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Exempt vs. Non-Exempt Employees: A Plain English Guide
Exempt vs. non-exempt explained in plain English — the three FLSA tests, 2026 salary thresholds (federal + 6 states), and the most common misclassification patterns SMBs make.
Employee vs. Independent Contractor: Classification Rules Every SMB Should Know
The difference between an employee (W-2) and an independent contractor (1099) is determined by the substance of the working relationship, not the label on the paperwork. Federal agencies (IRS, DOL) and state agencies each apply their own multi-factor tests, and a worker can legally be a contractor under one and an employee under another. The most consequential question across nearly every test is whether the worker is economically dependent on your business or genuinely running their own. Getting the classification wrong is the single most expensive HR mistake an SMB can make — penalties stack across federal taxes, state taxes, unpaid overtime with liquidated damages, workers' comp, unemployment insurance, and benefits.
Understanding Increased Form I-9 Fines: A Guide for Employers
The Department of Homeland Security (DHS) recently released updated fines for Form I-9 civil penalties, accounting for annual inflation. These new fines, effective for penalties assessed after February 12, 2024, impact violations occurring after November 2, 2015.
Bye bye noncompete clauses
The U.S. Federal Trade Commission (FTC) has approved a proposed final rule banning most new noncompete clauses in employment contracts. This sweeping rule affects millions of workers and makes all existing noncompete agreements (except those covering senior executives) unenforceable.
The Strategic Alliance between Labor and Employment Attorneys and HR Consultants
To offer comprehensive solutions and address the evolving challenges faced by businesses, attorneys can significantly enhance their service by strategically collaborating with Human Resources (HR) consultants.
8 Tasks to Maximize Success
The beginning of the calendar year is a critical period for setting the foundation of success for the months ahead. Human resources (HR) tasks play a pivotal role in ensuring a smooth and productive year
DOL Narrows Scope of Independent Contractor Classification: A Looming Tsunami for Businesses?
The recent U.S. Department of Labor (DOL) rule that significantly narrows the definition of an independent contractor has sent shockwaves through the business community. This shift, set to take effect on March 11, 2024, resurrects a stricter "totality of the circumstances" test, potentially triggering a wave of misclassification lawsuits and hindering businesses' ability to engage flexible workers. Buckle up, folks, because we're in for a bumpy ride.
2023 Expanded Joint Employer Rule: What Employers Need to Know
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule that expanded the definition of joint employer under the National Labor Relations Act (NLRA). This means that two or more employers may now be considered joint employers of the same employees, even if they do not have direct control over the employees' terms and conditions of employment.
Fractional HR can help you scale
A fractional HR consultant is a professional who provides HR services on a part-time or project basis. They can offer you the flexibility, affordability, and expertise that you need to manage your HR needs effectively.
The EEO-1 Report: What You Need to Know for 2023
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the collection window will open in “mid-July” 2023, not April, as initially scheduled.
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Popular Management Posts
In light of President Trump's 2025 Executive Orders—specifically EO 14151 and EO 14173—organizations must reassess their Diversity, Equity, and Inclusion (DEI) programs to ensure compliance with the new federal mandates. These orders have significantly altered the landscape for DEI initiatives, particularly for entities engaged in federal contracts or receiving federal funding.