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Payroll
Payroll management, processing, and compliance for businesses of all sizes
Can You Reclassify an Exempt Professional as Non-Exempt? DOL Opinion Letter FLSA2026-1 Says Yes
DOL Opinion Letter FLSA2026-1 (January 5, 2026) confirms employers may voluntarily classify an overtime-exempt learned professional as non-exempt, because non-exempt status is the FLSA default. Here's what the letter says, the three-prong exemption test under 29 CFR § 541.301, and a practical reclassification checklist for small businesses.
DOL Opinion Letter FLSA2026-3: Why Mandatory Roll Call Counts as Hours Worked — and How Section 7(b) Changes the Overtime Math
In January 2026, the DOL's Wage and Hour Division ruled in Opinion Letter FLSA2026-3 that a mandatory 15-minute pre-shift roll call under a collective bargaining agreement is compensable hours worked — but a properly structured FLSA Section 7(b)(1) or 7(b)(2) exemption can absorb that time at straight-time pay instead of an overtime premium. Here's how the thresholds work and what the math looks like for a 20-person dispatch center.
Do Quarterly Bonuses Require Overtime Recalculation? DOL Opinion Letter FLSA2026-6 Explains the Exception
DOL Opinion Letter FLSA2026-6 (May 28, 2026) confirms that a quarterly bonus paid as a fixed percentage of total earnings — straight-time plus overtime — satisfies FLSA overtime requirements under 29 CFR § 778.210 with no workweek-by-workweek recalculation. Here are the four conditions the exception depends on and a compliance checklist for small businesses.
Garza-Laureles v. Lab Logistics: What a Medical Courier Lawsuit Teaches Every Small Business About Worker Misclassification
A 2026 FLSA class action, Garza-Laureles v. Lab Logistics LLC, alleges medical couriers were paid as 1099 contractors while the company set their schedules, routes, and uniforms. Here is the DOL's six-factor economic reality test, what misclassification costs — back overtime, doubled liquidated damages, and up to $25,000 per worker in California penalties — and a five-question self-check for small business owners.
Georgia's Dignity and Pay Act: What the End of Subminimum Wage Means for Employers of Disabled Workers
Georgia's Dignity and Pay Act requires Section 14(c) certificate holders to pay workers with disabilities at least half the federal minimum wage ($3.63/hour) starting July 1, 2026, and bans subminimum wages entirely after June 30, 2027. What certificate holders — sheltered workshops, community rehabilitation programs, and nonprofits — need to model in payroll budgets, grant contracts, and job costing before both wage steps hit.
The NLRB Joint-Employer Standard Reverted in 2026: What It Means for Staffing, Franchise, and Subcontractor Arrangements
On February 25, 2026, the NLRB withdrew its 2023 joint-employer rule and reinstated the 2020 standard, which requires actual "substantial, direct, and immediate control" over eight essential employment terms. Here is what the reversal means for businesses using staffing agencies, franchise agreements, or subcontractors — and the practical steps to limit exposure.
The Roth Catch-Up Mandate Arrives: 2026 401(k) Rules for High Earners and Business Owners
Starting January 1, 2026, SECURE 2.0's Section 603 requires workers 50 and older with over $150,000 in prior-year FICA wages from the same employer to make 401(k) catch-up contributions — $8,000 standard, $11,250 for ages 60–63 — as after-tax Roth. Plans without a Roth option must amend by December 31, 2026 or bar catch-ups entirely; W-2 S-corp owners are in scope while K-1 partners are not.
South Delta Planning v. United States: The Ruling That Lets ERC Clawback Fights Reach Court
On July 15, 2026, a Mississippi federal court ruled that a business fighting an IRS clawback of a previously-paid Employee Retention Credit refund does not need to file a second administrative refund claim before suing, and — because employment taxes are divisible by employee and quarter — can satisfy the Flora full-payment rule by paying the amount tied to a single employee rather than the entire reassessment.
DOL Opinion Letter FLSA2026-2: When a "Discretionary" Bonus Isn't — and What It Does to Overtime Pay
DOL Opinion Letter FLSA2026-2 (January 5, 2026) holds that a formula-driven safety and attendance bonus of up to $9.50/hour is nondiscretionary and must be included in the FLSA regular rate — turning a $12/hour base into a $21.50 regular rate and adding $107.50 of overtime pay in DOL's own 50-hour example. Here is the three-part test, which common bonus types fail it, and how to fix the payroll math.
The Four-Day Workweek's Biggest Trial Yet Is In. Here's What It Means for Your Payroll
A Nature Human Behaviour trial of 2,896 employees at 141 companies found the four-day workweek cut burnout, held productivity steady, and convinced 90% of firms to keep it. Here's how small businesses handle the payroll side: the 100-80-100 model vs. compressed 4/10 schedules, FLSA overtime rules, California's daily-overtime election process, and the metrics to track in a pilot.
Georgia Cut Its Income Tax to 4.99% — But HB 463 Left the PTET Rate at 5.75%
Georgia's HB 463 cuts the flat income tax rate from 5.19% to 4.99% for tax years starting January 1, 2026, with conditional annual cuts toward 3.99% — but the pass-through entity tax (PTET) rate stays at 5.75%, so S-corp and partnership owners who made the election should rerun the math against their SALT cap savings.
Gravenstein 116 v. United States: Why Cannabis Businesses Can't Claim the Employee Retention Credit
The Court of Federal Claims dismissed Gravenstein 116, LLC's $322,016 Employee Retention Credit refund claim, holding that Section 280E bars cannabis businesses from refundable tax credits — refundability doesn't change what a credit legally is. Here's what the ruling means for dispensaries with pending or paid ERC claims, and why the 2026 Schedule III move doesn't rescue them.