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1. Think of at least one item in each of these areas that may
impact your client's business. Then, explain how your client
could respond to or plan for threats and opportunities to your
business in each area of the PESTLE analysis.
2. Do the same as instructed in part 1, except complete the
analysis using the Miami University Regional campuses as the
focus.
16 Need-to-Know Small Business
Regulations
Gretchen Schmid
Original Source
Have you ever worked in an office with a poster that said
“Employee Rights Under the
Fair Labor Standards Act,” or maybe one that said “Equal
Employment Opportunity Is
the Law”?
Did you wonder why it was there?
It wasn’t just for wall decoration: Employers are often legally
required to place these
posters in plain sight, depending on the structure and type of
their business. That’s just
one of the many regulations—meaning a legal rule issued by a
government agency—
that can affect a small business.
Consider this: The Code of Federal Regulations, a document
published each year by
the federal government that lists all areas subject to regulation,
is divided into 50 broad
subsections. It’s no surprise that small business owners often
feel overwhelmed and
disheartened about the number of governmental regulations
imposed on their business!
We’ve put together a guide to 16 of the most common types of
regulations that you
need to consider when setting up and running your small
business, from overtime pay to
health insurance to antitrust laws.
Setting Up Your Business
1. Size regulations
https://www.fundera.com/blog/small-business-regulations
First of all, you need to determine whether your small business
is actually a small
business in the eyes of the federal government.
Why does that matter?
Because all the programs created by the Small Business Act in
1953 to help small
businesses, like loans, counseling, and contracts, are only
available to businesses that
fit the size standards.
These standards differ from industry to industry: Some are
based on number of
employees, while others are based on the business’s finances.
2. Licenses and permits
Does your business sell alcohol or firearms, operate oversize
vehicles or planes, import
or export animals, plants, or animal products, or broadcast
information via radio? You’ll
need to apply for a federal permit.
If none of those apply to you, you’re not necessarily off the
hook: Depending on your
state, you may need to apply for a state license or permit.
Selling goods often requires a
sales tax license, for example, while operating a veterinary
clinic or a hair salon might
require a professional license.
Almost every business needs some sort of license or permit to
operate legally—the
tricky part is figuring out which ones you need. Check out the
SBA’s directory of state
license requirements and their guide to federal licenses for more
information.
Taking Care of Your Employees
3. Overtime
The Fair Labor Standards Act ensures that non-exempt white-
collar workers must be
paid time-and-a-half for any hour worked in excess of 40 per
week. And in 2016, the
salary threshold that separates exempt from non-exempt workers
basically doubled: It’s
now $47,476.
This means that any employee (although not independent
contractors) who makes
$47,476 or less must be paid for their overtime hours. (This
same law makes it illegal to
hire workers under the age of 18 for any work deemed
“dangerous,” and restricts the
number of hours that children under the age of 16 can work per
week.)
And yes, this is the same act that’s responsible for those
posters! If you have
employees who are protected by the FLSA, you also have to
display the poster where
everyone can see it.
4. Job-protected leave
If you employ more than 50 people, then they’re each entitled to
have up to 12 weeks of
job-protected, unpaid leave during any year for maternity or
paternity leave, medical
leave, or medical leave for a family member, thanks to the
Family and Medical Leave
Act.
If the medical leave is for a family member who’s in the
military, then the employee can
take 26 weeks to care for him or her.
5. Minimum wage
Okay, this is an obvious one, but we’ll put it out there anyway:
You’re required to pay
your employees, and you’re required to pay them at least $7.25
an hour, which is the
federal minimum wage established by the Fair Labor Standards
Act. (There are a
couple of exceptions to this: Tipped employees can be paid a
lower base rate, and
employees in states with a higher state-level minimum wage
must be paid the higher
rate.)
6. Providing health insurance
One of the provisions of the Affordable Care Act is that small
businesses that employ
more than 50 people are required to provide health insurance for
their employees,
according to the Employer Shared Responsibility Provisions.
Those businesses are also
required to report, at tax time, basic information about the
insurance they’ve offered
their employees to the IRS. (There are plenty of reasons why
you should offer health
insurance even if you employ fewer than 50 people, too!)
7. Workers’ comp
As soon as you hire your first employee, you’re legally
obligated to purchase insurance
for workers’ compensation, also known as “workers’ comp.”
Although workers’ comp is an extra expense, it protects both
you and your employee in
the case of an accident on the job: The employee will receive
medical care and
compensation for some of the income they lose while injured,
while you will be
protected from a lawsuit from the injured worker.
Specific workers’ comp systems vary from state to state, so you
need to visit your
state’s office (find a directory here) to find more detailed
information.
8. Workplace safety
Of course, thanks to the safety standards and requirements set in
place by the
Occupational Safety and Health Administration, you and your
workers are much less
likely to ever cash out on your workers’ comp.
Even if your workplace is a 9-5 office, where the most
dangerous thing that happens
every day is replacing the jug in the water cooler, you’re
subject to OSHA requirements
like having action plans in place for fires or emergencies in the
buildings.
You’ll also need to have a first-aid kit and make sure that your
walking surfaces are
safe. (Yes, we’re serious: Falls, whether from heights or flat
ground, are a leading cause
of serious work-related injuries and deaths, reports the OSHA.)
If you’re in the construction or health care field, you’re subject
to much more stringent
requirements, like standards for the stability of scaffolding and
procedures to limit
exposure to blood. (There’s an OSHA poster, too.)
Running Your Business
9. Paying taxes
The federal tax code is a highly complex and constantly
changing system, but as a
small business owner, you’ve got no choice but to pay up.
You’re responsible for paying federal taxes, including tax on
the income that your
business brings in, self-employment tax if you’re self-
employed, and employment tax if
you employ others, plus additional excise taxes depending on
your industry. You’re also
responsible for state and local taxes, which differ by state.
You can find more information about the taxes for which your
business is responsible
here, but our advice is to hire an accountant—preferably a CPA.
10. Classifying your employees correctly
One of the biggest causes for tax roll audit of a small business
is that an employee has
been misclassified as an independent contractor, which brings
us to our next regulation:
classifying your employees correctly.
This can actually be a lot trickier than you might think!
Generally, independent
contractors are considered self-employed, but that classification
can be vague—
especially when you bring full-time interns or temporary
workers into the mix.
The IRS uses three categories—financial, behavioral, and
relational—to determine
whether someone who works for you is an employee or a
contractor. If you misclassify
an employee as an independent contractor (which can be
tempting, since employers
don’t need to pay taxes on independent contractors), you can be
subjected to fines.
