#legal
Legal
Legal considerations for business finance and accounting compliance
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.
Flowers Foods v. Brock: What the Supreme Court's FAA Arbitration Ruling Means If You Use Delivery Drivers
On May 28, 2026, a unanimous Supreme Court held in Flowers Foods v. Brock that a delivery driver who never leaves his home state can still qualify for the FAA's transportation-worker arbitration exemption if the goods are mid-journey in interstate commerce. What the ruling means for small businesses using contractor or franchisee drivers, and how to shore up arbitration agreements now.
FTC Bans Air AI From Selling Business Opportunities: What the $18M AI-Washing Case Means for Buyers
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.
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.
Montgomery v. Caribe Transport: The Supreme Court Just Made Freight Brokers Liable for Negligent Carrier Hiring
On May 14, 2026, the Supreme Court ruled 9-0 in Montgomery v. Caribe Transport II that freight brokers can be sued under state negligence law for hiring unsafe motor carriers, ending FAAAA preemption as an early-dismissal defense. Here is what brokers and shippers should do about carrier vetting, documentation, and insurance coverage.
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.
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.
Wepplo v. Commissioner: The Tax Court Case That Could Refund COVID-Era IRS Interest
The U.S. Tax Court is weighing whether IRC Section 7508A(d) barred the IRS from charging interest between January 20, 2020 and July 10, 2023. Building on Abdo and Kwong, Wepplo v. Commissioner gives taxpayers with a Tax Court decision a one-year Rule 261 window to seek interest redetermination — independent of the July 10, 2026 protective refund claim deadline.
Alta Wind v. United States: Why You Can't Use a Tax Credit to Inflate Its Own Basis
On July 8, 2026, the Court of Federal Claims ruled in Alta Wind v. United States that Section 1603 renewable-energy grant basis must come from actual documented costs plus a 15–20% developer markup — not a DCF valuation where 98% of the value came from the anticipated grant itself. The circularity principle governs every investment tax credit basis calculation, from a $1B wind farm to a small business's rooftop solar array.
Besicorp v. Commissioner: Why the IRS Couldn't Collect a $380 Million Penalty — and What a CDP Hearing Can Do for Your Business
In Besicorp Group v. Commissioner (June 29, 2026), the Second Circuit blocked IRS lien-and-levy collection of $380 million in tax-shelter penalties because the Appeals Officer never verified written supervisory approval under IRC § 6751(b) — even though the penalties were already final after Tax Court. Here is how the Collection Due Process hearing works, what the ruling does and doesn't change, and the five steps a small business should take after a lien or levy notice.