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Employee Benefits

Discover employee benefit options to attract talent and reduce turnover in small businesses

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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.

mike

payrollcompliancesmall-business

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.

mike

retirement-plansfiduciarycompliance

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.

mike

tax-deductionstax-planningsmall-business

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.

mike

tax-compliancepayrollemployee-benefits
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