11. Reporting pay data
If you employ more than 100 people (or more than 50 if you’re
a federal contractor),
you’re required to report how much you pay each of them,
broken down by their
race/ethnicity, job category, and gender, to the Equal
Employment Opportunity
Commission each year.
This is to ensure that you’re complying with federal
nondiscrimination laws (i.e., that
you’re not paying a woman significantly less than a man with
exactly the same job title
and responsibilities). The report, which is known as the EEO-1
form, has to be
submitted by the end of each September. Find out more here.
(This one’s got a poster,
too.)
12. Protecting the environment
The Environmental Protection Agency regulates the ways in
which small businesses
release pollutants and deal with hazardous materials.
Think about how every aspect of your business affects the
environment: Are you using
toxic materials to fix, clean, or improve something for a
customer? How are you
disposing of those materials afterward? Are you pouring
anything down a drain that
feeds into a body of water? This one’s pretty complex, so let’s
break it down into a few
major acts with regulations that affect small businesses:
• The Clean Air Act regulates the pollutants that you release
into the air. It could be
applicable for businesses that work with paints or dyes or have
boilers or
furnaces.
• The Clean Water Act makes sure that you’re not dumping
contaminated water
into the ground or the street.
• The Resource Conservation and Recovery Act sets
requirements for handling
hazardous chemical waste, from pesticides to washing fluids to
medical waste.
For more information on any of these, you can check out the
Small Business
Administration’s environmental regulation resource page.
13. Collecting sales tax via the Internet
If you operate an e-commerce site, the way in which you collect
sales tax is regulated
differently than for someone who runs a brick-and-mortar store.
Instead of charging someone both local sales and state tax, as
you would in a store,
you may only need to collect state tax. It depends on whether
your business also has a
physical presence, whether a state, office, or warehouse
(known, in legal terms, as a
“nexus”).
If your business has a nexus, you need to collect sales tax;
otherwise, you’re
responsible only for state tax. Of course, if you live in Alaska,
Delaware, Hawaii,
Montana, New Hampshire, or Oregon, you wouldn’t need to
collect sales tax anyway—
those states don’t have sales tax—and depending on what you’re
selling, you may be
exempt to begin with.
14. Antitrust laws
You might think that “antitrust” only has to do with major
companies, like Microsoft or
Apple, but this is a common misconception. Small businesses
are responsible for
following antitrust laws, too, especially if there aren’t that
many competitive products or
services.
You’re not allowed to fix prices, divvy up markets, or boycott
suppliers, according to
antitrust laws, nor can you make any attempt to monopolize
your marketplace through
practices like predatory pricing or “tying,” which means that
you force a customer who
wants only one product to buy two instead.
As an example: If you run one of two landscaping companies in
your town, and you
know the woman who runs the other landscaping company, the
two of you are not
allowed to decide together on a minimum price for your services
(no matter how friendly
it might seem!). That would be a violation of the Sherman Act,
which is the country’s
main antitrust law.
You can read more about antitrust laws on the Federal Trade
Commission’s website.
Promoting Your Business
15. Advertising truthfully
If you market or advertise your product—and you probably
do!—then you’re not allowed
to lie about what it does.
The FTC oversees marketing and advertising law, and customers
who suspect that a
product is being dishonestly advertised can report it to the FTC.
On their website, they provide a list of ways to make sure that
you’re complying with the
law. For example, medical and health claims, as well as claims
that a product is “green,”
have to be backed up by science.
In general, the two main tenets of advertising law are that 1)
you’re telling the truth and
not misleading consumers, and 2) you can substantiate your
claims with proof.
If all your advertising passes those tests, you’re probably good
to go.
16. Email marketing
Similarly, if you use email marketing tactics, make sure you’re
complying with the CAN-
SPAM Act for commercial emails. (Yes, that’s the real name of
the act.)
This act includes a number of regulations. For example, you
have to include your
physical address in the email, and you must honor “opt-out,” or
“unsubscribe,” requests
from recipients.
Setting Up Your Business1. Size regulations2. Licenses and
permitsTaking Care of Your Employees3. Overtime4. Job-
protected leave5. Minimum wage6. Providing health insurance7.
Workers’ comp8. Workplace safetyRunning Your Business9.
Paying taxes10. Classifying your employees correctly11.
Reporting pay data12. Protecting the environment13. Collecting
sales tax via the Internet14. Antitrust lawsPromoting Your
Business15. Advertising truthfully16. Email marketing
1
Rethinking the Impact of Regulation on Small Businesses
John Kitching
Kingston University
Introduction: Regulation as a Business and Policy ‘Problem’
For more than 30 years, regulation has been perceived as an
important problem for policy-
makers in the UK, Europe, USA and beyond. Laws governing
employment, health and
safety, and the environment have attracted the opprobrium of
business owners and their
representative organisations, politicians and the media. Policy-
makers have sought to
develop regulatory policies that minimise the burdens such laws
impose on business,
particularly small firms, while ensuring fair, competitive
markets and safeguarding
employees, consumers and the environment.
Academic interest has both followed practitioner and policy
concern, and to some extent,
perpetuated it. International organisations frequently report on
the issue of regulation.
The World Bank issues an annual ranking of virtually all
nations with regard to the ease of
doing business, which is largely a commentary on each
country’s regulatory framework and
the support it lends to business (World Bank 2014). OECD has
developed an index for
assessing national approaches to employment regulation (OECD
2013). The World
Economic Forum Competitiveness report issues country
rankings with regard to the burden
of government regulation and many other features of the
regulatory environment, for
instance, property rights, intellectual property protection and
the efficiency of the legal
framework in settling disputes and in challenging regulations
(World Economic Forum
2014).
A large number of cross-national surveys have investigated the
links between regulation and
macro-level indices such as business start-up rates (e.g.
Djankov et al. 2002; Urbano and
Alvarez 2014) These surveys conventionally take some index
of regulatory quantity/quality
provided by the World Bank, Heritage Foundation or similar
organisation and correlate it
with measures of start-up. Typically, although not universally,
studies find negative
relationships between regulation and macro-level outcomes.
Such studies implicitly assume
that regulation impacts individual firms in an homogenous way
or are unable to specify the
mechanisms through which regulation produces particular
effects at the micro-level.
