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What You Need to Know About the Corporate Transparency Act

By Legal
In 2021, Congress enacted the Corporate Transparency Act (CTA) to curb illicit finance activities, such as money laundering, tax evasion and other illegal activities. The federal agency charged with enforcing the CTA is the Financial Crimes Enforcement Network (FinCEN).  Who’s Affected by the CTA  The CTA requires that companies doing business in the United States report mandated information about the people who own or control them, including beneficial owners and applicants. The CTA applies to…
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Revisit Your Recordkeeping Requirements

By Legal, Payroll
It’s good practice to periodically revisit recordkeeping requirements under the Fair Labor Standards Act (FLSA). Every employer covered by the FLSA must keep certain payroll records for each covered, nonexempt worker. It’s in an employer’s best interest to keep as much detailed information as possible to demonstrate compliance with the FLSA’s provisions regarding minimum wage, overtime, equal pay and child labor. At a minimum, each employer must retain: Payroll records, collective bargaining agreements, and sales…
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Georgia Expands Voting Leave Provisions

By HR, Legal
With a new election season coming, employers should be aware of their obligations in terms of providing time off to vote. Employees can now legally request time off for advance voting, as well as on election day. On July 1, Georgia Senate Bill 129 went into effect; the new law ensures that employees receive time off from work for early voting in primaries and elections. It also revises provisions related to taking time off to…
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Alternative Procedure Approved for I-9 Document Inspection

By HR, I-9 Documents, Legal
After announcing that it would end its temporary flexibilities for Form I-9 verification requirements, the Department of Homeland Security (DHS) has adjusted its stance again. In May 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers would have until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities. On July 25, 2023, DHS announced the availability of an alternative procedure effective August 1, 2023. Employers who…
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How the Pregnant Workers Fairness Act May Impact Your Small Business

By HR, Legal
The Pregnant Workers Fairness Act (PWFA), a new law effective June 27, 2023, gives pregnant workers extra protections if they require accommodations to carry out their work duties. It’s important to note that existing laws have protected the rights of pregnant workers for a long time. The PWFA simply spells out requirements for employers to make accommodations, if necessary, for the worker’s safety and comfort. Employers’ Obligations Under the PWFA The PWFA requires covered employers…
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The 80/20 Tip Credit Rule Still Stands

By HR, IRS, Legal, Payroll, Tips
In July, a federal court refused to block the U.S. Department of Labor (DOL)’s “80/20 rule,” which applies to employers taking the tip credit toward their federal minimum wage obligations. The DOL rule is intended to limit the amount of non-tip producing work that a tipped employee can perform when an employer is taking a tip credit. Here is a good article on the 80/20 rule from Fisher Phillips that restaurant owners should read to…
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Phony Job Titles Aren’t the Way to Avoid Overtime Pay

By Legal
In August, we discussed tougher new standards in Georgia for classifying a worker as an independent contractor. The law intends to prevent companies from categorizing someone as a contractor when they’re really an employee who should receive the protections of federal and state employment laws. Misclassifying an employee as exempt is one of the latest ways that companies are trying to get around labor laws. It’s hard to believe that business owners would do this,…
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What You Need to Know about IRS Forms 1095-A, 1095-B and 1095-C

By IRS, Legal
Under the Affordable Care Act (ACA), the IRS requires all employers and qualified health plan providers to report information about their offers of health coverage and health coverage enrollment using tax Forms 1095. What is the Difference Between Forms 1095-A, 1095-B Form 1095-C? Form 1095-A The 1095-A form (Health Insurance Marketplace Statement) is for people who have health insurance through the Health Insurance Marketplace, often called an exchange. These are individuals who do not have…
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How Ending Non-Compete Agreements Would Impact Employers

By Legal, Non-Compete Agreements
Non-compete agreements are typically signed at the beginning of a business relationship, such as when a new employee is hired. If the employee leaves the job, the agreement usually stipulates a time period that he or she may not engage in business activities that would compete with the employer. The Federal Trade Commission (FTC) has proposed a new rule that would ban employers from imposing non-compete agreements on their workers. Why is the FTC Proposing…
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Tip Pooling Eligibility: Who Can Participate?

By Legal, Tips
Tips and gratuities can make up a significant portion of many workers’ earnings. In addition to restaurant workers, employees in other settings such as beauty salons, car washes and valet services routinely receive tips from customers. So, what happens to the cash tip that you handed to the person who washed your car? The business may require the employee to place the tip in a “tip pool.” What is Tip Pooling? Tip pooling is the…
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