Skip to main content

#legal

Legal

Legal considerations for business finance and accounting compliance

Can You Reclassify an Exempt Professional as Non-Exempt? DOL Opinion Letter FLSA2026-1 Says Yes

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.

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.

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.

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.

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.

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.