The eight papers included in this VSI reflect the substantial
interest in regulatory issues and
their impacts on small businesses. This brief introduction sets
the scene for the papers, all
published previously in ISBJ, by summarising their principal
arguments and framing them in
terms of larger framework for thinking about not only how
regulation impacts businesses
but also how it shapes wider market processes.
2
Compliance Costs – and Benefits?
Studies have conventionally focused on business owner
experiences of regulation-handling
and the presumed costs of compliance. Surveys of business
owners commonly identify
regulation as a major obstacle to growth or success (BIS 2013).
More sophisticated studies
estimate the costs of compliance and make the important point
that smaller enterprises find
it more costly or difficult to comply with regulations because
they are unable to spread the
costs across a wider base. As small firms typically lack market
power, or possess the
resources to withstand serious cost or demand shocks, the
compliance costs of regulation
are often perceived as imposing an opportunity cost on
resource-constrained small firms,
diverting their limited resources, time and energy to the
‘unproductive’ task of meeting
statutory requirements. Policy-makers have responded by
looking to reduce the
administrative burden of regulation in a variety of ways.
Chittenden et al. (2005) review the literature on the compliance
costs incurred by small
firms in relation to tax regulation in four countries – UK, USA,
Australia and New Zealand.
This paper does two things. One, it identifies the costs of
complying with regulation as
important burdens to which small firms are disproportionately
exposed; and, two, it
recognises the difficulties of developing accurate and
convincing measures that are
comparable across international borders. The disproportionate
costs borne by small firms
relative to large companies is confirmed for all four countries.
Lack of understanding of
regulatory requirements, frequent change and high fixed costs
were evident in all four
jurisdictions. Although compliance costs are widely regarded
as important, there is no
consensus regarding the extent of such costs for conceptual and
methodological reasons.
Differences in the definition of compliance costs, and variations
in methods used to
calculate them, the time periods covered and variable data
quality mean that it is difficult to
compare the results of different studies across international
borders.
Two studies examine the same regulation from the vantage point
of businesses in two
different industry sectors. The National Minimum Wage
(NMW) was introduced in the UK in
1999 amid a flurry of claims by critics that it would lead to
serious unemployment among
low-paid groups and push businesses relying low-paid labour
out of the market. Supporters,
in contrast, insisted that it might lead to business benefits as
firms streamlined and
formalised operations. Druker et al. (2005) investigate the
effects of the introduction and
first uprating of the NMW on hairdressing businesses; in
particular, the authors consider
whether the NMW constituted a ‘regulatory shock’, influencing
organisational change. They
found that the advent of the NMW did not act as a shock,
encouraging firms either to adopt
a more formalised approach to employment or to move
‘downmarket’, with greater
pressure on employees or on family members associated with
the business. The NMW was
one factor among many impacting on the way in which salon
owners evaluated and
positioned their business. Distinct types of employer response
were identified, indicating
that regulation generates a variety of impacts on firms,
including non-compliance; much
3
depends on existing practices, the precise demands made by
specific regulations and wider
market conditions. The authors conclude that employer
responses can be best understood
as reflections of existing management strategy and practices
rather than a trigger to adopt
new approaches.
Morris et al. (2005) explore the consequences of minimum wage
legislation for training and
other non-pay benefits on small businesses in the UK equestrian
sector. Contrary to
the conventional wisdom regarding the negative effects of
minimum wages on smaller
firms, a sizeable proportion of respondents were favourably
inclined to such measures,
particularly the more successful firms. Some employers offset
the cost of increased wage
bills arising from the NMW through readjustment of their
compensation packages, and
specifically a curtailment of benefits in kind, either prior to or
post the NMW, although the
financial impact on these firms was not significant. The debate
concerning the impact of
regulation on small firms has tended to focus on issues such as
employment, health and
safety and environmental law. Eierle (2008) extends the scope
of research into regulatory
issues by focusing on statutory financial reporting requirements
by investigating the
statutory financial reporting obligations of small firms (GmbHs)
in Austria. This article
analyses small firm compliance with statutory filing
requirements and their take-up of filing
concessions and revealed preferences for filing options. Take-
up of filing concessions differs
strongly between small and medium-sized GmbHs, suggesting
that some medium-sized
GmbHs expect net benefits from voluntary disclosures, whereas
small GmbHs tend to value
the costs arising from voluntary disclosures more highly than
the benefits associated with
them.
Prior studies treat regulation principally as a static and negative
influence, thereby
neglecting the full range of regulatory effects on business
performance. Regulation
generates contradictory effects, in part, directly through small
firm responses to the
regulations that place obligations on them and indirectly, via
the responses of the various
stakeholders with whom small firms interact and whose actions
affect them. Stakeholders
are a diverse group of market and non-market agents and
organisations including suppliers,
customers, competitors, infrastructure providers and regulatory
authorities. These
stakeholders are also regulated entities whose behaviour is
moulded by the legislative rules
to which they are subject.
Expanding our Conception of Regulatory Impacts
Kitching et al. (2013a) propose a broader framework within
which to study the dynamic,
multi-stranded influence of regulation on small business activity
and performance. This
approach situates small firms at the centre of network of
stakeholder relationships, all of
whom are regulated entities – including suppliers, customers,
competitors, infrastructure
providers and regulatory authorities. From the standpoint of any
individual business,
regulation produces effects directly and indirectly. Direct
effects flow from small
4
firms' adaptations to the regulatory requirements to which they
are subject, and indirectly
via the influence regulation exerts through small firms’
relationships with the stakeholders
with whom they interact. There is no uniform ‘small business
effect’; it depends on how
small firms and their stakeholders choose to adapt their
behaviour to the regulatory
framework. Rather than treat regulation as imposing uniform
constraints on businesses,
variable effects of regulation are to be expected. Regulation
enables business to act as well
as constrains their activity and performance, generating
contradictory effects. For instance,
those firms best placed to cope with new consumer protection
laws might find it easier to
find and retain customers. Similarly, regulation providing
stronger protection for investors
and creditors might better support capital markets and facilitate
the supply of finance to
small firms.
Carpentier and Surat (2012) examine the effects of securities
market regulations in Canada
on new venture seeking to list. These rules prohibit certain
kinds of venture from listing;
they may be permissive or stringent. The authors argue that the
quality of firms, their post-
listing operating performance and strategy, and their fate
largely support the opinion that
strong listing requirements are essential to prevent the
emergence of a ‘lemon market’.
