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SBA Amends HUBZone Definition of "Employee"

The Small Business Administration has issued a final rule amending the Historically Underutilized Business Zone program's definition of the term "employee." The rule finalizes, with changes, a proposed rule (70,425.288) issued on January 26, 2007. The final rule amends SBA 126.103 to provide that "[e]mployee means all individuals employed on a full-time, part-time, or other basis, so long as that individual works a minimum of 40 hours per month." In response to a comment regarding the proposed rule, the SBA has clarified the definition of employee to exclude non-owner individuals "who receive deferred or no compensation." The final rule has also been modified, in response to a comment, to provide that the definition includes employees "co-employed pursuant to a professional employer organization agreement." Finally, the SBA has provided an effective date six months from publication to allow HUBZone small businesses to make any necessary changes to address the new definition. For the text of the rule, effective May 3, 2010, see 70,425.383.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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