Feedback Requested:
DOL Independent Contractor Rulemaking
The U.S. Department of Labor is proposing to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA or Act) to be more consistent with judicial precedent and the Act's text and purpose. Specifically, the proposed rule would do the following:
- Align the department's approach with the courts' FLSA interpretation and the economic reality test.
- Restore the multifactor, totality-of-the-circumstances analysis to determine whether a worker is an employee or an independent contractor under the FLSA.
- Ensure that all factors are analyzed without assigning a predetermined weight to a particular factor or set of factors.
- Revert to the longstanding interpretation of the economic reality factors. These factors include the investment, control, and opportunity for profit or loss factors. The integral factor, which considers whether the work is integral to the employer's business, is also included.
- Assist with the proper classification of employees and independent contractors under the FLSA.
- Rescind the 2021 Independent Contractor Rule.
NAWBO plans to send comments and would appreciate hearing any feedback you have on the proposed rule.
Interagency Community Investment Committee
The Interagency Community Investment Committee (ICIC) has issued a Request for Information (RFI) to gather the American people's input on improving the effectiveness and impact of federal community investment programs. They request feedback from community stakeholders to understand the specific challenges with accessing and working with federal community investment programs and how to overcome any impediments to finances flowing to underserved communities.
NAWBO plans to send comments and would appreciate hearing any feedback you have on the proposed rule.
Hill Updates:
- The Senate returned to Capitol Hill this week to start debate on the National Defense Authorization Act (NDAA) for Fiscal Year 2023 while the House is in a district work period.
- Before they departed for recess, the Senate unanimously six bills to improve the U.S. Small Business Administration (SBA) and invest in small businesses. A couple already had companion bills pass the House.
- H.R. 4877, the One Stop Shop for Small Business Compliance Act, was introduced by former Representative and now-New York State Lieutenant Governor Anthony Delgado and Rep. Beth Van Duyne (R-Texas). The bill would require the SBA to maintain a website with hyperlinks to each federal agency's small business compliance guides, as well as the relevant points of contact for the guides. Senators John Cornyn (R-Texas), Jacky Rosen (D-Nev.), and Shaheen introduced the Senate companion, which cleared the committee on May 18.
- H.R. 3462, the SBA Cyber Awareness Act, was introduced by Reps. Jason Crow (D-Colo.) and Young Kim (R-Calif.). The bill will require the SBA to assess its cybersecurity procedures, develop and report to Congress annually its cybersecurity strategy, and implement a notification system to alert Congress and all affected parties in the event of a cyber-breach; the committee passed the bill on February 15. Senator Rubio sponsored the senate companion.
- S. 1617, the Disaster Assistance for Rural Communities Act was introduced by Senators Jeanne Shaheen (D-N.H.), Jim Risch (R-Idaho), Maggie Hassan (D-N.H.), John Kennedy (R-La.), and Mike Braun (R-Ind.). The bill would amend the SBA's threshold for disaster declarations to allow the administrator to issue a disaster declaration for rural communities that have been included in a Presidential public assistance-only disaster declaration if the governor of the state has requested the declaration; and at least one homeowner, small business, or nonprofit had significant damage. The bill passed the committee on February 15, 2022
- S. 1687, the Small Business Cyber Training Act of 2021, was introduced by Senators Shaheen and Marco Rubio (R-Fla.). The bill would create a program to train counselors at SBDCs to provide cybersecurity guidance to small business owners. The committee approved the bill on May 18, 2022.
- S. 3906, the Small Business Broadband and Emerging Technology Enhancement Act, was introduced by Senators Shaheen and Kennedy. The bill would equip the SBA with the leadership and resources necessary to help small businesses access broadband internet; the committee passed it on May 18.
- S. 2521, the SBIC Advisory Committee Act of 2022, was introduced by Chair Cardin and Senator Risch. The bill would establish an advisory committee to develop recommendations for increasing demographic and geographic diversity in SBA's Small Business Investment Company (SBIC) program. The bill cleared the committee on February 15. In 2021, SBICs made 1,063 investments in small businesses, of which only 55, or 5 percent, were owned by women, veterans, or minorities, and 224, or 20 percent, were located in low- and moderate-income communities. The advisory committee must submit a report to Congress with recommendations on expanding SBIC access to underserved communities within 18 months.
