Practical HR Tips, News & Advice. Updated Daily.
by Gary S. Fealk Smart businesspeople are adept at finding ways to reduce their costs. However, cutting costs associated with employment by using independent contractors is a big risk unless you take great care to make sure you aren’t misclassifying employees as independent contractors. What’s all the fuss about? Various government agencies have been increasingly […]
The U.S. Department of Labor (DOL) has withdrawn two major Obama-era guidance documents, one addressing joint employment and one dealing with independent contractors. The move, while not a surprise, is good news for employers, according to H. Juanita Beecher, an attorney with Fortney & Scott and editor of Federal Employment Law Insider. The Obama administration […]
by Zach Morahan and Shannon Kane New York City’s new “Freelance Isn’t Free Act,” which goes into effect May 15, requires written contracts for many freelance jobs worth $800 or more and provides for stiff monetary remedies if the hiring party tries to avoid paying the freelancer for work performed. Under the new law, a […]
Question: We are seeking clarification on hours worked for overtime pay. We have an employee who works as a “contractor” outside regular working hours, such as weekends. We are looking for guidance on when we will have to pay overtime; if allowing the employee to work as a “contractor” on the weekends will still count […]
by Leslie E. Silverman The Equal Employment Opportunity Commission (EEOC) broke new ground in late 2012 with the release of its first Strategic Enforcement Plan (SEP) publicly identifying its top enforcement priorities. Since that time, the EEOC’s enforcement and litigation program has largely focused on the priority areas laid out in the SEP: Eliminating barriers […]
By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]
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 Jeffrey D. Slanker and Robert J. Sniffen, Sniffen & Spellman, P.A. A Key West strip club was sued by its dancers in the U.S. District Court for the Southern District of Florida. The parties proposed a $1.2 million settlement. The settlement highlights the dangers of violations of the Fair Labor Standards Act (FLSA), a […]
By Dinita L. James, JD, Gonzalez Saggio & Harlan LLP A new state law in Arizona going into effect on August 6 will allow independent contractors to provide a declaration of their independence to businesses using their services.
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.