#legal
Legal considerations for business finance and accounting compliance
The Fair Labor Standards Act has no employee-count trigger — enterprise coverage begins at $500,000 in annual gross sales, and individual coverage can apply well below it. Here is what changes at the threshold, the five obligations it imposes, and a seven-step checklist to run before an investigator calls.
A PMSI lets a supplier outrank a bank's earlier blanket lien on the goods it sold — but only with exact mechanics: file within 20 days for equipment, and for inventory perfect before delivery plus send an authenticated notice the lender received within the prior five years.
Three federal posters — FLSA, OSHA 3165, and EPPA — apply to nearly every private employer, while the EEO "Know Your Rights" notice kicks in at 15 employees and FMLA at 50. Every one is free from the government, and DOL guidance lets fully remote teams satisfy the continuous-posting rule electronically.
An SSA no-match (EDCOR) letter means a W-2's name and SSN don't match SSA's records — and more than 70% of flagged records belong to native-born U.S. citizens. Here's the four-step employer response, the five actions that trigger INA discrimination liability, and the 2026 IRS penalty tiers of $60, $130, and $340 per incorrect return.
Accountant malpractice claims require proving duty, breach, causation, and damages — and the math is narrower than most clients expect: penalties caused by the error are typically recoverable, interest often is not, and tax you legally owed almost never is. State deadlines run two to six years, and an engagement letter's liability cap may limit recovery to the fees you paid.
The FTC's amended COPPA Rule, finalized in January 2025 with compliance required by April 2026, reaches any app or website with actual knowledge of users under 13, not just products built for children. It requires a separate opt-in parental consent before sharing a child's data or serving targeted ads, a published retention schedule that bars indefinite storage, and a written security program, with civil penalties above $50,000 per violation. This guide lays out who is covered, which consent methods the FTC accepts, and a seven-step checklist a small team can run without a privacy department.
A lien waiver comes in four forms, and two words decide whether you kept your lien rights. Conditional waivers release rights only if the payment clears, so they go out with the invoice; unconditional waivers release immediately whether or not you are paid, so they go out only after funds clear the bank. Includes the through-date, retainage, and preliminary-notice rules that make the system hold up.
A personal Spotify plan is not a public-performance license. Playing it for customers exposes a business to statutory damages of $750–$30,000 per song ($150,000 if willful), while blanket licenses from ASCAP, BMI, SESAC, and GMR run roughly $500–$2,000 a year and business music services cost $17–$60 a month per location. The Section 110(5) exemption covers only over-the-air radio and TV in establishments under 2,000 square feet (3,750 for food and drink), never streaming.
The Magnuson-Moss Warranty Act applies to every written warranty on a consumer product costing more than $10, requiring a full or limited title, forbidding blanket disclaimers of implied warranties and brand-name parts requirements, and mandating pre-sale access to the terms above $15. A small-seller guide with a 10-point compliance checklist.
Under the ADA a service animal is a dog individually trained to perform a disability-related task; emotional support animals do not qualify. Businesses may ask only two questions, cannot demand papers, vests or fees, and may remove a dog only if it is out of control or not housebroken. Covers the staff script, the FDA Food Code kitchen line, why housing (HUD) and airlines (DOT) differ, the 35 state fake-service-animal laws, and how to track compliance costs.
A transfer-on-death deed names a beneficiary for your house the way you would for a bank account — recorded now, revocable any time, effective only at death. More than 30 states plus DC authorize one; Florida and Michigan use the Lady Bird (enhanced life estate) deed instead. Here is what each does, how to record one correctly, and the filing errors that send families back into a 9-to-18-month probate.
Under the FLSA's suffered-or-permitted standard (29 CFR 785.11), a nonexempt employee's four-minute reply to a 9 p.m. text is compensable work if you knew or had reason to know it happened, and the de minimis rule in 29 CFR 785.47 rarely covers timestamped, recurring message time. This guide covers exempt-vs-nonexempt classification at the $684-per-week salary floor, the four timekeeping setups that manufacture violations, the two-to-three-year lookback with doubled liquidated damages, and a five-habit compliance playbook for small employers.
