Business Law
Small business legal requirements, contracts, and regulations
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FAQ AvailableWhat are my legal obligations for providing a final paycheck and accrued vacation time to a terminated employee in California?
In California, you must provide a terminated employee's final paycheck, including all earned wages and accrued vacation, immediately at the time of termination. Failure to comply exposes you to signif...
How do I properly document an employee's performance issues in California before taking disciplinary action?
To properly document an employee's performance issues, you must create a clear, factual, and consistent written record that establishes the problem, communicates expectations, and provides the employe...
What are the California rules on providing and paying for sick leave for my employees?
California law requires you to provide paid sick leave to your employees and allow them to use it for specific health-related reasons. You must follow state rules for how leave is earned, used, and pa...
How do I domesticate or register my out-of-state LLC to legally transact business in California?
To legally operate your out-of-state LLC in California, you must register it as a "foreign" LLC with the California Secretary of State by filing an Application for Registration. This process does not ...
What are the step-by-step requirements for legally running a contest or sweepstakes for my California-based business?
To legally run a contest or sweepstakes in California, you must provide clear rules and ensure any chance-based promotion does not require a purchase to enter, which would make it an illegal lottery. ...
How can my business legally add a surcharge for customers who pay with a credit card in California?
While California law technically prohibits credit card surcharges, you can legally achieve a similar result by offering customers a discount for paying with cash or debit. Here is how to structure thi...
What are the California regulations for using "Made in USA" labels on products my business sells?
To use a "Made in USA" label in California, your product must be entirely or substantially made in the United States, with only a very small percentage of foreign content. Here is how to determine if ...
How do I add a new member to my existing California LLC and update the operating agreement?
To add a new member to your California LLC, you must get approval from the existing members, formally document the change by amending your operating agreement, and update your records with the state. ...
What is the process for reinstating my LLC or corporation if it was suspended by the Franchise Tax Board or Secretary of State?
To reinstate your suspended California LLC or corporation, you must resolve all outstanding compliance issues with the suspending agency and file a formal Application for Certificate of Revivor with t...
How do I obtain a "Certificate of Status" for my business from the California Secretary of State?
You can obtain a Certificate of Status from the California Secretary of State by submitting a request form either online, by mail, or in person with the required fee. This certificate confirms your bu...
What legal notices, like privacy policies, must I include in the footer of my business website under California law?
Under California law, you must include specific legal notices in your website's footer, primarily a comprehensive Privacy Policy and, if applicable, a link to opt-out of data sales. Here is how to ens...
How do I properly issue an IRS Form 1099-NEC to a freelancer or contractor I paid in California?
To properly issue an IRS Form 1099-NEC in California, you must collect the contractor's information, file the form with the IRS, send a copy to the contractor, and separately report the contractor to ...
How do I create a legally sound independent contractor agreement that complies with California law?
To create a legally sound independent contractor agreement in California, you must first verify that the worker legally qualifies under the state's strict "ABC Test" or a specific statutory exemption....
What local zoning and permit requirements must I check before starting a business from my home office in California?
To start a home-based business in California, you must verify your local zoning rules allow it and obtain the required permits, typically a Home Occupation Permit and a local business license. Here ar...
What are the exact steps to start a legal "cottage food operation" from my home in California?
To legally start a cottage food operation (CFO) in California, you must register or obtain a permit from your local county health department and comply with state food safety and labeling laws. The ex...
What specific financial and operational records must my small business keep to be prepared for a California tax audit?
To be prepared for a California tax audit, you must keep complete and accurate records that support all income, expenses, deductions, and credits claimed on your tax returns. California law requires y...
How do I calculate and pay quarterly estimated taxes to the Franchise Tax Board for my sole proprietorship or single-member LLC?
To pay quarterly estimated taxes in California for your sole proprietorship or single-member LLC, you must estimate your annual business profit, calculate the resulting personal income tax, and pay it...
What are the first steps to take if I discover another California business is using my registered business name?
If another California business is using your registered name, your first step is to formally demand they stop using it through a cease and desist letter after confirming your rights and gathering evid...
How do I apply for a state-level trademark for my business name or logo with the California Secretary of State?
To apply for a California state trademark, you must complete and submit an application form with specimens of your mark and the required fee to the California Secretary of State. This registration pro...
What is the process for paying the annual $800 minimum franchise tax for my California LLC?
You must pay the $800 annual minimum franchise tax directly to the California Franchise Tax Board (FTB) each year. This tax is due by the 15th day of the fourth month of your LLC's taxable year. Here...
How do I properly file the required annual Statement of Information for my California LLC or corporation?
You file your Statement of Information online through the California Secretary of State's bizfile Online portal. This filing is required annually for corporations and every two years for LLCs. Here i...
Where do I file a complaint against a licensed contractor who performed substandard work for my business in California?
You should file a complaint against the licensed contractor with the California Contractors State License Board (CSLB). This is the state agency responsible for licensing and regulating contractors. ...
How do I file a complaint against another business for unfair competition with the California Attorney General's Office?
To file an unfair competition complaint against a business, you must submit a formal complaint form with supporting evidence to the California Attorney General's Public Inquiry Unit. This can be done ...
How do I respond if my business receives a formal cease and desist letter in California?
Upon receiving a formal cease and desist letter, do not ignore it, but also do not respond immediately or without legal guidance. Your first step should be to preserve all relevant evidence and contac...
What are the required steps to properly wind down and dissolve a California S-Corporation?
To properly dissolve a California S-Corporation, you must file dissolution documents with the Secretary of State, cease business operations, pay all debts and taxes, and distribute remaining assets to...
