#legal
Legal considerations for business finance and accounting compliance
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.
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.
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.
The FTC's March 2026 settlement permanently bans Air AI and its owners from marketing business opportunities after buyers lost up to $250,000 on exaggerated AI earnings claims. Here's what the $18 million judgment covers, how the Business Opportunity Rule's seven-day disclosure and Earnings Claim Statement protect buyers, and a practical checklist for vetting any AI-powered business pitch.
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.
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.
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.
California's CPRA now covers employee, applicant, and contractor data, and regulations effective January 1, 2026 require risk assessments before high-risk HR uses like biometric time clocks and AI resume screening, with automated-decision-making notice and opt-out rules phasing in by 2027.
California's SB 440, effective January 1, 2026, gives private-project owners 30 days to respond to a change order claim and 60 days to pay the undisputed portion — or owe 2% monthly interest (24% a year). Here's how the law works, how it compares to other states, and how contractors should track the deadlines in their books.
Five states — Maine, Connecticut, Delaware, New York, and Colorado — now require written notice before monitoring employees. Maine's 2026 law adds annual re-notice, disclosure during hiring, and $100–$500 fines per violation, while Connecticut's expanded rules take effect October 1, 2026. Here is how to write one monitoring policy that satisfies every state.
EPA's TSCA Section 8(a)(7) rule requires manufacturers and importers of roughly 770 PFAS chemicals to report production, use, and disposal data back to January 1, 2011. The submission window now opens January 31, 2027 (or 60 days after a final scope rule), with proposed exemptions for articles and concentrations at or below 0.1% — here's what small businesses should document now.
The FTC's Consumer Review Rule (16 C.F.R. Part 465) took effect October 21, 2024, and in December 2025 the agency sent its first warning letters — with civil penalties of up to $53,088 per violation and no small-business exemption. A practical guide to the six prohibited practices, from rating-conditioned rewards to review gating, and a five-step compliance checklist owners can finish in a week.
