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flag United States United States: Operating a Business

Legal Forms of Companies | The Active Population in Figures | Working Conditions | The Cost of Labor | Management of Human Resources

Legal Forms of Companies

Types of Companies and Capital (Max/Min) Number of Partners/Shareholders and Liability
A sole proprietorship
 
No minimum legal capital.
1 person
 
The owner is liable for the company's debt
A General Partnership
 
No minimum legal capital.
No limit on the number of partners
 
The General Partner is personally liable, with no limitation, for the company's debts and obligations.
Limited Partnership
 
No minimum legal capital
In addition of general partners there is one or more limited partners
 
The General Partner is personally liable, with no limitation, for the company's debts and obligations
Limited Liability Partnership
 
No minimum legal capita
No limit on the number of partners
 
Limited Liability
A Public Limited Company (PLC)
 
No minimum legal capital.
No limit on the number of partners
 
Liability is limited to the value of the capital contributed.
A Private Limited Company
 
No minimum legal capital.
No limit on the number of partners
 
Liability is limited to the value of the capital contributed.
A Corporation half way between a joint stock company and a Private Limited Company
 
No minimum legal capital.
No limit on the number of partners.
 
Liability is limited to the value of the capital contributed.
 
Enterprises Federation
Administration of Small and Medium Enterprises
National Association of Manufacturers
Search a Company or a Financial Report
USPTO, United States Patent and Trademark Office
 

Business Setup Procedures

Setting Up a Company United States OECD
Procedures (number) 6.00 5.60
Time (days) 6.00 13.80

Source: Doing Business.

 
For Further Information
Consult Doing Business Website, to know about procedures to start a Business in United States.
U.S. State Corporations Databases
The Competent Organization
The U.S. Securities and Exchange Commission. The certificate of incorporation, also called Doing Business AS (DBA) must be registered with the Trade Register of the State where the company is located. Only General Partnerships do not need to be registered.
 

Recovery Procedures

Principle
See U.S Code Chapter 11 - Bankruptcy
Minimum Debt-to-Capital Ratio Triggering Liquidation
See U.S Code Chapter 11 - Bankruptcy
Bankruptcy Laws
See U.S Code Chapter 11 - Bankruptcy
Reorganization and Rehabilitation Laws
See U.S Code Chapter 11 - Bankruptcy

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The Active Population in Figures

2010
Labor Force 154,900,000

Source: CIA - The world factbook

 
20092010
Total activity rate -65.00%
Men activity rate 71.90%-
Women activity rate 58.40%-

Source: UN - United Nations

 
Employed Persons, by Occupation (% of Total Labor Force) 2007
Management, professional, and related occupations 34.4%
Service Occupations 15.6%
Sales and Offices occupations 25.0%
Natural resources, construction, and maintenance 12.5%
Production, transportation, and material moving occupations 12.5%

Source: US Census Bureau

 
For Further Statistics
U.S Bureau of Labor Statistics
For Further Information About the Labor Market
U.S Bureau of Census

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Working Conditions

Opening Hours
 
  • Legal Weekly Duration
40 hours.
  • Maximum Duration
None. The standard workweek is 40 hours, although many salaried positions (held by workers who are paid weekly or monthly, not by the hour) entail standard workweeks in excess of 40 hours. For hourly employees who work more than 40 hours, overtime pay equal to one and one-half times regular salary is standard.
Working Rest Day
2 days a week.
Paid Annual Vacation
2 weeks vacation per year and 2 weeks sick leave.
Retirement Age
65 years.
Child Labor and Minimum Age For Employment
16 years.
Informal Labor Market
Informal labor market is developed due to the high level of illegal immigration.

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The Cost of Labor

Pay

Minimum Wage
The federal minimum wage for covered nonexempt employees is USD5.85 per hour effective. Many states also have minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.
Average Wage
Weekly average wage in USA is USD 818.
Other Forms of Pay
  • Pay For Overtime
Overtime pay one-half their regular rates of pay. Almost all employees who make less than USD455 a week (USD23,660 a year) are eligible for overtime
  • Pay For Rest Days Worked
One-half their regular rates of pay.
  • Pay For Night Hours
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee
  • Pay For Overtime at Night
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee
 

Social Security Costs

The Areas Covered
Social security and Medicare taxes, also known as FICA taxes must be withheld from your employees' wages. As an employer, you must also pay a matching amount of FICA taxes for your employees.

For Social Security, the employer must withhold 6.2% of an employee's wages and pay a matching amount in social security taxes until the employee reaches the wage base for the year. The total is 12.4% for the employee and the employer.

For Medicare, the employer must withhold 1.45% of an employee's wages and pay a matching amount for Medicare tax. The total is 2.9% for the employee and the employer.

Each employer also must pay State and Federal Unemployment Taxes (SUTA and FUTA). The FUTA rate is 6.2%.

Contributions
Contributions Paid By the Employer: 7,65% (medicare + social security), 6.2% Unemployment
Contributions Paid By the Employee: 7,65% (medicare + social security)
Competent Organization
Social Security

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Management of Human Resources

 

Recruitment

Method of Recruitment
The recruitment process takes place more and more via Internet. Selection is made on the basis of a job interview.
Recruitment Agencies
There are three types: employment agency, executive recruitment, temporary staffing firm.
Recruitment Websites
American Staffing Association
Monster
Career Builder
The Ladders
 

The Contract

Type of Contract
The contract determines if the employee is part of the regular or non-regular staff. Full time employees form the regular staff. Among the non-regular staff, there are different types of contract: part-time workers, temporary workers, Interns.
Breach of Contracts
 
  • Retirement
It can take several forms: general resignation, resignation for one’s own convenience, resignation by agreement, resignation by employee’s request, voluntary retirement.
  • Dismissals
In a wrongful dismissal context, this can justify an employer in summarily dismissing an employee.
A serious breach allows the other party to repudiate. In a statutory dismissal context, it can make it more difficult to determine who terminates the employment contract (and hence whether there is a dismissal at all).
  • Other Possible Methods
  • employee resignation on the appropriate notice;
  • employee retirement;
  • the expiry of a fixed-term contract; and
  • the completion of the task for which the contract was concluded.
Labor Laws
The Social Law Library
US Department of Labor
 

Social Partners

Social Dialogue and Involvement of Social Partners
Today most labor unions in the United States are members of one of two larger umbrella organizations: the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) or the Change to Win Federation, which split from the AFL-CIO in 2005.
Unionization Rate
Union Membership had been steadily declining in the US since 1983. In 2007, the labor department reported the first increase in Union memberships in 25 years and the largest increase since 1979. Most of the recent gains in union membership have been in the service sector while the number of unionized employees in the manufacturing sector has declined. Most of the gains in the service sector have come in West Coast states like California where union membership is now at 16.7% compared with a national average of about 12.1%
Unions
Unions
Regulation Bodies
Department of Labor
U.S. Bureau of Labor Statistics

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Learn more about Operating a Business in the United States on Globaltrade.net, the Directory for International Trade Service Providers.
 

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Last Updates: May 2012

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