Such a market would likely impact adversely on well-resourced,
listed firms because
investors are unable to distinguish higher- and lower-quality
businesses and, in
consequence, withdraw from the market, reducing investment
and impeding economic
development. In short, by imposing stricter regulations on
listing, limiting entry by poorer-
quality firms, regulators might be better able to support the
market by encouraging
investors to invest. Such regulations thereby affect firms
directly, by permitting or denying
listing, and indirectly by encouraging or discouraging
investment.
Cook et al. (2012) investigate UK regulation governing
bankruptcy and its impacts on small
companies. An effective bankruptcy regime, the authors aver,
should facilitate the speedy
reallocation of resources tied up in SMEs that are not viable,
while at the same time
facilitating the rehabilitation and recovery of SMEs that are
viable but experiencing
temporary financial difficulties. Getting the balance right
hinges on the ability to
discriminate between firms that ought to be liquidated and those
that can be rehabilitated.
The authors explore how one aspect of the regime, the
Company Voluntary
Arrangement procedure, impacts companies deemed viable and
unviable. The authors claim
the procedure allows the problems of bankrupt SMEs to be
addressed, resulting in good
rates of business survival, and orderly liquidation in those cases
where the firm cannot be
saved. Thus CVAs can help to avoid failure or, if not, mitigate
its effects. The key point is
that the regulatory framework impacts the survival of small
firms. This, in turn,
facilitates the preservation of employment and debt recovery by
creditors. This helps to
avoid a ‘domino effect’ where the failure of one firm can lead
to the failure of its suppliers.
This powerfully illustrates the myriad ways in which regulation
generates a range of effects
for distressed firms and for the creditors and employees they
interact with.
5
Drawing on interview and survey data from a study of preparers
and users of small company
abbreviated accounts, Kitching et al. (2013b) develop the
conceptualisation of regulation as
a dynamic force generating contradictory consequences.
Specifically, the paper specifies
the mechanisms through which regulation influences
performance directly and indirectly.
Filing abbreviated accounts enables small company preparers to
retain a high degree of
confidentiality over the financial information they are required
to disclose publicly while, at
the same time, influencing a diverse range of accounts users and
stakeholders. These
include credit reference agencies, customers and trade creditors
whose decisions to provide
or withhold vital resources such as credit ratings, credit and
new business opportunities may
be influenced by the decisions to file abbreviated accounts - all
of which impact the
preparer’s activity and performance. All of these are effects of
regulation governing
statutory financial disclosure. Business owners may or may not
be aware of the indirect
effects of regulation.
Together these eight studies expand our knowledge of the
impact of regulation on small
business activity and performance by illustrating the diversity
of regulation impacting upon
small businesses and the range of effects it can generate. Future
studies should seek to add
to developing further our understanding of the multiple, diverse
ways regulation impacts
small firms and the effects of small firms’ adaptations on other
stakeholders.
References
Carpentier, C. and Suret, J-M. 2012. Entrepreneurial equity
financing and
securities regulation: An empirical analysis. International Small
Business Journal 30, 1, 41-64.
Chittenden, F., Kauser, S. and Poutziouris, P. 2005. Tax
regulation and small business in the
USA, UK, Australia and New Zealand. International Small
Business Journal 21, 1, 93-115.
Cook, G., Pandit, N., and Milman, D. 2012. A resource-based
analysis of bankruptcy law,
SMEs and corporate recovery. International Small Business
Journal 30, 3, 275-293.
Department for Business, Innovation and Skills (BIS) (2013b)
Small Business Survey 2012:
SME Employers, online at:
https://www.gov.uk/government/uploads/system/uploads/attach
ment_data/file/193555/b
is-13-p74-small-business-survey-2012-sme-employers.pdf
Djankov. S., La Porta, R., Lopez-de-Silanes, F. and Shleifer, A.
2002. The regulation of entry.
Quarterly Journal of Economics 117(1): 1-37.
https://www.gov.uk/government/uploads/system/uploads/attach
ment_data/file/193555/bis-13-p74-small-business-survey-2012-
sme-employers.pdf
https://www.gov.uk/government/uploads/system/uploads/attach
ment_data/file/193555/bis-13-p74-small-business-survey-2012-
sme-employers.pdf
6
Druker, J., White, G. and Stanworth, C. 2005. Coping with wage
regulation: implementing
the national minimum wage in hairdressing businesses.
International Small Business Journal
23, 1, 5-25.
Eierle, B. 2008. Filing practice of small and medium-sized
companies: Empirical findings from
Austria. International Small Business Journal 26, 4, 491-528.
Kitching, J., Hart, M. and Wilson, N. 2013. Burden or benefit?
Regulation as a dynamic
influence on small business performance. International Small
Business Journal, published
online, July 4.
Kitching, J., Kašperová, E. and Collis, J. 2013. The
contradictory consequences of regulation:
The influence of filing abbreviated accounts on UK small
company performance.
International Small Business Journal, published online, October
10.
Morris, D., Collier, T. and Wood, G. 2005. Effects of minimum
wage legislation: Some
evidence from small enterprises in the UK. International Small
Business Journal 23, 2, 191-
209.
OECD. 2013. Protecting jobs, enhancing flexibility: A new look
at employment protection
legislation. In: OECD Employment Outlook 2013. OECD
Publishing: Paris.
Urbano, D. and Alvarez, C. 2014. Institutional dimensions and
entrepreneurial activity: an
international study. Small Business Economics 42, 4, 703-716.
World Bank (2014) Doing Business 2015: Going Beyond
Efficiency, online at:
http://www.doingbusiness.org/reports/global-reports/doing-
business-2015
World Economic Forum (2014) The Global Competitiveness
Report 2014-2015, online at:
http://www3.weforum.org/docs/WEF_GlobalCompetitivenessRe
port_2014-15.pdf
http://www.doingbusiness.org/reports/global-reports/doing-
business-2015
http://www3.weforum.org/docs/WEF_GlobalCompetitivenessRe
port_2014-15.pdf
1
Compliance toolkit: protecting charities from harm
Chapter 2: Due diligence, monitoring and verifying the end use
of charitable funds
Tool 3: Risk management
Tool 3: Risk management
PESTLE analysis
A PESTLE analysis may help when assessing the risk arising
from the impact of external factors on a
charity, particularly when working internationally.
Political Factors may be altered by the government’s influence
on a country’s
infrastructure. This may include tax policy, employment laws,
environmental regulations, trade restrictions, tariffs, reform and
political stability. Charities may need to consider where a
government does not want services or goods to be provided.
