Homepage Hi, I’m Jean … your SBA Help Desk Assistant. We’re glad you visited today and want to help with your business success. I took the liberty of interviewing a few small business experts and curating online content for you. Feel free to select one of the hot topics to help you start of grow your small business. You can always come back to the Help Desk or contact one of my SBA colleagues to attend a workshop or schedule a mentoring session. Please select a topic and let’s get started. Disaster Module Do You Have an Emergency Plan for Your Business? Jean Intro: It’s storm season and even if your business is outside of a hurricane zone, disaster preparedness is a critical component of managing risk as an entrepreneur in any area. If you run a small business, you understand the benefits of “business continuity” and the need to get a plan together to protect your company from being shut down by a disaster.  As a business owner, you also depend on the well-being of your employees, clients, customers and neighbors to stay in business.  So it makes good business sense to do what you can to help them prepare for any kind of disaster. Here are a few disaster preparedness tips * Make copies of your important records, and store them in a secure place far enough away in case a widespread disaster hits, yet close enough to have quick access to those documents when needed. * Keep an up-to-date list of e-mail addresses and phone numbers for family members, employees, co-workers and insurance company contacts.  Make someone in your family or company responsible for maintaining this list, and for contacting everyone after the disaster. * Do you understand the limits of your business, homeowner or renter’s insurance policy? Check in with your insurance agent to make sure you have enough coverage to recover from the disaster. * Put together an emergency kit that includes one gallon of water per person per day, a three-day supply of non-perishable food, a battery-powered radio, a flashlight with extra batteries, a first aid kit and a cooler to keep refrigerated food coldin case of a power outage. To get help on building an emergency plan for you and your employees visit the American Red Cross’ “Ready Rating” site to learn how to protect your company from being shut down permanently after a disaster. For more disaster preparedness tips, tune into the SBA and Agility Recovery business continuity webinars.  Getting prepared now means saving lives, money, time, and will help you return sooner to life as you know it.  Veterans Module A Quick Reference Guide for Veterans Interested in Entrepreneurship Jean Intro: If you a veteran or service-disabled veteran, now is a great time to launch a small business. According to the latest SBA data, of the 27.1 million non-farm businesses in the U.S., 2.4 million are owned by veterans. Moreover, statistics show that the success rate of these veteran-owned businesses is higher than other startups – perhaps a reflection of the discipline, skills, and leadership experience acquired in military service. There are a number of resources and programs from a variety of government and non-profit associations that are designed specifically to help veterans access the tools, funding, and help they need to start and grow their business ventures. Here’s what you need to know: There are some very specific resources and in-person assistance programs that can help veterans learn more about the programs available to them. These include: * Online Resources to Help You Get Started – SBA’s Veteran and Service-Disabled Veteran Small Business Guide is a one-stop portal with links to programs and resources, financing information, government contracting opportunities and other resources. * Veterans Business Outreach Centers – Operated by SBA, these centers provide services such as business training, counseling (in areas such as business planning assistance and concept feasibility) and mentoring (every entrepreneur is teamed with a business counselor). There are 16 centers across the country. * Small Business Development Centers – If you don’t have a Veterans Business Outreach Center in your area, you’re very likely to find a Small Business Development Center (SBDC) nearby. There are 1,001 lead centers and satellite centers nationwide, each providing business training, seminars and one-on-one consulting. Sponsored and partially funded by SBA, these centers also offer support for veterans, including help with understanding their financing options. * SCORE’s Veterans Fast Launch Initiative – Launched in 2011, this government- and commercially-sponsored initiative offers veteran entrepreneurs access to a combined package of free software, workshops, and free business advice. The Walmart Foundation, a primary sponsor, will also give scholarships to participants for SCORE’s “Simple Steps for Starting Your Business” series. If you need financing help, SBA’s Patriot Express and SBAExpress small business loan programs offer low interest rates and streamlined and expedited procedures for members of the military community (responses to loan applications are made in 36 hours). The Patriot Express loan, for example, can be used for a variety of business purposes including start-up, expansion, equipment purchases, working capital, inventory or business-related real estate purchases. Learn more here. Note that SBA doesn’t provide or fund loans directly; instead, it guarantees a portion of the qualified loan made by a lender, reducing the risk for the lender and improving the approval odds for the borrower.  