#legal
Правни съображения за бизнес финанси и счетоводно съответствие
DOL Opinion Letter FLSA2026-5 (May 28, 2026) confirms an exempt, salaried employee can pick up hourly shifts in a separate non-exempt role without losing exempt status — if the base salary stays untouched, the exempt role remains the primary duty, and the two jobs stay genuinely distinct. Here's how to structure and track dual-role pay.
DOL Opinion Letter FLSA2026-8 holds that integral pre-shift work like patient handoffs is compensable, narrows the de minimis defense when timekeeping systems record punches to the minute, and requires rounding policies to be genuinely neutral — a compliance guide for any employer with hourly workers.
A federal court held a non-owner corporate officer personally liable for $1,880,987.96 of a company's tax debt under 31 U.S.C. § 3713, the Federal Priority Statute, because he helped pay other creditors while the insolvent company owed the IRS. Here is how the doctrine works, who is exposed, and a practical checklist for winding down an insolvent business.
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.
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.
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.
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.
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.
Oral advice from the IRS is not binding — a private letter ruling is. Under Revenue Procedure 2026-1, 9100 relief for a missed tax election generally costs about $14,500, with reduced tiers near $3,450 and $9,775 for smaller organizations, and the IRS must make contact within 21 days of a complete request. Here's when a ruling is worth the fee, what the request must contain, and the no-fee alternatives — Form SS-8, Form 3115, and Rev. Proc. 2013-30 — that cover most common cases.
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.
On July 14, 2026, the Ninth Circuit upheld an injunction blocking FinCEN's border Geographic Targeting Order, which required money services businesses in ~30 ZIP codes to file Currency Transaction Reports for cash transactions as low as $200 — 50 times below the normal $10,000 threshold. The court found FinCEN likely violated the APA by skipping notice-and-comment rulemaking and ignoring compliance costs.
The FTC's December 2024 Robinson-Patman suit against Southern Glazer's — the first in decades to survive a motion to dismiss — revives a 1936 law barring suppliers from charging small retailers more than big chains for identical goods. What the Act covers, its cost-justification defenses, and the purchase records independent retailers should keep now.
