Tag: employee misclassification

How to Avoid Misclassifying Unpaid Interns This Summer—and All Year Long

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.

Illinois Court Finds Chicago Eatery’s FLSA Claims Unappetizing

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.

FedEx Misclassification Settlement Moves Forward

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 […]

DOL Misclassification Initiative Focuses on Drug Reps, Farm Hands and Home Nurses

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 […]

California Laws Clamp Down on Wage and Hour Violators; Misclassifiers Could Lose Business Licenses

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 […]

Woolsey Wants Higher Fines on Employers That Misclassify Workers

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 […]