​

Effective Date: January 1, 2024

Important Notice

​

This Legal Notice establishes the general policies and legal-information framework applicable to individuals who interact with S.M.E. Advocate Associations, Inc. and/or SME & Associates, Inc., including individuals who may identify themselves as employees, independent contractors, 1099 workers, non-employees, applicants, volunteers, business associates, referral sources, or other persons.

​

Because S.M.E. Advocate Associations, Inc. and SME & Associates, Inc. may have different organizational purposes, functions, and relationships with individuals and businesses, the specific legal status of any individual or relationship must be determined based upon the actual facts, applicable agreement, and applicable law.

​

This page is intended as a general legal and informational notice and does not replace an executed contract, applicable company policy, government determination, or advice from a licensed attorney.

​

1. GOVERNING LAW

S.M.E. Advocate Associations, Inc. and SME & Associates, Inc. operate in Texas. Unless a written agreement or applicable law provides otherwise, Texas law may govern relationships, agreements, business activities, and disputes arising from activities conducted in Texas.

​

Applicable federal laws may also apply depending upon the nature of the relationship, services performed, business activity, worker classification, and other circumstances.

​

Nothing on this page is intended to waive any right or protection that cannot legally be waived.

​

2. EMPLOYEE VS. INDEPENDENT CONTRACTOR

A person's classification is not determined solely by the title used by the parties.

Calling an individual a:

• 1099 worker

• Independent contractor

• Contractor

• Contract worker

• Consultant

• Non-employee

• Temporary worker

• Self-employed individual

does not, by itself, establish the individual's legal classification.

​

Texas worker classification depends upon the underlying relationship and applicable legal standards, including factors concerning direction and control over the work.

​

Accordingly, SME & Associates, Inc. and S.M.E. Advocate Associations, Inc. will rely upon the actual relationship, applicable written agreement, and applicable law when determining the nature of an individual's relationship with the organization.

​

3. INDEPENDENT CONTRACTORS AND 1099 WORKERS

A properly classified independent contractor is generally treated as a self-employed individual or independent business rather than an employee.

​

Independent contractors may be responsible for their own:

• Federal income taxes

• Self-employment taxes

• Business expenses

• Equipment and supplies

• Insurance

• Licenses

• Permits

• Business records

• Tax reporting

• Other legally required business obligations

​

The issuance of a Form 1099 does not, by itself, determine whether a person is legally an independent contractor.

​

4. TEXAS PAYDAY LAW

The Texas Payday Law generally applies to employees and does not generally apply to properly classified independent contractors.

​

For individuals who are legally classified as employees, applicable Texas wage-payment requirements may apply, including requirements concerning the payment of earned wages.

​

For properly classified independent contractors, payment is generally governed by the applicable service agreement or contract and other applicable law.

​

5. CONTRACTOR COMPENSATION

Independent contractor compensation is governed primarily by the applicable written agreement between the contracting parties, subject to applicable law.

A contractor may be compensated by:

• Flat-fee arrangements

• Project-based compensation

• Commission arrangements

• Contract rates

• Milestone payments

• Other negotiated compensation

​

A contractor is responsible for understanding the terms of the agreement before accepting or performing services.

Nothing in this section authorizes withholding compensation that is legally due under an applicable contract or law

.

6. WAGES AND EARNED COMPENSATION

An individual who believes that wages or other compensation are owed should first review the applicable employment or contractor agreement and submit the matter through the appropriate company or governmental process.

​

Employees may have rights under applicable federal and Texas wage laws.

​

Independent contractors may have contractual rights under their service agreement and applicable law.

​

The legal rights applicable to a particular individual depend upon the individual's actual classification and circumstances.

​

7. NO RECLASSIFICATION BY LABEL

Neither S.M.E. Advocate Associations, Inc. nor SME & Associates, Inc. intends for a label, title, payment method, or tax form to improperly change an individual's legal status.

​

Where worker classification is questioned, the actual facts and applicable legal standards should be considered.

​

8. NON-EMPLOYEES

For purposes of this website and organizational communications, the term non-employee may refer to a person who does not have an employment relationship with the organization.

​

Examples may include:

• Independent contractors

• Consultants

• Vendors

• Referral sources

• Business associates

• Volunteers

• Applicants

• Individuals performing services for another business

• Individuals participating in programs that do not establish an employment relationship

​

The use of the term "non-employee" does not override any legal determination that may apply under federal or Texas law.

​

9. S.M.E. ADVOCATE ASSOCIATIONS, INC.

S.M.E. Advocate Associations, Inc. is a non-profit organization and is not operated for the purpose of generating or retaining business revenue from employment, contractor, staffing, or service-placement activities.

​

S.M.E. Advocate Associations, Inc. does not actively recruit, retain, or hire employees or independent contractors for revenue-generating business operations.

​

S.M.E. Advocate Associations, Inc. does not provide employment-placement, staffing, contracting, or other revenue-generating services for the purpose of generating business revenue.

