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Legal

Legal considerations for business finance and accounting compliance

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10 min read

Pay-If-Paid vs. Pay-When-Paid: The Subcontract Clause That Decides Whether You Get Paid When the Owner Stalls

A pay-if-paid clause makes the owner's payment a condition precedent and shifts the full risk of owner nonpayment onto the subcontractor, while a pay-when-paid clause only sets timing and still obligates the general contractor. Courts enforce pay-if-paid only when the condition-precedent language is express, and at least eight states (California, Illinois, Massachusetts, New York, North Carolina, South Carolina, Virginia, Wisconsin) void it outright. This guide covers how to tell the clauses apart, what to negotiate before signing, the Miller Act's 90-day notice and one-year suit deadlines, and how to book contingent receivables so your aging report and cash forecast tell the truth.

Mike Thrift

constructioncontractsaccounts-receivable
11 min read

Can Your Small Business Hire Unpaid Interns? The 7-Factor Test That Decides Whether You Owe Back Wages

The Department of Labor's seven-factor primary beneficiary test decides whether an unpaid intern at a for-profit business was legally an employee. Fail it and you owe back wages at minimum wage plus overtime, an equal amount in liquidated damages, and the worker's attorney fees, reaching back two to three years. Here is what each factor means for a small employer, what misclassification costs, and the safer alternatives.

Mike Thrift

small-businesshiringpayroll
11 min read

Virginia's SB 637 Lowers the Anti-Discrimination Threshold to 5 Employees: A Payroll and HR Recordkeeping Guide

Effective July 1, 2026, Virginia's SB 637 extends the Virginia Human Rights Act to employers with five or more employees (down from 15) and lengthens the discrimination complaint window from 300 days to two years. This guide explains how to count employees under the 20-week rule, sets a three-year retention schedule for hiring, payroll and disciplinary records, and walks newly covered small employers through a seven-step compliance checklist.

Mike Thrift

small-businesspayrollcompliance
10 min read

California's AI Transparency Act Is Now Live: What SB 942 Means for Your Generative AI Startup

California's AI Transparency Act (SB 942) became operative on August 2, 2026 after AB 853 pushed back its January start. Generative AI providers with more than one million monthly California visitors or users must offer a free detection tool with upload, URL and API intake, an optional visible label, and a mandatory latent watermark, revoke licenses within 96 hours of discovering tampering, and face $5,000 per violation per day. This guide covers who is a covered provider, the 2027 platform and 2028 capture-device phase-ins, a compliance checklist, and how to budget and book the program.

Mike Thrift

aicomplianceregulatory
10 min read

FinCEN Delayed the Investment Adviser AML Rule to 2028. The Clock Is Still Running.

FinCEN moved the investment adviser AML rule's effective date from January 1, 2026 to January 1, 2028, covering roughly 20,000 SEC-registered advisers and exempt reporting advisers. Here's what the rule requires — SARs at $5,000, CTRs above $10,000, travel-rule recordkeeping at $3,000 — and a 24-month plan to build the program before the deadline.

Mike Thrift

compliancerisk-assessmentsmall-business
18 min read

EU Platform Work Directive Deadline: What US Businesses Hiring European Freelancers Must Do Before December 2, 2026

The EU Platform Work Directive (2024/2831) must become national law in all member states by December 2, 2026, creating a rebuttable presumption that platform workers are employees. US businesses hiring EU-based freelancers through digital platforms face reclassification risk, algorithmic transparency duties, and new data-processing bans — this guide covers the six pillars, a 10-month compliance playbook, and the bookkeeping changes to make now.

Mike Thrift

compliancefreelanceindependent-contractor
15 min read

AI-Generated Content and Copyright in 2026: What Small Businesses Can Actually Own, Use, and Risk

After a $1.5 billion settlement and a Supreme Court decision reaffirming human authorship, 2026 rulings split AI training from AI output: training can be fair use, but storing pirated copies is not, and publishing outputs that reproduce protected work still risks infringement. This guide shows what small businesses can own, what they risk, and how to keep AI-assisted work defensible and auditable.

Mike Thrift

aicopyrightsmall-business
17 min read

Florida's Operations Charge Law (SB 606) Takes Effect July 1, 2026: How Restaurants Must Disclose Every Service Fee

Florida SB 606 amends Statute § 509.214 effective July 1, 2026, requiring restaurants to disclose every mandatory operations charge—its amount and purpose—on menus and receipts before the order, on its own line separate from tax and tips. Includes the payroll treatment (service charges are wages, not tips), sales-tax exposure, and a chart-of-accounts setup to book each fee cleanly.

Mike Thrift

restaurantcompliancesales-tax
15 min read

Ohio's Permanent Escheat Law: What the Nation's First Stadium-Funded Unclaimed Property Takeover Means for Your Books

Ohio H.B. 96 creates the nation's first permanent escheat at scale — unclaimed funds reported on or before January 1, 2016 vest permanently in the state on January 1, 2026, with a rolling 10-year bar thereafter, and $1.7 to $1.9 billion is slated for the new Cultural and Sports Facility Fund including $600 million for a Cleveland stadium.

Mike Thrift

unclaimed-propertycompliancebookkeeping
16 min read

Virginia's New Wage Liability Law: What HB 238 Means for General Contractors After July 1, 2026

Virginia HB 238 makes general contractors automatically jointly and severally liable for wages owed to a subcontractor's employees on construction contracts entered on or after July 1, 2026 — regardless of knowledge, and even when sworn payroll certifications say wages were paid. Here is what changed and how to reduce the exposure with tighter contracts, verified payroll, and clean job-cost accounting.

Mike Thrift

constructionpayrollcompliance
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