Tag: misclassification

Uber class action ruling expected to have national implications

A San Francisco judge’s ruling granting class action status to possibly thousands of Uber drivers carries implications that “go well beyond California,” according to an attorney closely watching the case. U.S. District Judge Edward Chen ruled September 1 that a group of Uber drivers in California can sue as a class as they argue that […]

Wage and Hour Simple? The 10 Sins

Sin #1. Failure to pay the minimum wage We’ll pay you $5 an hour until you learn the ropes; then you move up to $7 an hour. Virtually all employees are entitled to receive at least the minimum wage (the federal minimum wage is $7.25 per hour; many states have higher minimum wages) for all […]

Compensation Litigation: Plaintiffs’ Attorneys Are Figuring It Out

FLSA litigation is heating up, and partly for that reason, it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, who is an associate in the law firm Holland & Hart LLP in Las Vegas, offered tips on wage/hour compliance at the Advanced Employment Issues Symposium, held recently in Las Vegas. To add insult to injury, about 50 […]

Supervisory Sin 7: Making Wage/Hour Blunders

[Go here for sins 1 through 6.] Sin #7. Making wagehour blunders We’re out of overtime. Can you clock out and then set up for tomorrow? You’ll be working alongside our regular employees, but you new recruits are all independent contractors. Tracy, make sure you stay close to the phone during lunch. Sandy, keep your […]

Exempt Vs. Non-Exempt: What are the Rules? (Q&A Part 2 of 2)

In a recent BLR webinar, Austin E. Smith lent his expertise to tell us about some of the challenges employers face when dealing with exempt vs. non-exempt employee classifications. For example, to meet the requirements for an administrative exemption, an employee must pass the “primary duty” test, which says that their primary duties must include […]

Exempt Vs. Non-Exempt: What are the Rules? (Q&A Part 1 of 2)

Classifying some employees as exempt from overtime means employers have to be careful—they must meet all of the initial exemption requirements, and also not take any actions that could jeopardize that exempt status (such as making improper pay deductions for exempt employees). This challenge raises many questions for employers, such as how to handle situations […]

Top 10: Compensation Daily Advisor Year in Review

Never Put These in a Job Description Essential job elements … exposure to physical hazards … pay grade … the list of what should be in a job description is long. But what should you keep OUT of job descriptions? Misclassification: DOL and IRS Declare War Misclassification—calling individuals “independent contractors” or “volunteers” who properly should […]

Contractors for Storm Clean-up Pose Misclassification Risks

Hurricane Sandy’s path of destruction has left many homeowners, municipalities and businesses in need of reconstruction and repairs — and when such weather-related disasters require massive reconstruction efforts, many landscapers and builders hire subcontractors to help. Increased joint employer liability, particularly in those industries that frequently use subcontractors, often goes hand-in-hand with worker misclassification. Employers […]

Top 7 Compensation Articles of 2012 from Compensation Daily Advisor

Misclassification: DOL and IRS Declare War Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for employers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters. Unauthorized Overtime–Must Be Paid Even if Forbidden Many employers have […]