Factors include economic growth, interest rates, exchange rates,
inflation, wage rates, working hours and cost of living. These
factors
may have major impacts on how charities operate and make
decision.
Economic
Social Factors include cultural aspects, health and safety
consciousness,
population growth rate and various demographics.
Technological Factors include ecological and environmental
aspects and available
products and services. Charities may need to innovate, having
considered the compatibility with their own technologies and
whether they are transferable internationally.
Factors include any law which may impact on the charities’
operations, including NGO regulation and criminal and terrorist
legislation which will differ from country to country.
Legal
Environmental Factors include an awareness of climate change
or seasonal or terrain
variations which may affect charities’ service delivery methods.
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  • 1. 1. Think of at least one item in each of these areas that may impact your client's business. Then, explain how your client could respond to or plan for threats and opportunities to your business in each area of the PESTLE analysis. 2. Do the same as instructed in part 1, except complete the analysis using the Miami University Regional campuses as the focus. 16 Need-to-Know Small Business Regulations Gretchen Schmid Original Source Have you ever worked in an office with a poster that said “Employee Rights Under the Fair Labor Standards Act,” or maybe one that said “Equal Employment Opportunity Is the Law”? Did you wonder why it was there? It wasn’t just for wall decoration: Employers are often legally required to place these posters in plain sight, depending on the structure and type of their business. That’s just one of the many regulations—meaning a legal rule issued by a government agency—
  • 2. that can affect a small business. Consider this: The Code of Federal Regulations, a document published each year by the federal government that lists all areas subject to regulation, is divided into 50 broad subsections. It’s no surprise that small business owners often feel overwhelmed and disheartened about the number of governmental regulations imposed on their business! We’ve put together a guide to 16 of the most common types of regulations that you need to consider when setting up and running your small business, from overtime pay to health insurance to antitrust laws. Setting Up Your Business 1. Size regulations https://www.fundera.com/blog/small-business-regulations First of all, you need to determine whether your small business is actually a small business in the eyes of the federal government. Why does that matter?
  • 3. Because all the programs created by the Small Business Act in 1953 to help small businesses, like loans, counseling, and contracts, are only available to businesses that fit the size standards. These standards differ from industry to industry: Some are based on number of employees, while others are based on the business’s finances. 2. Licenses and permits Does your business sell alcohol or firearms, operate oversize vehicles or planes, import or export animals, plants, or animal products, or broadcast information via radio? You’ll need to apply for a federal permit. If none of those apply to you, you’re not necessarily off the hook: Depending on your state, you may need to apply for a state license or permit. Selling goods often requires a sales tax license, for example, while operating a veterinary clinic or a hair salon might require a professional license. Almost every business needs some sort of license or permit to
  • 4. operate legally—the tricky part is figuring out which ones you need. Check out the SBA’s directory of state license requirements and their guide to federal licenses for more information. Taking Care of Your Employees 3. Overtime The Fair Labor Standards Act ensures that non-exempt white- collar workers must be paid time-and-a-half for any hour worked in excess of 40 per week. And in 2016, the salary threshold that separates exempt from non-exempt workers basically doubled: It’s now $47,476. This means that any employee (although not independent contractors) who makes $47,476 or less must be paid for their overtime hours. (This same law makes it illegal to hire workers under the age of 18 for any work deemed “dangerous,” and restricts the number of hours that children under the age of 16 can work per week.)
  • 5. And yes, this is the same act that’s responsible for those posters! If you have employees who are protected by the FLSA, you also have to display the poster where everyone can see it. 4. Job-protected leave If you employ more than 50 people, then they’re each entitled to have up to 12 weeks of job-protected, unpaid leave during any year for maternity or paternity leave, medical leave, or medical leave for a family member, thanks to the Family and Medical Leave Act. If the medical leave is for a family member who’s in the military, then the employee can take 26 weeks to care for him or her. 5. Minimum wage Okay, this is an obvious one, but we’ll put it out there anyway: You’re required to pay your employees, and you’re required to pay them at least $7.25 an hour, which is the federal minimum wage established by the Fair Labor Standards
  • 6. Act. (There are a couple of exceptions to this: Tipped employees can be paid a lower base rate, and employees in states with a higher state-level minimum wage must be paid the higher rate.) 6. Providing health insurance One of the provisions of the Affordable Care Act is that small businesses that employ more than 50 people are required to provide health insurance for their employees, according to the Employer Shared Responsibility Provisions. Those businesses are also required to report, at tax time, basic information about the insurance they’ve offered their employees to the IRS. (There are plenty of reasons why you should offer health insurance even if you employ fewer than 50 people, too!) 7. Workers’ comp As soon as you hire your first employee, you’re legally obligated to purchase insurance
  • 7. for workers’ compensation, also known as “workers’ comp.” Although workers’ comp is an extra expense, it protects both you and your employee in the case of an accident on the job: The employee will receive medical care and compensation for some of the income they lose while injured, while you will be protected from a lawsuit from the injured worker. Specific workers’ comp systems vary from state to state, so you need to visit your state’s office (find a directory here) to find more detailed information. 8. Workplace safety Of course, thanks to the safety standards and requirements set in place by the Occupational Safety and Health Administration, you and your workers are much less likely to ever cash out on your workers’ comp. Even if your workplace is a 9-5 office, where the most dangerous thing that happens every day is replacing the jug in the water cooler, you’re subject to OSHA requirements
  • 8. like having action plans in place for fires or emergencies in the buildings. You’ll also need to have a first-aid kit and make sure that your walking surfaces are safe. (Yes, we’re serious: Falls, whether from heights or flat ground, are a leading cause of serious work-related injuries and deaths, reports the OSHA.) If you’re in the construction or health care field, you’re subject to much more stringent requirements, like standards for the stability of scaffolding and procedures to limit exposure to blood. (There’s an OSHA poster, too.) Running Your Business 9. Paying taxes The federal tax code is a highly complex and constantly changing system, but as a small business owner, you’ve got no choice but to pay up. You’re responsible for paying federal taxes, including tax on the income that your business brings in, self-employment tax if you’re self- employed, and employment tax if you employ others, plus additional excise taxes depending on
  • 9. your industry. You’re also responsible for state and local taxes, which differ by state. You can find more information about the taxes for which your business is responsible here, but our advice is to hire an accountant—preferably a CPA. 10. Classifying your employees correctly One of the biggest causes for tax roll audit of a small business is that an employee has been misclassified as an independent contractor, which brings us to our next regulation: classifying your employees correctly. This can actually be a lot trickier than you might think! Generally, independent contractors are considered self-employed, but that classification can be vague— especially when you bring full-time interns or temporary workers into the mix. The IRS uses three categories—financial, behavioral, and relational—to determine whether someone who works for you is an employee or a contractor. If you misclassify