Two specific sectors offer big opportunities and incentives for veteran-owned small businesses – government contracting and franchising. 1. Doing Business with Your Former Employer – Government Contracting – The government has an annual goal to set aside 3 percent of the total value of all prime contract and subcontract awards for participation by veteran-owned small businesses. There are many programs and resources that can help you take advantage of this opportunity: * Find out if you qualify – To determine if you can bid for government business as a veteran or service-disabled veteran, review the following eligibility requirements. * Read up on the contracting process – SBA’s Government Contracting Small Business Guide includes information about becoming a federal contractor, finding business opportunities, and following the rules and regulations for government contractors. * Online training – These step-by-step online training guides can help you compete more successfully in this market.  2. Franchising Incentives for Veteran Entrepreneurs – If you want to be your own boss but are wary of the startup risks, buying a franchise can be an appealing alternative. For veterans considering buying a franchise, there are added incentives. The VetFran program, started by the International Franchise Association, provides financial incentives to veterans, such as franchise fee that are not available to civilian franchise investors.  A current list of participating companies and the discounts they offer is available on this Web site, www.franchise.org, under 'VetFran Directory.' If you like the idea of a franchise, make sure to do your research first. This guide provides helpful advice on buying and evaluating a franchise. Holiday season hiring module Hiring Temporary Workers for the 2012 Holiday Season Jean Intro: Does your business ebb and flow with the seasons? Looking to hire extra staff for the up and coming holiday season, or find that you wished you’d hired temporary workers this past summer?  Whatever your plans, hiring seasonal workers involves following a few rules of the road. Many of the laws and regulations that apply to full-time employees also apply to seasonal or part-time employees. Here’s what you need to know as you plan your seasonal workforce: Labor Laws Still Apply Laws that cover harassment, discrimination, and workplace health and safety apply to seasonal workers just as they do to any other employee. If you’re not familiar with these, this Employment and Labor Law Guide for small businesses is a good reference point. Likewise, under the Fair Labor Standards Act (FLSA), part-time and full-time employees have equal rights concerning minimum wage, overtime pay, recordkeeping and child labor. Hiring Independent Contractors – Laws are Different Independent contractors are essentially self-employed individuals who often welcome seasonal or part-time positions. These individuals are usually experienced in certain fields and often work unsupervised or as part of your team. It’s important to note that independent contractors are hired by you and not employed by you. As such, you aren’t required to provide benefits, withhold tax/Medicare/Social Security, or pay unemployment taxes. You also can’t dictate the hours the contractor works. However, you are required to report compensation of $600 or more to the IRS (more on this here). SBA offers some helpful tips to understanding the difference between independent contractors and employees when it comes to your legal and tax obligations. What Benefits Are Required by Law? If you are hiring employees – not independent contractors – regardless of whether they are seasonal or not, you still must provide certain benefits by law. These vary by state and include: 1. Unemployment Benefits – Check with your state department of labor to determine the specific laws that apply in your state. While employers generally are not exempt from unemployment benefit obligations if an employee is hired for a brief or temporary amount of time, there may be exceptions for “seasonal employers” who, because of the nature of their business, require temporary employees for periods lasting 10 weeks or less.  2. Social Security/Medicare – You must withhold part of Social Security and Medicare taxes from your employees' wages and pay a matching amount yourself. Refer to the employee's Form W-4 and the methods described in the IRS’ Employer's Tax Guide and Employers Supplemental Tax Guide. 