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Is Unpaid 'Gap Time' Legal? The Third Circuit's FLSA Ruling and What It Means for Small-Business Payroll

On June 3, 2026, the Third Circuit ruled in Secretary of Labor v. Comprehensive Healthcare Management Services that the FLSA provides no federal remedy for "overtime gap time" — hours worked but paid at neither straight time nor the overtime premium — aligning with the Second Circuit and deepening a split with the Fourth. Here's what gap time is, why state wage laws still create exposure, and five payroll checks every small employer with hourly staff should run.

mike

payrollcompliancesmall-business

FMCSA English Language Proficiency Is Now an Out-of-Service Trigger: A Compliance Guide for Small Fleets

Since June 2025, failing the FMCSA English proficiency requirement (49 CFR § 391.11(b)(2)) places a commercial driver out of service — over 12,000 violations in six months, made mandatory by federal law in February 2026. Here is how the two-step roadside test works, what an OOS order costs a small fleet, and how to document ELP compliance in the driver qualification file.

mike

truckingcompliancesmall-business

The FTC's Record $12 Million HSR Penalty: What Acquisitive Small Businesses Need to Know About Merger Filing Thresholds

On July 13, 2026, the FTC and DOJ obtained a record $12 million civil penalty from Edwards Lifesciences and Genesis MedTech for structuring a $115 million acquisition with a $25 million non-voting side investment to stay under the Hart-Scott-Rodino filing threshold. This guide explains the 2026 HSR thresholds — $133.9 million size-of-transaction and the size-of-person test — and why roll-ups, PE-backed platforms, and deals structured to "just miss" the line carry real filing risk.

mike

antitrustcompliancelegal

The FTC's First INFORM Consumers Act Penalty: What Temu's $2 Million Settlement Means for Marketplace Sellers

In September 2025 the FTC fined Temu's parent Whaleco $2 million in the first-ever INFORM Consumers Act enforcement action. The law classifies anyone with 200 sales and $5,000 in revenue on a platform as a high-volume third-party seller — here's what verification, annual recertification, and the $20,000 disclosure trigger mean for Amazon, eBay, Walmart, and Etsy sellers.

mike

e-commercecompliancelegal

GAO Report: SBA Still Hasn't Fixed 14 of Its 17 Flagged Problems — What It Means If You're Relying on an SBA Loan or Portal

GAO's June 2026 follow-up (GAO-26-108956) finds SBA has implemented only 3 of 17 priority recommendations, leaving 14 open — including fraud-control gaps that produced ~2 million unusable COVID-EIDL fraud referrals and a Unified Certification Platform lacking basic risk and cybersecurity plans. Here's what that means for loan and certification applicants, and why airtight records are your best defense.

mike

sbasba-loanssmall-business

Illinois Banned Swipe Fees on Sales Tax and Tips — So Why Are You Still Paying Them?

Illinois's Interchange Fee Prohibition Act was supposed to stop banks from charging swipe fees on sales tax and tips, but after two effective-date delays to July 1, 2027, an OCC preemption rule, and a June 2026 permanent injunction covering national banks and card networks, merchants are still paying. Here's where the law stands and what it means for your processing costs.

mike

paymentssales-taxbanking

Indiana Repealed Its Youth Employment System: What HB 1302 Means for Employers Who Hire Teens

On July 1, 2026, Indiana's HB 1302 decommissioned the Youth Employment System (YES) database, ending registration and self-reporting for employers with five or more minor employees — but hour caps for 14- and 15-year-olds, hazardous occupation bans, federal FLSA rules, and escalating state penalties all remain in force, making internal recordkeeping the employer's sole audit trail.

mike

compliancepayrollhiring

Louisiana's Act 751 Bans Debit Card Surcharges — Which Were Already Illegal. Here's Why Retailers Should Still Worry

Louisiana's Act 751 takes effect August 1, 2026, adding state enforcement — cardholder notice letters, a 30-day refund cure window, and civil penalties up to $500 per violation — to a debit card surcharge ban that federal law and card network rules already imposed nationwide. Here's what retailers should check in their POS systems, and how to book any refunds cleanly.

mike

paymentspoint-of-salecompliance
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