  • 10. an employee as an independent contractor (which can be tempting, since employers don’t need to pay taxes on independent contractors), you can be subjected to fines. 11. Reporting pay data If you employ more than 100 people (or more than 50 if you’re a federal contractor), you’re required to report how much you pay each of them, broken down by their race/ethnicity, job category, and gender, to the Equal Employment Opportunity Commission each year. This is to ensure that you’re complying with federal nondiscrimination laws (i.e., that you’re not paying a woman significantly less than a man with exactly the same job title and responsibilities). The report, which is known as the EEO-1 form, has to be submitted by the end of each September. Find out more here. (This one’s got a poster, too.) 12. Protecting the environment The Environmental Protection Agency regulates the ways in
  • 11. which small businesses release pollutants and deal with hazardous materials. Think about how every aspect of your business affects the environment: Are you using toxic materials to fix, clean, or improve something for a customer? How are you disposing of those materials afterward? Are you pouring anything down a drain that feeds into a body of water? This one’s pretty complex, so let’s break it down into a few major acts with regulations that affect small businesses: • The Clean Air Act regulates the pollutants that you release into the air. It could be applicable for businesses that work with paints or dyes or have boilers or furnaces. • The Clean Water Act makes sure that you’re not dumping contaminated water into the ground or the street. • The Resource Conservation and Recovery Act sets requirements for handling
  • 12. hazardous chemical waste, from pesticides to washing fluids to medical waste. For more information on any of these, you can check out the Small Business Administration’s environmental regulation resource page. 13. Collecting sales tax via the Internet If you operate an e-commerce site, the way in which you collect sales tax is regulated differently than for someone who runs a brick-and-mortar store. Instead of charging someone both local sales and state tax, as you would in a store, you may only need to collect state tax. It depends on whether your business also has a physical presence, whether a state, office, or warehouse (known, in legal terms, as a “nexus”). If your business has a nexus, you need to collect sales tax; otherwise, you’re responsible only for state tax. Of course, if you live in Alaska, Delaware, Hawaii, Montana, New Hampshire, or Oregon, you wouldn’t need to collect sales tax anyway—
  • 13. those states don’t have sales tax—and depending on what you’re selling, you may be exempt to begin with. 14. Antitrust laws You might think that “antitrust” only has to do with major companies, like Microsoft or Apple, but this is a common misconception. Small businesses are responsible for following antitrust laws, too, especially if there aren’t that many competitive products or services. You’re not allowed to fix prices, divvy up markets, or boycott suppliers, according to antitrust laws, nor can you make any attempt to monopolize your marketplace through practices like predatory pricing or “tying,” which means that you force a customer who wants only one product to buy two instead. As an example: If you run one of two landscaping companies in your town, and you know the woman who runs the other landscaping company, the two of you are not
  • 14. allowed to decide together on a minimum price for your services (no matter how friendly it might seem!). That would be a violation of the Sherman Act, which is the country’s main antitrust law. You can read more about antitrust laws on the Federal Trade Commission’s website. Promoting Your Business 15. Advertising truthfully If you market or advertise your product—and you probably do!—then you’re not allowed to lie about what it does. The FTC oversees marketing and advertising law, and customers who suspect that a product is being dishonestly advertised can report it to the FTC. On their website, they provide a list of ways to make sure that you’re complying with the law. For example, medical and health claims, as well as claims that a product is “green,” have to be backed up by science. In general, the two main tenets of advertising law are that 1)
  • 15. you’re telling the truth and not misleading consumers, and 2) you can substantiate your claims with proof. If all your advertising passes those tests, you’re probably good to go. 16. Email marketing Similarly, if you use email marketing tactics, make sure you’re complying with the CAN- SPAM Act for commercial emails. (Yes, that’s the real name of the act.) This act includes a number of regulations. For example, you have to include your physical address in the email, and you must honor “opt-out,” or “unsubscribe,” requests from recipients. Setting Up Your Business1. Size regulations2. Licenses and permitsTaking Care of Your Employees3. Overtime4. Job- protected leave5. Minimum wage6. Providing health insurance7. Workers’ comp8. Workplace safetyRunning Your Business9. Paying taxes10. Classifying your employees correctly11. Reporting pay data12. Protecting the environment13. Collecting sales tax via the Internet14. Antitrust lawsPromoting Your Business15. Advertising truthfully16. Email marketing
  • 16. 1 Rethinking the Impact of Regulation on Small Businesses John Kitching Kingston University Introduction: Regulation as a Business and Policy ‘Problem’ For more than 30 years, regulation has been perceived as an important problem for policy- makers in the UK, Europe, USA and beyond. Laws governing employment, health and safety, and the environment have attracted the opprobrium of business owners and their representative organisations, politicians and the media. Policy- makers have sought to develop regulatory policies that minimise the burdens such laws impose on business, particularly small firms, while ensuring fair, competitive markets and safeguarding employees, consumers and the environment. Academic interest has both followed practitioner and policy concern, and to some extent,
  • 17. perpetuated it. International organisations frequently report on the issue of regulation. The World Bank issues an annual ranking of virtually all nations with regard to the ease of doing business, which is largely a commentary on each country’s regulatory framework and the support it lends to business (World Bank 2014). OECD has developed an index for assessing national approaches to employment regulation (OECD 2013). The World Economic Forum Competitiveness report issues country rankings with regard to the burden of government regulation and many other features of the regulatory environment, for instance, property rights, intellectual property protection and the efficiency of the legal framework in settling disputes and in challenging regulations (World Economic Forum 2014). A large number of cross-national surveys have investigated the links between regulation and macro-level indices such as business start-up rates (e.g. Djankov et al. 2002; Urbano and
  • 18. Alvarez 2014) These surveys conventionally take some index of regulatory quantity/quality provided by the World Bank, Heritage Foundation or similar organisation and correlate it with measures of start-up. Typically, although not universally, studies find negative relationships between regulation and macro-level outcomes. Such studies implicitly assume that regulation impacts individual firms in an homogenous way or are unable to specify the mechanisms through which regulation produces particular effects at the micro-level. The eight papers included in this VSI reflect the substantial interest in regulatory issues and their impacts on small businesses. This brief introduction sets the scene for the papers, all published previously in ISBJ, by summarising their principal arguments and framing them in terms of larger framework for thinking about not only how regulation impacts businesses but also how it shapes wider market processes.
