an employee. According to the law firm Cary Kane LLP website, a co-worker may also be accused of sexual harassment when it results in a hostile work environment of the plaintiff.

There are so many factors that may affect a sexual harassment complaint. If you believe you have been a victim of this type of discrimination, it is always a good idea to consult an experienced sexual harassment lawyer to make the case.