Practical HR Tips, News & Advice. Updated Daily.
The U.S. Department of Labor’s (DOL) revised test for determining whether interns are employees under the Fair Labor Standards Act (FLSA) just turned one, and the summer hiring season is fast approaching. Misclassification can be costly for employers. Let’s make sure you understand and are correctly applying the DOL’s revised test for unpaid internships.
A company misclassified its workers as franchisees, denying them proper compensation, the U.S. Department of Labor (DOL) has alleged in a lawsuit.
Paying an employee a salary does not render him or her exempt from overtime pay, the U.S. Department of Labor (DOL) recently reminded employers.
An employer and its staffing company will pay $1.1 million in back wages and another $1.1 million in damages to resolve U.S. Department of Labor (DOL) findings that they intentionally misclassified workers as independent contractors.
By Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP Does your organization use independent contractors or other workers labeled “owners” or “partners” who aren’t considered employees? If so, a recent decision by a federal court judge in Chicago that shows the danger in misclassifying employees may give you indigestion.
A federal judge had granted conditional approval to a $226.5 million settlement that would resolve claims that FedEx misclassified its drivers as independent contractors. U.S. District Judge Edward M. Chen said his approval was only conditional because only about 77 percent of the 2,016 class members have filed claim forms, and because of disagreements about how […]
Whether an employee is exempt from the FLSA has been a turbulent topic this year, as both DOL and Congress have been issuing proposals and bills regarding exempt jobs. DOL has been involved with the status of pharmaceutical representatives, in-home caregivers and children working on farms. Although no changes have yet been made to the […]
Two new California state laws, signed by Gov. Jerry Brown Oct. 9, raise the stakes for companies that violate the state’s wage and hour laws. Assembly Bill No. 459, among the latest move by feds and the states to crack down on independent contractor abuse, prohibits willful misclassification of employees as independent contractors. The law […]
Companies that wrongly pay workers as independent contractors, rather than employees, strip workers of benefits and protections and put responsible employers at a competitive disadvantage, according to Rep. Lynn Woolsey, D-Calif., who this week proposed increasing penalties on employers found to have misclassified workers. Woolsey’s bill, The Misclassification Prevention Act, (HR 3178) is the most […]