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Published: 04 Nov 2008 04:43:14 PST

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United States

Operating a business

Setting up a company

Legal business entities

Different types of companies Number of partners/shareholders Maximum and/or minimum capital Liabilities Registration fees
A sole proprietorship 1 person No minimum legal capital. The owner is liable for the company's debt Lower expenses as compared to a Private Limited Company
A General Partnership At least 2 partners. No minimum legal capital. The General Partner is personally liable, with no limitation, for the company's debts and obligations. Lower expenses as compared to a Private Limited Company
Limited Partnership In addition of general partners there is one or more limited partners No minimum legal capital The General Partner is personally liable, with no limitation, for the company's debts and obligations Lower expenses as compared to a Private Limited Company
Limited Liability Partnership At least 2 partners No minimum legal capita All partners have a form of limited liability
A Public Limited Company (PLC) At least 2 partners. No minimum legal capital. At least 1 of the partners is liable for the company's debt and obligations. The other partners' liability is limited to the value of the capital contributed. Lower expenses as compared to a Private Limited Company
A Private Limited Company At least 2 partners. No minimum legal capital. Liability is limited to the value of the capital contributed. Approximately 276 USD not including legal fees.
A Corporation half way between a joint stock company and a Private Limited Company No minimum. No minimum legal capital. Liability is limited to the value of the capital contributed. Approximately 276 USD not including legal fees.

Business setup procedures
The status are composed of a Certificate of Incorporation and of (by-laws). The corporate name must be registered, by checking that it is not being used in the State or in the state(s) where the company intends to do business.
The competent organization
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.

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Working conditions

Legal weekly duration
40 hours
Retirement age
65 years.
Working contracts
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.

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Cost of labor

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 USD818
Social contributions
Social security contributions paid by employers: 7,65% (medicare + social security), 6.2% Unemployment
Social security contributions paid by employees: 7,65% (medicare + social security)

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Social partners

Bargaining power
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.
Unions
Unions
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%
Labor regulation bodies
Department of Labor
U.S. Bureau of Labor Statistics

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Source: FITA

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