Kenneth Allyn Sprang’s Answers

Kenneth Allyn Sprang

Washington Business Attorney.

Contributor Level 15
  1. Are we independent contractors? Are we inside sales or outside sales?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. David Thien Tran
    3. Michael Charles Doland
    4. Kenneth Allyn Sprang
    4 lawyer answers

    I have done a couple of webinars on this topic and looked at it pretty closely. I infer you work only for this company. If I were advising your employer I would advise that I think you are employees and neither the IRS nor the Department of Labor is likely to see you as independent contractors.

    4 lawyers agreed with this answer

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  2. Can a corporation have paid Officers and employees, but also have employees that aren't paid?

    Answered over 2 years ago.

    1. Robert John Murillo
    2. Anthony Matthew Vassallo
    3. Kenneth Allyn Sprang
    3 lawyer answers

    I would raise a big cautionary flag about having anyone who even looks remotely like an employee not being paid at least minimum wage. There are insufficient facts to provide a comprehensive answer, but the general rule is anyone who works gets paid at least minimum wage, absent certain internships and the like.

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  3. Can an LLC own another LLC ? If so, what are some reasons for doing this?

    Answered over 2 years ago.

    1. Kenneth Allyn Sprang
    2. Michael James Duffy
    2 lawyer answers

    Definitely. There are many reasons for structuring in that fashion. For example, I have a client who owns several restaurants. He raises money for each and sets them up as LLCs. I have suggested he form a parent LLC or corporation which will be a member of each of the other LLCs and he can raise money through the parent for all of his restaurants. Often real estate investors will set each property in a separate LLC and have the master LLC act as a member of all the other LLC's....

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  4. How do you get rid of a picketer

    Answered over 2 years ago.

    1. John Warwick Caldwell
    2. Kenneth Allyn Sprang
    3. Edward Jacob Sternisha
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    Generally, people can picket on public property though not on private property. You could get a court order limiting the area where he can picket, but that may be difficult with only one person. If his signs say something defamatory and untrue you might have a claim for defamation. Picketing is not protected as much as pure speech, e.g., handbills, so if he interferes physically with your business you can probably stop him. However, so long as his picketing is peaceful your options are...

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  5. Are there measurable benefits for a small one man (with 1 +/- employees) business to becoming a single partner LLc?

    Answered over 2 years ago.

    1. Kenneth Allyn Sprang
    2. Robert John Murillo
    3. Melissa D. Lenhard
    3 lawyer answers

    You should definitely consider becoming an LLC or an S corporaiton. You do not say the type of business you are in. However, the LLC or S corporation insulates you from personal liability for acts or omissions of the business. If you are hiring an employee you have all the more reason for moving to a business organization structure. In my view in this litigious society every business should be run as an LLC or as an S corporation. A single member LLC costs very little to create and the...

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  6. This again is about a Pro Bono Attorney

    Answered almost 3 years ago.

    1. Kenneth Allyn Sprang
    2. Timothy Allan Berger
    3 lawyer answers

    If you do not have any luck with your local legal services entity, let me know. I am happy to look at what you have and give you my opinion of your claim. Ken

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  7. Should I use my PA LLC to operate in NJ during the summer or form an additional NJ LLC?

    Answered over 2 years ago.

    1. Tyler Benjamin Christ
    2. Jan Matthew Tamanini
    3. Kenneth Allyn Sprang
    4. Christopher Edward Ezold
    4 lawyer answers

    There is no need to form two entities. You can operate your PA LLC in NJ and you have already anticipated filing as a foreign LLC. There is no double taxation. You will likely have to file returns in both states and I anticipate that you will pay tax on the income earned during the summer to NJ and tax to PA for the rest of the year. There is a great deal of the activity you describe across those state lines, so the cooperation is pretty well established.

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  8. Can my step-brother who is Trustee over my father's assets live in my father's home? Would that be a gift to himself as Trustee

    Answered over 2 years ago.

    1. Kenneth Allyn Sprang
    2. Brian Coleman Kelly
    3. Steven J. Fromm
    3 lawyer answers

    There are multiple issues here. First, is your Dad permanently in the nursing home--I assume so. The Trustee of the trust arguably should be leasing the property to generate income for the trust or, depending on the terms of the trust, selling the property. Second, when did your Dad create the trust? Whom did he name as trustee? Generally absent agreement with the trustor (your Dad), the court should appoint the trustee. The financial consultant would have no authority to do so. It...

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  9. Does subsidiary company have to be incorporated?

    Answered over 2 years ago.

    1. Kenneth Allyn Sprang
    2. Robert Forman Smith
    3. Gregg David Josephson
    3 lawyer answers

    First, almost by definition a subsidiary is a corporation or a limited liability company. Depending on the nature of your business ventures, I would strongly urge the use of one or more corporate or LLC subsidiaries for your various activities. There are multiple reasons. perhaps the most significant is that you limit liability to the assets of each company. If any of your ventures expose you to potential liability from dissatisfied customers, injury to others, etc., you would be wise to...

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  10. What limitations/speed bumps do I face trying to do business in Germany?

    Answered 10 months ago.

    1. Alexander Joseph Segal
    2. Giacomo Jacques Behar
    3. J Charles Ferrari
    4. Kenneth Allyn Sprang
    5. Christian K. Lassen II
    5 lawyer answers

    Initially I am curious about your restaurant in Dayton. I lived in Dayton for several years while teaching at the University of Dayton law school and later practicing in Dayton. To your question, however, whether you can open and operate a restaurant in Germany is a question of German law. I assume you will emigrate to Germany to operate the restaurant. There is certainly no prohibition in U.S. law with regard to your proposal. Our firm does a great deal of work with American companies...

    4 lawyers agreed with this answer