After several years of proposing changes to the definition of "employee" for purposes of the HUBZone program SBA has adopted a new definition at 13 CFR 126.103. The new regulation becomes effective in six months, Mat 2010. This is to allow HUBZone business concerns and those applying for certification sufficient time to comply with the new definition. The percentage of employees required to be living in a HUBZone is not changed. The new regulation reads as follows:
Sec. 126.103 What definitions are important in the HUBZone program? * * * * *
Employee means all individuals employed on a fulltime, part time, or other
basis, so long as that individual works a minimum of 40 hours per month. This
includes employees obtained from a temporary employee agency, leasing concern,
or through a union agreement or co-employed pursuant to a professional employer
organization agreement. SBA will consider the totality of the circumstances,
including criteria used by the IRS for Federal income tax purposes and those
set forth in SBA's Size Policy Statement No. 1, in determining whether
individuals are employees of a concern. Volunteers (i.e., individuals who
receive deferred compensation or no compensation, including no in kind compensation,
for work performed) are not considered employees. However, if an individual has
an ownership interest in and works for the HUBZone SBC a minimum of 40 hours
per month, that owner is considered an employee regardless of whether or not
the individual receives compensation.
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More details on the changes will be addressed in a future post.
