Business-To-Business Entity

Business-to-Business Entity

Joe operates LawnScapes Plus, a commercial landscape and tree trimming business in Woodbury, Minnesota. His business focuses primarily on the maintenance of lawns and trees for a wide-range of commercial customers -- churches, resorts, retail centers, and corporate campuses. Services include landscaping, landscape maintenance (trimming, mowing, seasonal plant exchanges, sprinkler system maintenance, raking and thatching), and tree trimming. In addition to the landscape and tree trimming services, Joe occasionally rents his equipment to his clients. To help increase revenue, Joe would like to incorporate a rental service as part of his business and promote the service to the landscape and tree-trimming consumer. Joe's business is very successful and has a substantial client base to keep him and his 50 workers busy 6 out of 7 days a week. However, the work is seasonal and Joe experiences high employee turnover.

Joe's vision is to be a recognized leader in the commercial landscaping and tree trimming market by promoting the use of natural landscaping. The goal of his company is to ensure that landscape investments are maintained and appreciated through proper care.

Joe is interviewing business professionals to help him manage his business. He will hire an attorney for any and all legal assistance. Joe will purchase property insurance and liability insurance to cover his assets, and he will purchase accounting software programs to help manage the books. If revenue increases he will hire an accountant. To attract and retain a customer base, Joe will work with an advertising agency to develop a lawful marketing and advertising strategy. This will be especially helpful when developing his rental equipment business.

Because Joe's employees are seasonal he may consider transitioning his staff from a permanent to a contract status to increase flexibility and control costs. Joe will review this option with his attorney and develop a strategic human resource plan and set strategies for a more flexible workforce. This option may help Joe manage his insurance and benefits costs.

Many legal and regulatory issues impact Joe's business. Therefore, Joe must be knowledgeable about the various business laws and regulations to ensure he and his workers are compliant. Environmental, health and safety, employment law, contracts, and city, state and federal regulations are just a few of the laws and regulations that need to be considered when doing business.

Environmental, Health and Safety -

1. Use regionally native plants for landscaping

2. Seek to prevent pollution by reducing fertilizer and pesticide use, using integrated pest management techniques, recycling green waste, and minimizing runoff.

3. Implement water-efficient practices such as the use of native plants that conserves water and controls soil erosion.

4. Comply with the Federal Clean Water Act.

5. Comply with Federal OSHA General Industry Standards for equipment, waste management, pesticides, digging, and tree trimming.

6. Comply with standards for head, eye, ear, and face protection.

City, State and Federal Regulations

1. Plant native species and natural plantings of wildflowers and prairie grasses to help conserve water use.

2. Follow watering restrictions.

3. Comply with site distance regulations at intersections.

4. Apply for appropriate permits.

5. Follow irrigation system regulations.

6. Storm water pollution program

7. Soil erosion prevention

Employment Law

Employment law covers all rights and obligations within the employer-employee relationship -- between employers and current employees, job applicants, or former employees. Because of the complexity of employment relationships and the wide variety of situations that can arise, employment law involves legal issues as diverse as discrimination, wrongful termination, wages and taxation, and workplace safety (Find Law, 2005).

All employees have basic rights in the workplace -- including the right to privacy, fair compensation, and freedom from discrimination. A job applicant also has certain rights even prior to being hired as an employee. Those rights include the right to be free from discrimination based on age, gender, race, national origin, or religion during the hiring process (Find Law, 2005).

Important employee rights include:

* Right to privacy

* Right to be free from discrimination and harassment of all types;

* Right to a safe workplace free of dangerous conditions, toxic substances, and other potential safety hazards;

* Right to be free from retaliation for filing a claim or complaint against an employer

* Right to fair wages for work performed.

Employers have an obligation to follow federal and state employment and labor laws -- including those pertaining to discrimination, fair pay, employee privacy, and safety in the workplace. The employer's legal obligations do not only pertain to hired employees, but extend to job applicants as well (Find Law, 2005).

Federal Laws

Title VII

* Applies only to employers with 15 or more employees.

* Prohibits employers from discriminating in the hiring process based on race, color, religion, sex or national origin.

American's With Disabilities Act (ADA)

* Defines a disability as a physical or mental impairment that substantially limits one or more major life activities.

* Prohibits discrimination against a person with a qualified disability.

* Provides that if an individual with a disability can perform essential functions with or without reasonable accommodation, that person cannot be discriminated against on the basis of their disability.

Age Discrimination in Employment Act

* Prevents employers from giving preferential treatment