House Hearings
In a district work period.
Senate Hearings
No hearings are scheduled.
Biden Administration Updates:
EIDL Registration, Payments, and more!
With the COVID EIDL first payment date fast approaching, recipients of COVID EIDL must know and understand the payment process. Join SBA Fresno District Office in this virtual workshop and learn the "How To" payment process for your business COVID EIDL Payments (October 18th, 2022, 11am - 12noon PT/2-3 PM ET; Link to join here).
Learn all about the SBA's 8(a) Business Development Program - 1st Thursday of each month
The 8(a) program is a robust nine-year program created to help firms owned and controlled by socially and economically disadvantaged individuals. This webinar is held on the 1st Thursday of each month at 11:00 a.m. ET. Click here to join online, or dial 469-225-3127. Conference ID: 577 388 907#
Businesses that participate in the program receive training and technical assistance designed to strengthen their ability to compete effectively in the American economy. Also eligible to participate in the 8(a) program are small businesses owned by Alaska Native corporations, Community Development Corporations, Indian tribes, and Native Hawaiian organizations. Small business development is accomplished by providing various management, technical, financial, and procurement assistance. Once certified, 8(a) program participants are eligible to receive federal contracting preferences and receive training and technical assistance designed to strengthen their ability to compete effectively in the American economy.
SBA Announces Inaugural Small Business Cyber Summit to Take Place During National Cybersecurity Month
On October 26, the SBA will convene experts from the cybersecurity and business worlds to share best practices and practical tools the small businesses to bolster their cyber defenses. The summit comes on the heels of the recently announced awardees for the SBA's new pilot program to help emerging small businesses steel themselves against cyber-attacks.
Registration for the event is open to all and free. Sign up here.
Register for SBA's Money Smart Webinar Wednesdays to get Financially Fit in Six Weeks
Are you Money Smart? Get financially fit in 6 weeks when you join the SBA's virtual business training program for aspiring and existing entrepreneurs on the financial basics of starting and growing a business. All classes are offered Wednesdays from 12:00 p.m. to 1:00 p.m. ET, with time allocated for a live Q&A. The sessions are not recorded.
- Banking Services - Wednesday, October 19 This module provides an overview of business banking services for small businesses. Register Here
- Time Management - Wednesday, October 26 This module provides an overview of time management and is designed to help participants to understand how time management can benefit their business. Register Here
- Financial Management - Wednesday, November 2 This module provides an overview of business financial management and is designed to help participants to understand how financial management can benefit their business. Register Here
- Risk Management - Wednesday, November 9 This module provides an overview of risk management and is designed to help participants to understand how risk management can benefit their business. Register Here
- Managing Cash Flow - Wednesday, November 16 This module encourages the participants to focus on cash flow management as an essential competency of business ownership. Register Here
- BONUS! Selling Your Business & Succession Planning - Wednesday, November 30 This module overviews selling a small business and succession planning. It is designed to help participants understand how selling a business can benefit their business. Register Here
Nominate Your Business for a 2023 National Small Business Week Awards
The 2023 National Small Business Week (NSBW) Awards recognize SBA-assisted small businesses' inspirational achievements and contributions to their communities and our nation's economy. All nominations should be submitted electronically by 3 p.m. ET on December 8, 2022.
For over 50 years, the SBA has celebrated National Small Business Week, which recognizes the critical contributions of America's entrepreneurs and small business owners. To nominate a small business owner or champion, download related forms, criteria, and guidelines and visit sba.gov/nsbw. Nominations for the following categories will be accepted:
- Small Business Person of the Year
- Small Business Exporter of the Year
- Phoenix Awards for Disaster Recovery
- Federal Procurement Awards
- Awards to SBA Resource Partners
- Small Business Investment Company of the Year