Author: Dawn Donham In the world of business and entity establishments, certain roles are pivotal, yet are often overlooked when ensuring that the business is in compliance with state regulations. One such role is that of a Registered Agent. Our firm offers this service and other business maintenance services as part of our Business Entity Records Maintenance Program (BERM). As a result of recent filing requirements surrounding the Corporate Transparency Act and the Secretary of State’s Annual Reporting requirements, our firm has concluded that businesses may not have a full understanding of t ..read more

On January 9, 2024, the U.S. Department of Labor (DOL) announced a six-factor test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The new rule takes effect on March 11, 2024, and rescinds the Independent Contractor Status under the Fair Labor Standards Act rule (2021 IC Rule). The six-factor test asks whether, as a matter of economic reality, a worker is dependent on the employer or is in business as an independent contractor. The six factors are: Opportunity for profit or loss based on managerial skill. Does the worker ..read more

Recently, a client who owns a restaurant called about a new restaurant that had opened up down the road. The client was concerned because the new restaurant had a name that was really similar to hers. In fact, the names were so similar that one of my client’s customers came into her restaurant and told her “I can’t believe your other location serves such terrible food,” thinking that my client owned the new restaurant as well. My client wanted to know what she could do about this. She worked years to build her brand and this new restaurant was ruining it. My first question was whether she had ..read more

In a landmark opinion issued on Friday, March 1, 2024, a Federal District Court in Huntsville, Alabama issued a ruling that declared the Corporate Transparency Act (CTA) unconstitutional. In a 53-page opinion granting summary judgment for the National Small Business Association, the court held that the “Corporate Transparency Act exceeds the Constitution’s limits on the legislative branch and lacks a sufficient nexus to any enumerated power to be a necessary or proper means of achieving Congress’ policy goals.” The CTA, enacted by Congress to combat money laundering, terrorism financing, and o ..read more

Here at Worden Thane, we believe in empowering our clients with the knowledge and resources they need to navigate the legal landscape safely and confidently. Today, we want to bring your attention to a pressing matter concerning fraudulent attempts targeting individuals and entities subject to reporting requirements under the Corporate Transparency Act (CTA). The Financial Crimes Enforcement Network (FinCEN) has recently been alerted to a series of fraudulent solicitations aimed at gathering sensitive information from reporting companies. These fraudulent communications often come under the gu ..read more

The Corporate Transparency Act (“CTA”), which was signed into law on January 1, 2021, will become effective on January 1, 2024. The CTA requires “reporting companies” to submit certain information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN), which is a bureau of the U.S. Department of the Treasury. A “reporting company” includes corporations, limited liability companies (LLCs), homeowners associations, and other similar entities.  The primary goal of the CTA is to combat money laundering, terrorism financing, and other financial crimes by enhancing t ..read more

Authors: Alex Clark and Noah Hill The U.S. Department of Labor (Department) is proposing to increase the minimum annual salary for exempt employees from $35,568 ($684 per week) to $55,068. The Department also proposes making minimum salary thresholds subject to automatic adjustments through a regulatory mechanism. The Department explains that the “[l]ong intervals between rulemakings have resulted in eroded earnings thresholds based on outdated earnings data that were ill-equipped to help identify bona fide” exempt employees.1 In response, the Department proposes an automatic updating mechanis ..read more

Written by: Alexander Clark In July 2023, the Montana Department of Revenue will begin issuing state income tax rebates to qualifying taxpayers. The rebate amount depends on the individual’s tax filing status for 2021 and the amount reported on line 20 of their Montana Form 2. The most an individual will receive is $1,250 and the most a married couple will receive is $2,500. WHO QUALIFIES? You qualify for the Individual Income Tax Rebate if: you were a resident of Montana from January 1, 2021, through December 31, 2021; you filed a 2020 Montana resident or part-year resident tax return before ..read more

Written by: Alexander Clark On March 13, 2023, Governor Gianforte signed into law a property tax rebate for Montana homeowners. Rebates are available for the 2022 and 2023 years. Each rebate is worth up to $500, depending on how much you paid in property taxes for each year. Here is what you need to know about Montana’s property tax rebate. ELIGIBILITY  You may qualify for a rebate for your principal home for 2022 and 2023 for each year that you: were billed and paid Montana property taxes; owned the home for which you claim a rebate for at least seven months; lived in the home for which ..read more

By: Jennifer Shannon and Dawn Donham The practice of law is hard. The answers are never black and white, the deadlines are strict, and sometimes our client’s fate comes down to a decision by twelve strangers. Because helping our clients is important to us, we are willing to carry that pressure. But what does that mean for everyone in the office? Stress.  That said, we are always looking for ways to lighten the mood around the office. A positive work environment means satisfied employees and by extension, happy clients. One of the ways that we try to do this is by sharing our pets with eac ..read more