3. Workers’ Compensation – Businesses with employees are required to carry Workers’ Compensation Insurance coverage through a commercial carrier, on a self-insured basis, or through a state Workers' Compensation Insurance program. Your state's agency can help you find out more about requirements for employers. Certain benefits, also called “fringe” or “soft” benefits, aren’t required by law and are offered at the employer’s discretion. These include paid leave, retirement plans, and medical insurance. Whether you decide to offer these or not is up to you, but it’s best to be explicit in advance about what you will and won’t provide during the recruitment process. What About Taxes? Part-time and seasonal employees are subject to the same tax withholding rules that apply to other employees. For details on your tax reporting responsibilities, refer to IRS regulations on part-time or seasonal help. Be sure to check state tax laws that pertain to these employees too. Other Legal Considerations Want to run a background check on potential seasonal workers? This blog offers advice on Conducting Employee Background Checks – Why Do It and What the Law Allows. Depending on your business type, you might consider asking seasonal workers to sign a Non-Disclosure Agreement or contract of employment. Freelancing module Nuts and Bolts of Starting a Freelance Business Jean Intro: If you are new to freelancing or thinking of becoming a freelancer, you’ll no doubt have lots of questions, especially about the legal and regulatory paperwork you need to obtain and manage throughout the business year. Freelancing, particularly if you are unincorporated, is one of the least paperwork-intensive forms of business ownership. Nevertheless, you are still a business and you need to be sure you have the right licenses or permits, make estimated tax payments on time, report your earnings each year, and deal with client paperwork such as contracts, non-disclosure agreements, and more. To help you stay on top of your obligations, here’s a breakdown of key legal and regulatory processes, plus important “business-ready” documentation you’ll need when dealing with new clients. Legal and Regulatory “Must-Dos” Here’s what you’ll need to do to ensure you set up and manage your freelance business legally: 1. Get the Right Licenses and Permits – All businesses need some form of license or permit to operate in their state, county or city. In all likelihood, your freelance business is operated out of your home. So you may need a Home Occupancy Permit and a General Business License. You can get both from your local government website. Or simply use SBA’s “Permit Me” online tool for information about the licenses or permits you may need based on your zip code and business type. Be sure to obtain these before you start doing any business. 2. Register Your Business Name – If you want to name your business anything other than your given name, then you’ll need to register a “Doing Business As” name with your local government. This guide explains how. If you use your own name, skip this step. 3. Pay Estimated Taxes – This one often comes as a surprise to freelancers, who may be used to having their taxes withheld by an employer. As a freelancer, it’s your responsibility to pay Uncle Sam and your state revenue agency almost as soon as you earn income each quarter. If you expect to owe $1,000 or more when you file your annual return, then you must pay estimated taxes on income. For information on how to calculate and make your payments, read: How To Calculate and Make Estimated Tax Payments. 4. Complete a W-9 Form When You Get a New Client – When you ink an agreement or start work with a new client, it’s likely they will ask you to complete IRS Form W-9 (you may have to ask them for it). Filling out a W-9 is straightforward: provide your name and social security number, or “Doing Business As” name. The client holds this form and doesn’t send it to the IRS; it’s a formal certification by you that your tax ID (SSN) is correct. The form also asks if you are subject to backup withholding – most taxpayers are exempt. 5. Annual Tax Reporting: The 1099 Form – If you’ve earned more than $600 in a year from a client, they have to report these payments to the IRS through Form 1099-Misc. Your client will send you a copy by the end of January each year. Be sure it’s accurate – does the amount the client stated they paid you match your records? You don’t have to do anything with the form other than it in your records and use it as a reference when you report your annual income to the IRS.  Think of it as the freelancer’s equivalent of the W-2 form. Closing page Jean Intro: Thank you for stopping by today. I hope I was helpful in sharing small business development information. You can visit other topics by returning to the Help Desk, or – if you’d like – contact one of my colleagues for more information. We’re often just a short commute, phone call or e-mail away! I’d love to hear about other topics you’d like to me to share with you during our next visit. Feel free to share your suggestions by emailing me. See you soon and don’t forget to tell my colleagues that “Jean sent you”. SBA Encore Entrepreneurship Help Desk Transcript, September 2012 Office of Entrepreneurship Education