  • 19. 2 Compliance Costs – and Benefits? Studies have conventionally focused on business owner experiences of regulation-handling and the presumed costs of compliance. Surveys of business owners commonly identify regulation as a major obstacle to growth or success (BIS 2013). More sophisticated studies estimate the costs of compliance and make the important point that smaller enterprises find it more costly or difficult to comply with regulations because they are unable to spread the costs across a wider base. As small firms typically lack market power, or possess the resources to withstand serious cost or demand shocks, the compliance costs of regulation are often perceived as imposing an opportunity cost on resource-constrained small firms, diverting their limited resources, time and energy to the ‘unproductive’ task of meeting statutory requirements. Policy-makers have responded by looking to reduce the
  • 20. administrative burden of regulation in a variety of ways. Chittenden et al. (2005) review the literature on the compliance costs incurred by small firms in relation to tax regulation in four countries – UK, USA, Australia and New Zealand. This paper does two things. One, it identifies the costs of complying with regulation as important burdens to which small firms are disproportionately exposed; and, two, it recognises the difficulties of developing accurate and convincing measures that are comparable across international borders. The disproportionate costs borne by small firms relative to large companies is confirmed for all four countries. Lack of understanding of regulatory requirements, frequent change and high fixed costs were evident in all four jurisdictions. Although compliance costs are widely regarded as important, there is no consensus regarding the extent of such costs for conceptual and methodological reasons. Differences in the definition of compliance costs, and variations in methods used to
  • 21. calculate them, the time periods covered and variable data quality mean that it is difficult to compare the results of different studies across international borders. Two studies examine the same regulation from the vantage point of businesses in two different industry sectors. The National Minimum Wage (NMW) was introduced in the UK in 1999 amid a flurry of claims by critics that it would lead to serious unemployment among low-paid groups and push businesses relying low-paid labour out of the market. Supporters, in contrast, insisted that it might lead to business benefits as firms streamlined and formalised operations. Druker et al. (2005) investigate the effects of the introduction and first uprating of the NMW on hairdressing businesses; in particular, the authors consider whether the NMW constituted a ‘regulatory shock’, influencing organisational change. They found that the advent of the NMW did not act as a shock, encouraging firms either to adopt a more formalised approach to employment or to move
  • 22. ‘downmarket’, with greater pressure on employees or on family members associated with the business. The NMW was one factor among many impacting on the way in which salon owners evaluated and positioned their business. Distinct types of employer response were identified, indicating that regulation generates a variety of impacts on firms, including non-compliance; much 3 depends on existing practices, the precise demands made by specific regulations and wider market conditions. The authors conclude that employer responses can be best understood as reflections of existing management strategy and practices rather than a trigger to adopt new approaches. Morris et al. (2005) explore the consequences of minimum wage legislation for training and other non-pay benefits on small businesses in the UK equestrian sector. Contrary to
  • 23. the conventional wisdom regarding the negative effects of minimum wages on smaller firms, a sizeable proportion of respondents were favourably inclined to such measures, particularly the more successful firms. Some employers offset the cost of increased wage bills arising from the NMW through readjustment of their compensation packages, and specifically a curtailment of benefits in kind, either prior to or post the NMW, although the financial impact on these firms was not significant. The debate concerning the impact of regulation on small firms has tended to focus on issues such as employment, health and safety and environmental law. Eierle (2008) extends the scope of research into regulatory issues by focusing on statutory financial reporting requirements by investigating the statutory financial reporting obligations of small firms (GmbHs) in Austria. This article analyses small firm compliance with statutory filing requirements and their take-up of filing concessions and revealed preferences for filing options. Take- up of filing concessions differs
  • 24. strongly between small and medium-sized GmbHs, suggesting that some medium-sized GmbHs expect net benefits from voluntary disclosures, whereas small GmbHs tend to value the costs arising from voluntary disclosures more highly than the benefits associated with them. Prior studies treat regulation principally as a static and negative influence, thereby neglecting the full range of regulatory effects on business performance. Regulation generates contradictory effects, in part, directly through small firm responses to the regulations that place obligations on them and indirectly, via the responses of the various stakeholders with whom small firms interact and whose actions affect them. Stakeholders are a diverse group of market and non-market agents and organisations including suppliers, customers, competitors, infrastructure providers and regulatory authorities. These stakeholders are also regulated entities whose behaviour is moulded by the legislative rules
  • 25. to which they are subject. Expanding our Conception of Regulatory Impacts Kitching et al. (2013a) propose a broader framework within which to study the dynamic, multi-stranded influence of regulation on small business activity and performance. This approach situates small firms at the centre of network of stakeholder relationships, all of whom are regulated entities – including suppliers, customers, competitors, infrastructure providers and regulatory authorities. From the standpoint of any individual business, regulation produces effects directly and indirectly. Direct effects flow from small 4 firms' adaptations to the regulatory requirements to which they are subject, and indirectly via the influence regulation exerts through small firms’ relationships with the stakeholders with whom they interact. There is no uniform ‘small business
  • 26. effect’; it depends on how small firms and their stakeholders choose to adapt their behaviour to the regulatory framework. Rather than treat regulation as imposing uniform constraints on businesses, variable effects of regulation are to be expected. Regulation enables business to act as well as constrains their activity and performance, generating contradictory effects. For instance, those firms best placed to cope with new consumer protection laws might find it easier to find and retain customers. Similarly, regulation providing stronger protection for investors and creditors might better support capital markets and facilitate the supply of finance to small firms. Carpentier and Surat (2012) examine the effects of securities market regulations in Canada on new venture seeking to list. These rules prohibit certain kinds of venture from listing; they may be permissive or stringent. The authors argue that the quality of firms, their post- listing operating performance and strategy, and their fate