​

Any individual who interacts with S.M.E. Advocate Associations, Inc. should not assume that the interaction creates an employment, contractor, staffing, or revenue-producing relationship.

​

The organization's legal and tax status is governed by its organizational documents, registrations, tax status, and applicable law.

​

10. SME & ASSOCIATES, INC.

SME & Associates, Inc. is a separate business organization from S.M.E. Advocate Associations, Inc.

​

Individuals and businesses should not assume that communications, activities, referrals, relationships, or interactions involving one organization automatically create a contractual, employment, contractor, or financial relationship with the other organization.

​

Any relationship with SME & Associates, Inc. should be determined by the applicable agreement, application, employment documentation, contractor agreement, business-service agreement, or other applicable documentation.

​

11. NO AUTOMATIC EMPLOYMENT RELATIONSHIP

Submission of an application, resume, inquiry, complaint, referral, registration, or other communication does not automatically create an employment relationship.

​

Likewise, communicating with an executive, owner, employee, representative, recruiter, contractor, or business associate does not automatically establish that the person communicating with the individual is the individual's employer.

​

The existence of an employment or contractor relationship depends upon the actual facts and applicable law.

​

12. FALSE, FRAUDULENT, OR INTENTIONALLY MISLEADING CLAIMS

S.M.E. Advocate Associations, Inc. and SME & Associates, Inc. expect all complaints, claims, reports, statements, documentation, and communications concerning the organizations and their representatives to be truthful and accurate to the best of the person's knowledge.

​

The organizations do not authorize or condone:

• Knowingly false statements

• Fraudulent claims

• Falsified documentation

• Falsified time records

• Falsified payment records

• Material misrepresentations

• Fabricated evidence

• Intentional concealment of material facts

• False accusations made knowingly or with fraudulent intent

• Attempts to obtain money, services, benefits, or other compensation through false information

​

Where an organization has evidence that a claim or statement was knowingly false, fraudulent, or intentionally misleading, the organization may document the matter and pursue any lawful remedies available under applicable law.

​

This provision does not prohibit or restrict a person from:

• Making a good-faith complaint

• Reporting suspected unlawful conduct

• Filing a legitimate wage claim

• Reporting suspected discrimination

• Reporting suspected fraud

• Cooperating with a government investigation

• Seeking legal advice

• Exercising any right protected by applicable law

​

The organizations reserve all rights and remedies available under applicable law concerning knowingly false or fraudulent conduct.

​

13. CLAIMS AGAINST EXECUTIVES, OWNERS, EMPLOYEES, OR REPRESENTATIVES

S.M.E. Advocate Associations, Inc. and SME & Associates, Inc. recognize that individuals may have different legal rights and responsibilities depending upon the circumstances of a dispute.

​

A person should not automatically attribute the acts of one individual to an organization without factual and legal support.

​

Likewise, a person should not make knowingly false or fraudulent allegations against:

• S.M.E. Advocate Associations, Inc.

• SME & Associates, Inc.

• Owners

• Executives

• Officers

• Directors

• Employees

• Contractors

• Recruiters

• Agents

• Representatives

• Business associates

​

Any allegation should be based upon facts known to the reporting individual.

​

Nothing in this provision prevents a person from making a good-faith report or pursuing a legally protected claim.

​

14. FALSE STATEMENTS UNDER OATH

Individuals should understand that knowingly making certain false statements under oath or in legally authorized unsworn declarations may have legal consequences.

​

Applicable Texas law may impose penalties for certain false statements made under oath or in legally authorized declarations.

​

This website does not determine whether a particular statement constitutes perjury or another offense. Such determinations belong to the appropriate governmental authority or court.

​

15. DOCUMENTATION AND RECORDS

Individuals and businesses should maintain accurate records concerning their relationship with SME & Associates, Inc. or S.M.E. Advocate Associations, Inc.

​

Depending on the relationship, relevant records may include:

• Contracts

• Invoices

• Timesheets

• Payment records

• Emails

• Text messages

• Applications

• Employment documents

• Contractor agreements

• Notices

• Business records

• Communications concerning services

​

Individuals should retain copies of documents that they submit or execute.

​

16. GOVERNMENT CLAIMS AND ADMINISTRATIVE COMPLAINTS

Nothing on this page prevents an individual from contacting an appropriate governmental agency concerning a legitimate legal issue.

​

Depending on the issue, an individual may have rights under applicable federal or Texas law.

​

Government agencies may independently determine whether a particular law applies and whether a violation occurred.

​

SME & Associates, Inc. and S.M.E. Advocate Associations, Inc. reserve the right to respond to claims and provide relevant documentation to the appropriate agency, court, arbitrator, mediator, or other authorized authority.

​

17. TEXAS LAW AND WORKER CLASSIFICATION

Texas uses applicable statutory and common-law standards when determining employment and independent-contractor relationships.

​

Because worker classification is fact-specific, no website statement should be interpreted as determining the legal classification of every individual.

