Salem Legal Blog

The benefits of forming a Limited Liability Company

Many business owners face the decision of whether to remain a sole proprietor or incorporate, and if they incorporate, whether to create an LLC, S-Corp, C-Corp or something else. Deciding on a Limited Liability Company, or LLC, is most common. Here are some reasons why it's a popular approach.

New law will reduce IRS seizures of business assets

For years, small business owners faced possibility of the IRS seizing their money if the business did not act in accordance with a law enacted in 1970.  Once seized, recuperation of financial assets was an expensive, uphill battle. A new law may reduce that effect for small business owners.


Paid time off v. FMLA

The Family and Medical Leave Act (FMLA) is a federal law that allows those living in Oregon to take up to 12 weeks of leave from their position to care for their family or to recover from medical complications without fear that they will lose their job. Generally speaking, the law is designed to allow individuals to achieve a better balance between their professional lives and their personal lives, however, there are strict requirements and guidelines that must be met before an employee can take a qualified leave of absence. 

Business owners need to understand capital in its various forms

When starting a business, Oregon residents certainly need to know about the ins and outs of company operations. In particular, they need to understand how to keep their businesses running smoothly and in good financial standing. As a result, it is vital that future business owners understand capital.

Some parties may think that they already know the important aspects of capital, such as needing it to get a business up and running. However, financial capital is only one type of capital, and even it has its subsets. For instance, a company can have financial capital that falls into the categories of debt and equity. Debt capital refers to bank loans, credit card debt, personal loans and other similar financial factors representing liabilities. Equity capital refers to the assets of the company and funds obtained through the sale of stock.

Worker mistreatment after a protected activity may be retaliation

Many Oregon workers may feel that they need to stand up to wrongdoing in the workplace. In some cases, they may complain about discrimination or harassment that has occurred or participate in some other type of protected activity. Unfortunately, even though they have the right to take such action, they could still face retaliation from their employers.

Various employee actions could count as protected activity. As mentioned, filing complaints about unlawful action in the workplace falls into this category, as do participating in workplace investigations, taking part in an Equal Employment Opportunity Commission case, requesting leave under the Family and Medical Leave Act, and requesting an accommodation for a disability or a religious reason. If a worker faces adverse treatment from an employer after participating in any of these activities, that treatment could constitute retaliation.

Worker fired before testifying in whistleblower protection case

When workers believe that wrongdoing is occurring in their places of employment, many feel the need to bring attention to that wrongdoing. However, these complaints could be considered blowing the whistle, and workers may need whistleblower protection as a result. Unfortunately, some employees may still face backlash for filing complaints.

Oregon readers may be interested in such a case involving workers with the Department of Veterans Affairs. A psychologist in another state indicated that she received a letter of termination from her position at her local VA's health care center a day before she was scheduled to testify regarding the treatment of whistleblowers by the VA. The VA indicated that the woman was facing disciplinary action for violating the code of conduct on a different matter and that her termination was not connected to her testimony.

Man claims employment discrimination for having to work Sundays

Expressing one's religious views can often be met with mixed reactions. Still, individuals who have strong religious beliefs and implement those beliefs into their daily lives may feel that they are an important part of who they are. In some cases, parties may need to make requests for accommodations at work in relation to their religious practices, and while this may not be an issue for some, it could lead to employment discrimination for others.

Oregon readers may be interested in such a situation in another state. According to reports, a city police officer had taken on his position in 2013 with the request that he was allowed Sundays off in order to carry out his religious practices. The accommodation was allowed, but after approximately one year of work, the man left the police department for personal reasons. However, the department asked him to come back in 2017, which the man did as long as he was able to continue having Sundays off.

Whistleblowing in government agencies: 3 things to know

Whistleblowers play a critical role in ensuring the integrity of government organizations. Oregon law recognizes the importance of this role and offers protections for whistleblowers.

These protections are especially important in the public sector. Government workers are often drawn to the public sector out of a desire to serve the common good.

Oregon workers can take steps to address wage issues

It is not unusual for Oregon residents who work in local government or other city employment positions to not fully understand how to report issues at their places of employment. In some cases, parties may believe that wage issues have occurred in regard to their pay, and it is possible that an employer may have unlawfully withheld wages, not paid overtime or otherwise violated wage-related law. If this happens, it may be wise for employees to file reports.

Filing a formal report can certainly be a significant step to take. However, it is important that individuals understand that they do have options for ensuring that any violations against them are addressed. Parties can formally file complaints with the Wage and Hour Division of the Department of Labor in efforts to have their concerns explored by the appropriate authorities.

Prospective business owners may benefit from self-assessment

Wanting to start one's own business is an ambitious endeavor. It can also prove to be life-changing for Oregon residents who work to get their businesses open on the right foot. Of course, this task takes a significant amount of effort, and as most people know, new businesses do not always find success. As a result, prospective business owners certainly want to make sure that they truly want to take this route.

First, it may be wise to start with a self-assessment. Individuals may want to ensure that they have the skills necessary to start and sustain a business and that they also have the resources to put money toward starting the company. It is also important to know the purpose behind the business.

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Daemie M. Kim
189 Liberty Street NE
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Salem, OR 97301

Phone: 971-301-2177
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