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PDF Editor FAQ

What law should I know before starting a company?

First and foremost, you need to know if your intended product or service is legal, and if there are specific legal requirements for practicing that kind of business in your jurisdiction. For example, you may need formal qualifications in order to practice in many professions; doctor, lawyer, optician, accountant etc..You also need to be aware of the potential liability and safety issues around your product or service and how you can protect the business and minimise the risks to the consumer.After that, you need to understand the applicable tax and governance laws of the location in which you will establish the business. You need to be aware of what reporting requirements there are and how you remain tax compliant.Then, if you plan to employ other people, you need to understand employment laws and health and safety laws.Note, I recommend that you are aware of the appropriate legislation, and where possible, that you understand at least the basics. Beyond that, you are better off seeking advice from experts in the area as to how you comply with the requirements in your location. I would, at a minumum, speak to a good business lawyer and a good accountant.Good luck ! :)

Is it normal to be expected to work unpaid overtime?

The questions that encompass the legalities of overtime is not as easy as it may seem and a simple yes or no won't suffice. In order for the overtime to qualify as a valid one or when an employee should be compensated for the overtime rendered, it should be within the clause of the following considerations:Reasonable OvertimeAs an employee, you need to understand when it is reasonable to go on overtime and when you can say no. There should be a mutual understanding between the employees and employers in terms of the overtime requirements. On the employer’s side, it is imperative that you assess an unfair dismissal and understand your liabilities if you terminate an employees’ contract for refusing overtime. Sydney business lawyers enumerate these factors that can affect the consideration of reasonable overtime:Health and safety issues and risk associated with the overtime;The businesses requirements at that time;The employee’s personal situation wherein he or she is required to notify his or her superior;If the employee has been given notice as to the overtime being required; andThe industry-specific expectations and norms.When Employees Are Required To PayThe question that everybody’s curious about - it's it legal for employers to pay their employees an overtime rate? The answer lies within the context of the Award, enterprise agreement or another registered agreement. These agreements set out the overtime requirements and pay rates as well as the amount of time that the employee is allowed to work without taking a break.Why Isn't An Employee Paid?Employees can render overtime without being paid - and that's not illegal as long as the employer presents that such a policy is not in breach of the Fair Work Act 2009 or an enterprise agreement. Professionals encourage employees to carefully read the content of the Award or enterprise agreement and understand the policies included. In case you deem that your rights as an employee are being violated, don't hesitate to ask compensation lawyers for professional assistance.

What is legal risk?

Legal risk is the amount of exposure a venture has to (1) litigation and (2) regulatory compliance problems.Litigation risk is the likelihood that the business will be sued. Lawsuits cost money but are often a cost that can be managed with insurance (malpractice liability insurance, D&O liability insurance). Other times, litigation is simply to be expected but is worth it, i.e. the business makes enough to pay for the litigation and still thrive. Examples of litigation risk include Toyota's risk of being sued for defective vehicles causing injury and death, a newspaper's risk of being sued for libel, or an electronics company's risk of being sued for patent infringement.The other major type of legal risk is regulatory compliance risk. This is the risk that your businesses operation violates a law in some way, or is subject to complex, strict regulation.The most obvious business operation that violates a law is drug dealing (with insider trading a close second), but much less extreme examples demonstrate that businesses can succeed while violating regulations. Uber, for example, generally disregards passenger cab regulations in every country they expand to. They have to deal with governments all over the world trying to shut them down, and spend millions (billions?) to get the regulations changed. In that regard, Uber deals with a great deal of regulatory compliance risk.Regulatory compliance risk can also arise from strict, technical regulations. This is usually found in industries requiring a high degree of technical skill which impact public health, safety and welfare. Examples include broadcasting (FCC compliance), aviation (FAA), and pharmaceuticals (FDA). Operating in any of these spaces requires expertise and constant government approval. In these industries, if you slip up, the Feds will know and you'll need a lawyer.The bottom line is that every business needs to understand the amount of legal risk involved in their operation and develop a strategy to minimize legal expenses.

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