  • 27. largely support the opinion that strong listing requirements are essential to prevent the emergence of a ‘lemon market’. Such a market would likely impact adversely on well-resourced, listed firms because investors are unable to distinguish higher- and lower-quality businesses and, in consequence, withdraw from the market, reducing investment and impeding economic development. In short, by imposing stricter regulations on listing, limiting entry by poorer- quality firms, regulators might be better able to support the market by encouraging investors to invest. Such regulations thereby affect firms directly, by permitting or denying listing, and indirectly by encouraging or discouraging investment. Cook et al. (2012) investigate UK regulation governing bankruptcy and its impacts on small companies. An effective bankruptcy regime, the authors aver, should facilitate the speedy reallocation of resources tied up in SMEs that are not viable, while at the same time
  • 28. facilitating the rehabilitation and recovery of SMEs that are viable but experiencing temporary financial difficulties. Getting the balance right hinges on the ability to discriminate between firms that ought to be liquidated and those that can be rehabilitated. The authors explore how one aspect of the regime, the Company Voluntary Arrangement procedure, impacts companies deemed viable and unviable. The authors claim the procedure allows the problems of bankrupt SMEs to be addressed, resulting in good rates of business survival, and orderly liquidation in those cases where the firm cannot be saved. Thus CVAs can help to avoid failure or, if not, mitigate its effects. The key point is that the regulatory framework impacts the survival of small firms. This, in turn, facilitates the preservation of employment and debt recovery by creditors. This helps to avoid a ‘domino effect’ where the failure of one firm can lead to the failure of its suppliers. This powerfully illustrates the myriad ways in which regulation generates a range of effects
  • 29. for distressed firms and for the creditors and employees they interact with. 5 Drawing on interview and survey data from a study of preparers and users of small company abbreviated accounts, Kitching et al. (2013b) develop the conceptualisation of regulation as a dynamic force generating contradictory consequences. Specifically, the paper specifies the mechanisms through which regulation influences performance directly and indirectly. Filing abbreviated accounts enables small company preparers to retain a high degree of confidentiality over the financial information they are required to disclose publicly while, at the same time, influencing a diverse range of accounts users and stakeholders. These include credit reference agencies, customers and trade creditors whose decisions to provide or withhold vital resources such as credit ratings, credit and new business opportunities may
  • 30. be influenced by the decisions to file abbreviated accounts - all of which impact the preparer’s activity and performance. All of these are effects of regulation governing statutory financial disclosure. Business owners may or may not be aware of the indirect effects of regulation. Together these eight studies expand our knowledge of the impact of regulation on small business activity and performance by illustrating the diversity of regulation impacting upon small businesses and the range of effects it can generate. Future studies should seek to add to developing further our understanding of the multiple, diverse ways regulation impacts small firms and the effects of small firms’ adaptations on other stakeholders. References Carpentier, C. and Suret, J-M. 2012. Entrepreneurial equity financing and securities regulation: An empirical analysis. International Small Business Journal 30, 1, 41-64.
  • 31. Chittenden, F., Kauser, S. and Poutziouris, P. 2005. Tax regulation and small business in the USA, UK, Australia and New Zealand. International Small Business Journal 21, 1, 93-115. Cook, G., Pandit, N., and Milman, D. 2012. A resource-based analysis of bankruptcy law, SMEs and corporate recovery. International Small Business Journal 30, 3, 275-293. Department for Business, Innovation and Skills (BIS) (2013b) Small Business Survey 2012: SME Employers, online at: https://www.gov.uk/government/uploads/system/uploads/attach ment_data/file/193555/b is-13-p74-small-business-survey-2012-sme-employers.pdf Djankov. S., La Porta, R., Lopez-de-Silanes, F. and Shleifer, A. 2002. The regulation of entry. Quarterly Journal of Economics 117(1): 1-37. https://www.gov.uk/government/uploads/system/uploads/attach ment_data/file/193555/bis-13-p74-small-business-survey-2012- sme-employers.pdf https://www.gov.uk/government/uploads/system/uploads/attach
  • 32. ment_data/file/193555/bis-13-p74-small-business-survey-2012- sme-employers.pdf 6 Druker, J., White, G. and Stanworth, C. 2005. Coping with wage regulation: implementing the national minimum wage in hairdressing businesses. International Small Business Journal 23, 1, 5-25. Eierle, B. 2008. Filing practice of small and medium-sized companies: Empirical findings from Austria. International Small Business Journal 26, 4, 491-528. Kitching, J., Hart, M. and Wilson, N. 2013. Burden or benefit? Regulation as a dynamic influence on small business performance. International Small Business Journal, published online, July 4. Kitching, J., Kašperová, E. and Collis, J. 2013. The contradictory consequences of regulation: The influence of filing abbreviated accounts on UK small company performance.
  • 33. International Small Business Journal, published online, October 10. Morris, D., Collier, T. and Wood, G. 2005. Effects of minimum wage legislation: Some evidence from small enterprises in the UK. International Small Business Journal 23, 2, 191- 209. OECD. 2013. Protecting jobs, enhancing flexibility: A new look at employment protection legislation. In: OECD Employment Outlook 2013. OECD Publishing: Paris. Urbano, D. and Alvarez, C. 2014. Institutional dimensions and entrepreneurial activity: an international study. Small Business Economics 42, 4, 703-716. World Bank (2014) Doing Business 2015: Going Beyond Efficiency, online at: http://www.doingbusiness.org/reports/global-reports/doing- business-2015 World Economic Forum (2014) The Global Competitiveness Report 2014-2015, online at:
  • 34. http://www3.weforum.org/docs/WEF_GlobalCompetitivenessRe port_2014-15.pdf http://www.doingbusiness.org/reports/global-reports/doing- business-2015 http://www3.weforum.org/docs/WEF_GlobalCompetitivenessRe port_2014-15.pdf 1 Compliance toolkit: protecting charities from harm Chapter 2: Due diligence, monitoring and verifying the end use of charitable funds Tool 3: Risk management Tool 3: Risk management PESTLE analysis A PESTLE analysis may help when assessing the risk arising from the impact of external factors on a charity, particularly when working internationally. Political Factors may be altered by the government’s influence on a country’s infrastructure. This may include tax policy, employment laws, environmental regulations, trade restrictions, tariffs, reform and
  • 35. political stability. Charities may need to consider where a government does not want services or goods to be provided. Factors include economic growth, interest rates, exchange rates, inflation, wage rates, working hours and cost of living. These factors may have major impacts on how charities operate and make decision. Economic Social Factors include cultural aspects, health and safety consciousness, population growth rate and various demographics. Technological Factors include ecological and environmental aspects and available products and services. Charities may need to innovate, having considered the compatibility with their own technologies and whether they are transferable internationally. Factors include any law which may impact on the charities’ operations, including NGO regulation and criminal and terrorist legislation which will differ from country to country. Legal Environmental Factors include an awareness of climate change or seasonal or terrain variations which may affect charities’ service delivery methods.