How do I formally dissolve my California LLC with the Secretary of State and the Franchise Tax Board?
To formally dissolve your California LLC, you must complete the winding-up process, satisfy your obligations with the Franchise Tax Board (FTB), and file a final cancellation document with the Secreta...
What is the step-by-step process for filing a claim in California's small claims court to collect on an unpaid invoice?
To collect on an unpaid invoice in California, you must first demand payment, then file a claim form with the correct local court, officially notify the person you are suing, and finally, present your...
When exactly must I deliver a final paycheck to an employee who quits versus one who is fired in California?
In California, you must provide a final paycheck immediately if you fire an employee, but you have 72 hours if they quit without notice. Here is how to determine the exact deadline. Step 1: Determine...
What specific documents must I provide to a departing employee on their last day of work in California?
On an employee's last day, California law requires you to provide their final paycheck along with several specific state-mandated notices. Failure to provide these documents on time can lead to signif...
What are the legal steps to terminate an "at-will" employee in California to minimize the risk of a lawsuit?
To terminate an at-will employee in California, you must follow a structured process to ensure the termination is based on a lawful reason and that all final wage obligations are met immediately. This...
How do I obtain the required workers' compensation insurance for my business in California?
To secure workers' compensation insurance in California, you must purchase a policy from a licensed insurance company or the state's designated fund before you hire your first employee. The process in...
What is the correct procedure for providing legally compliant meal and rest breaks to my employees in California?
You must provide non-exempt employees with timely, uninterrupted, duty-free meal periods and paid rest breaks. Here is the correct procedure to follow to remain compliant with California law. Step 1:...
How do I properly calculate and pay overtime for a non-exempt employee according to California law?
To properly calculate and pay overtime in California, you must determine the employee's "regular rate of pay" for the workweek, apply the correct overtime multiplier (1.5x or 2x), and include the paym...
What specific posters am I legally required to display in my physical workplace in California?
California employers must display numerous state and federal posters covering wages, safety, and non-discrimination in a conspicuous location accessible to all employees. Here is how to ensure you are...
How do I set up payroll to correctly withhold state income taxes and other required deductions for a California employee?
To correctly set up payroll in California, you must register as an employer with the Employment Development Department (EDD) and use the employee's state tax form (DE 4) to calculate and remit require...
What is the step-by-step procedure for legally hiring my first employee in California?
Hiring your first employee in California requires you to complete several key registration, insurance, and reporting steps with both federal and state agencies. Here is the step-by-step procedure: S...
How do I correctly calculate, collect, and remit sales tax for products sold within California?
To correctly handle California sales tax, you must obtain a seller's permit, calculate the tax rate based on the delivery location, collect the tax from the customer, and remit it to the state on a se...
What legal points should I verify before signing a commercial lease agreement in California?
Before signing a California commercial lease, you must verify the written terms for rent, maintenance, use, and exit strategies, ensuring they match all verbal agreements and comply with state and loc...
How do I make my small business website compliant with the California Consumer Privacy Act (CCPA/CPRA)?
To make your website compliant with California privacy law, you must determine if the law applies to you, inform consumers about your data practices, and provide them with methods to exercise their pr...
What are the essential clauses I must include in a simple service contract to make it legally enforceable in California?
To create a legally enforceable simple service contract in California, you must clearly define the parties, the services, the payment terms, and obtain signatures showing agreement. Here are the essen...
How do I determine if a worker is an employee or an independent contractor under California's AB 5 test?
Under California law, you must presume a worker is an employee unless you can prove their work meets a strict, three-part standard known as the "ABC test." Here is how to determine a worker's status:...
What documents do I need to prepare to properly file Articles of Incorporation with the California Secretary of State?
To properly file Articles of Incorporation in California, you need to prepare the Articles of Incorporation form, designate an agent for service of process, and submit the correct filing fee. Here is...
How do I legally convert my existing California sole proprietorship into an LLC?
To convert your California sole proprietorship into an LLC, you must form a new LLC and formally transfer the assets and operations of your old business into it. California law does not provide a dire...
What are the legal steps to follow when choosing and reserving a name for a new corporation in California?
To reserve a corporate name in California, you must confirm the name is available and not misleading, then submit a formal reservation request to the California Secretary of State. This action holds t...
How do I apply for a federal Employer Identification Number (EIN) for my new California business?
You can apply for a federal Employer Identification Number (EIN) for free directly from the IRS, most easily through their online application. Here is a step-by-step guide to the process. Step 1: Det...
What is the complete process for obtaining a Seller's Permit from the California Department of Tax and Fee Administration (CDTFA)?
Obtaining a Seller's Permit requires you to register your business with the California Department of Tax and Fee Administration (CDTFA) before you start making sales. The process is free and can typic...
Where can I find out which specific business licenses and permits my city or county requires in California?
To find your specific city or county business license requirements, you must contact your local city and county government offices directly or use the state's CalGold online portal. The exact permits ...
What are the step-by-step requirements to form a Limited Liability Company (LLC) in California?
To form a California LLC, you must file Articles of Organization with the Secretary of State, create an operating agreement, and fulfill initial and ongoing state filing and tax requirements. Here are...
How do I register a Fictitious Business Name (DBA) for my sole proprietorship in California?
To register a Fictitious Business Name (DBA) for your sole proprietorship in California, you must file a statement with your county clerk, publish it in an approved local newspaper, and file proof of ...
Legal Disclaimer
The information provided on this page is for general informational purposes only and does not constitute legal advice. Laws and regulations may change, and individual circumstances may vary. For specific legal issues, please consult with a qualified attorney licensed in California.