​

The actual relationship, conduct of the parties, applicable agreement, and governing law should be considered.

​

18. NO WAIVER OF LEGAL RIGHTS

Nothing contained on this page is intended to:

• Waive a right that cannot legally be waived

• Prevent a lawful complaint

• Prevent a government investigation

• Prevent a lawful wage claim

• Prevent a legally protected report

• Eliminate statutory protections

• Change an individual's legal classification

• Replace an executed contract

• Replace applicable federal or Texas law

If any provision of this page conflicts with applicable law, the applicable law controls.

​

19. PROFESSIONAL LEGAL ADVICE

This page provides general information concerning Texas labor, wage, contractor, and non-employee issues.

It is not legal advice and does not create an attorney-client relationship.

​

Individuals and businesses with questions regarding worker classification, wages, contracts, employment status, tax obligations, nonprofit status, or potential claims should consult a qualified Texas employment or business attorney.

​

20. GOVERNING LEGAL FRAMEWORK

Depending upon the circumstances, relevant laws and regulations may include:

• Texas Labor Code

• Texas Payday Law

• Texas Unemployment Compensation Act

• Texas Workers' Compensation laws

• Applicable Texas administrative regulations

• Applicable federal wage and employment laws

• Applicable federal tax laws

• Applicable laws governing nonprofit organizations

• Other applicable Texas and federal statutes and regulations

The applicable law depends upon the specific facts and relationship involved.

​

​

FINAL NOTICE

S.M.E. Advocate Associations, Inc. and SME & Associates, Inc. expect all individuals, businesses, contractors, employees, applicants, representatives, and other parties to communicate truthfully and conduct themselves in accordance with applicable law.

​

Knowingly false, fraudulent, fabricated, or intentionally misleading claims or documentation are not authorized and may result in the organization taking appropriate lawful action.

​

At the same time, nothing in this Legal Notice prohibits a person from making a good-faith complaint, reporting suspected unlawful conduct, cooperating with a government agency, seeking legal counsel, or exercising a right protected by law.

​

Texas law and applicable federal law govern where applicable.

Effective Date: January 1, 2024

​

LEGAL & COMPLIANCE DEPARTMENT

​

Designated Legal and Compliance Department

​

SME & Associates, Inc. maintains a designated Legal & Compliance Department responsible for receiving, documenting, reviewing, and coordinating legal, compliance, regulatory, employment, contractual, and business-related matters concerning the company.

​

The Legal & Compliance Department may consist of, as applicable:

• Attorneys

• Designated Compliance Officers

• Legal Advocates

• Paralegals

• Compliance personnel

• Other authorized legal and compliance representatives

​

The specific individual assigned to a matter will depend upon the nature and complexity of the issue.

​

All Legal and Compliance Matters

​

All legal, compliance, regulatory, employment-related, contractual, formal complaint, dispute, and other matters requiring review by SME & Associates, Inc. must be directed to the Legal & Compliance Department through one of the following official email addresses:

​

compliance@smeassociatesinc.com

smeaainc.compliance@outlook.com

​

Submitting a matter through these designated addresses allows the company to properly document, route, and assign the matter for appropriate review.

​

Matters That Should Be Directed to Compliance

The Legal & Compliance Department should receive matters involving:

• Formal complaints

• Employment-related disputes

• Contractor disputes

• Wage or payment disputes

• Contract disputes

• Allegations of policy violations

• Regulatory concerns

• Compliance concerns

• Allegations involving company representatives

• Claims involving company executives, owners, employees, contractors, or agents

• Requests for legal or compliance review

• Business or employment documentation requiring compliance review

• Notices from governmental agencies

• Litigation-related correspondence

• Threatened or pending legal action

• Subpoenas or other legal process

• Requests for company records related to a dispute

• Allegations of fraud, falsification, or misrepresentation

• Other matters requiring formal company review

​

Proper Communication Channel

To ensure that matters are properly documented and reviewed, individuals should not rely solely on verbal communications, informal messages, social-media communications, or communications with individual employees, recruiters, contractors, or business representatives to submit a formal legal or compliance matter.

Formal matters should be submitted to:

​

Legal & Compliance Department
SME & Associates, Inc.

Email: compliance@smeassociatesinc.com
Alternate Email: smeaainc.compliance@outlook.com

​

The company may assign an incident, complaint, case, or reference number when appropriate.

​

Attorney and Legal Representation Notice

The Legal & Compliance Department may include attorneys and other authorized compliance and legal-support personnel. However, not every communication with the department necessarily constitutes legal representation or creates an attorney-client relationship.

​

Individuals seeking independent legal advice concerning their personal rights or claims should consult their own licensed attorney.

​

Nothing in this policy prevents an individual from contacting a governmental agency, law-enforcement authority, court, or independent legal counsel when legally entitled to do so.

​

All formal legal and compliance matters concerning SME & Associates, Inc. should be directed to the Legal & Compliance Department through the official email addresses listed above.

​