#employee-benefits
Employee Benefits
Discover employee benefit options to attract talent and reduce turnover in small businesses
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 DOL's Fiduciary Rule Just Died Again: What Small Employers Running a 401(k) Need to Know Now
Texas federal courts vacated the DOL's Retirement Security Rule in March 2026, reverting fiduciary status for retirement advice to the 1975 five-part test — the second such rule struck down since 2018. Here's what 401(k) plan sponsors should check now: advisor fiduciary status in writing, compensation disclosures, and a documentation checklist, plus what the DOL's new alternative-assets safe harbor proposal means for small plans.
The Free Lunch Is Officially Over: What OBBBA's 0% Meal Deduction Means for Your Business in 2026
Starting January 1, 2026, OBBBA's new IRC §274(o) cuts the employer deduction for on-site cafeterias, office snacks, and "convenience of the employer" meals from 50% (or 100%) to zero, while client meals, travel meals, and restaurant employee meals keep their old treatment. Here's the math on what the change costs and how small businesses should restructure their books.
Gusto vs. OnPay for Teams Under 10: Which Payroll Pricing Model Actually Fits?
Gusto's Simple tier runs $49/month + $6 per employee but gates multi-state payroll behind an $80 Plus tier; OnPay's single ~$40–59 + $6 plan includes it standard. A feature-by-feature cost comparison for businesses with 2–9 employees, covering PTO, direct deposit, benefits availability, support, and integrations.
Illinois' New NICU Leave Law: What Employers Need to Know Before June 2026
Illinois' Family Neonatal Intensive Care Leave Act takes effect June 1, 2026, requiring employers with 16 or more employees to provide 10 to 20 days of unpaid, job-protected leave for children hospitalized in a NICU, with civil penalties up to $5,000 per affected employee.
2026 HSA Contribution Limits: What Small Business Owners Need to Know
The IRS raised 2026 HSA limits to $4,400 self-only and $8,750 family (Revenue Procedure 2025-19). A small business owner's guide to the S-corp more-than-2% shareholder rules, the 35% comparability excise tax, cafeteria plan workarounds, and how to avoid excess-contribution penalties.
Connecticut's Paid Sick Leave Law Now Covers 11+ Employees: What Changed in 2026
Connecticut's paid sick leave law now covers employers with 11 or more employees as of January 1, 2026, dropping to zero threshold by 2027, while 17 states plus D.C. mandate some form of paid sick leave with accrual typically at one hour per 30 hours worked.
HSA Comparability Rules: Why You Can't Pay Yourself More Than the Front Desk
Employer HSA contributions outside a Section 125 cafeteria plan must be identical across comparable employees, or the IRS imposes a 35% excise tax on the full contribution pool, not just the excess.
Portable Benefits for Independent Contractors: A Guide to the New State Laws
Utah, Alabama, Tennessee, Georgia, and West Virginia now let businesses contribute to an independent contractor's portable benefit account without that contribution counting as evidence of employment. How the state safe harbors work, what Utah's 50% tax credit (up to $2,000 per contractor) covers, and how to track contributions in your books.
Section 125 Cafeteria Plan Nondiscrimination Testing: A 2026 Guide for Small Businesses
Section 125 cafeteria plans must pass three IRS nondiscrimination tests each year — eligibility, benefits and contributions, and the 25% key employee concentration test. This guide covers the 2026 thresholds ($220,000 officer and $160,000 HCI compensation, $3,400 FSA and $7,500 DCAP limits), what a failed test costs your top earners, and when a Simple Cafeteria Plan under Section 125(j) lets employers with 100 or fewer employees skip testing entirely.
The 2026 SIMPLE IRA Two-Tier Contribution Limits: $17,000 vs. $18,100 Explained
For 2026 the standard SIMPLE IRA elective deferral limit is $17,000, but employers with 25 or fewer employees (or 26-100 that raise their match) get an enhanced $18,100 limit under SECURE 2.0 — and a rounding quirk means the enhanced-tier catch-up contribution is actually lower than the standard one.
The Founder's Guide to ESOPs: Selling Your Business to Your Employees
How an ESOP lets founders exit on their own terms — 6,411 US ESOPs hold $2.1 trillion for 15.1 million employees. Covers Section 1042 capital gains deferral, the S-corp federal tax exemption, 2–4% deal costs, fiduciary and repurchase obligations, and which businesses actually fit the structure.