How to Start a Business in Unincorporated RivCo v6
• State-Specific Requirements – Some states do operate their own job safety and health programs. • Training and Educational Programs – Take advantage of a wide selection of training courses and educational programs offered by the Occupational Safety and Health Administration for employers. FOREIGN WORKERS AND EMPLOYEE ELIGIBILITY As you prepare to hire employees, be sure that you understand all laws and regulations about employee eligibility. In particular, the Immigration and Nationality Act (INA) governs immigration and citizenship in the United States. The INA is especially important to small business owners because it addresses employment eligibility, employment verification and non-discrimination. Employee Eligibility Verification (I-9 Form) Federal law requires you, as an employer, to verify an employee’s eligibility to work in the United States. Within three days of hiring a new employee, you must complete an Employment Eligibility Verification Form, commonly referred to as an I-9 form. This requires examining acceptable forms of the employee’s documentation to confirm his or her citizenship or eligibility to work in the United States. You can only request documentation specified on the I-9 form. Employers who ask for other types of documentation not listed on the I-9 form may be subject to discrimination lawsuits. You do not file the I-9 with the federal government. Rather, you are required to keep an I-9 form on file for three (3) years after the date of hire or one (1) year after the date the employee’s employment ends, whichever is later. The U.S. Immigration and Customs Enforcement (ICE) agency conducts routine workplace audits to ensure that employers are properly completing and retaining I-9 forms, and that employee information on I-9 forms matches government records. For complete information about using, understanding and keeping up to date with the Form I-9, visit I-9 Central. You can use information taken from the Form I-9 to verify electronically the employment eligibility of newly hired employees 44
when borrowing money from an out of state lender or negotiating a lien. Here is what you need to know: • Borrowing Money : UCC Filing Statements – The Uniform Commercial Code or UCC, as it relates to lending, is a way for each state to have a consistent method of recording the security of a loan. When banks or SBA lenders make secured loans, or loans with collateral, they file a UCC-1 form with the state where the loan agreement is executed. This filing essentially makes the loan security, or collateral, a matter of public record. Without this filing, a lender could run into difficulties, laying claim to the collateral in case of default. Talk to your lender about the process of filing a UCC-1 form. • Securing Liens and the UCC – If your business provides goods or services on credit, Article 9 of the UCC provides a means for you to secure payment from your debtor. If you are in the construction business, the equivalent law is called a construction lien. You should consult an attorney on matters concerning UCC filings, liens and security agreements. WORKPLACE SAFETY AND HEALTH LAW As a small business owner, providing workers with a safe and healthy workplace is critical to the wellbeing of your employees and the success of your business – but it is also the law. Under the Occupational Safety and Health Act (OSHA), employers must provide a workplace free from recognized hazards that cause, or are likely to cause, death or serious physical harm to your employees. The following workplace safety and health resources from the U.S. Department of Labor‘s Occupational Safety and Health Administration will help you understand requirements that apply to your business and how to comply. • Find the Workplace Health and Safety Requirements that Apply to You – Visit OSHA’s website to pinpoint which OSHA requirements apply to your workplace and how you can comply.
• Request an On-Site Consultation Service
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