Fair Labor Standards Act (FLSA): Federal law governing worker classification, minimum wage, overtime pay, and recordkeeping requirements. Essential for properly categorizing consultants as independent contractors.
IRS Regulations - Independent Contractor Classification: Federal tax guidelines determining the classification of workers as independent contractors vs employees, including behavioral control, financial control, and relationship factors.
Civil Rights Act: Federal anti-discrimination laws protecting against discrimination based on race, color, religion, sex, or national origin in business relationships.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for individuals with disabilities, which may apply to consulting arrangements.
State Labor Laws: Various state-specific regulations governing employment relationships, contractor rights, and workplace requirements.
State Contractor Licensing: State-specific requirements for professional licensing and certification of contractors and consultants.
Non-Compete Regulations: State-specific laws governing the enforceability and limitations of non-compete agreements with consultants.
Intellectual Property Laws: Federal and state laws governing patents, copyrights, trademarks, and trade secrets, crucial for protecting work products and innovations.
Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, including contract formation and enforcement.
Data Privacy Laws: Federal and state regulations regarding data protection, breach notification, and privacy requirements, including industry-specific requirements like HIPAA or GDPR if applicable.
Immigration Laws: Federal regulations governing the employment of foreign nationals, including visa requirements and work authorizations.
State Tax Regulations: State-specific tax requirements for independent contractors and consulting services.
Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable, particularly relevant for service agreements.
Cybersecurity Requirements: Industry and state-specific requirements for data security and protection of sensitive information in consulting relationships.
