Resources
Classification of Manufacturer’s Representatives as Employees or Independent Contractors
The determination is significant because different tax treatment results from the classification of the representatives.
Creative Retirement Designs for Small Business Owners
For many small business owners, the key retirement plan decision is not what type of plan to adopt, but where the 401(k) plan funds should be invested. While 401(k) plans are the overwhelmingly popular plan of choice for employers, consider that alternative plan design options are available to maximize benefits for company owners with both 401(k) plans and other types of qualified retirement plans.
Creating a mess by sweeping one state’s carefully considered rep statute under another state’s rug
In the course of selecting noteworthy judicial decisions involving independent reps to feature in this column, some stand out as significant rep wins with legal principles worth sharing, some comprise notable losses from which lessons can be learned, and some, like the subject of this article, involve haphazard judicial rulings that can devolve into a hot mess.
Converting an LLC to an S Corp: What You Need to Know
Many sales representative organizations, like other businesses, are structured as limited liability companies (“LLCs”). The preponderance of LLCs with more than one member are treated as partnerships for tax purposes.
When is a sales representative not a sales representative?
Tech 4 Kids Inc. makes toys but was unable to play to U.S. retailers.
So T4K reached an oral agreement with Northern Group Inc., an independent sales representative with offices in the Midwest, to promote its toy products.
Toying with rep over post-termination commissions ends in ‘game over’ for opportunistic principal
Tech 4 Kids Inc. makes toys but was unable to play to U.S. retailers.
So T4K reached an oral agreement with Northern Group Inc., an independent sales representative with offices in the Midwest, to promote its toy products.
Hell Hath No Fury Like a Principal Scorned
In the lengthy annals of sales rep-principal relationships ending badly, the shabby treatment Eliot Essagof received from his principal deserves exceedingly prominent mention.
What Happens in California Doesn’t Necessarily Stay in California (Part II)
This is the second of two articles on the effect that California law can have on businesses throughout the country and even abroad. Last month’s article delved into California’s recently enacted “AB5” statute which provides an “ABC” test to determine if a worker/service provider is an independent contractor or an employee.
Playing to a tough audience: Seizing a principal’s assets without obtaining a judgment
“Money is not the most important thing in the world. Love is. Fortunately, I love money.”
— Jackie Mason
For the prolific sales rep victimized by the withholding of commissions due, few moves will command greater attention from the principal than exercising the lawful self-help remedy of grabbing those unpaid commission dollars, then pursuing litigation.
What Happens in California Doesn’t Necessarily Stay in California
California has recently enacted a number of new laws that can affect businesses throughout the country, including manufacturers and sales representatives. This multi-part article focuses on two of them: California Assembly Bill 5 (“AB5”), which provides a test to determine if a worker/service provider is an independent contractor or employee, and “Proposition 65,” which addresses environmental and health-related concerns about products sold in California.