Practical HR Tips, News & Advice. Updated Daily.
by Vaughn Burkholder and Tara Eberline What do the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and Congress have in common? Sound like a setup for a bad joke? The punch line is that each of those federal entities has announced its intention to focus on employers’ misclassification of employees as independent […]
On April 5, the U.S. Department of Labor (DOL) issued a set of final “cleanup” regulations, bringing the existing Fair Labor Standards Act (FLSA) regulations up to date with the technical changes and statutory enactments that have passed over the past few years. For example, the regulations, which took effect today, update figures and computations […]
by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]
by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]
An enthusiastic and energetic individual approaches you with a proposal to volunteer his time to gain valuable experience in your industry. “After all,” reasons the prospective volunteer, “how can I get my first job if I have no experience in the field of my choice?” Sounds like a win-win situation, doesn’t it? Like many win-win […]
By Donna Gallant The much-awaited appeal decision in Fresco v. CIBC was released in September. The appeal court declined to interfere with the original decision of Justice Lax. She had denied Dara Fresco’s bid to bring a class action against CIBC for unpaid overtime. This is one of three high-profile cases we have been following, […]
by Jim Brown and Marc Koonin Companies with employees working in California must always remain mindful of the state’s protectionist wage and hour laws. You must always comply with federal standards and all California laws that provide greater protections for employees than the federal requirements. Failure to do so might be an unwelcome invitation to […]
by Robert C. Nagle Employers can expect increased enforcement efforts from federal and state labor and tax authorities over what’s believed to be a rising tide of misclassification of employees as “independent contractors.” There can be significant payroll savings associated with classifying workers as contractors. For example, employers typically aren’t required to withhold or pay […]
By Patrick Gannon The G20 Summit of world leaders will be in Toronto June 26-27. The summit is expected to draw considerable attention and thousands of protesters from around the world. Like the Vancouver 2010 Winter Olympics, there will be intensive security measures and lots of potential disruptions. As the summit will be held at […]
By Lorene Novakowski and Derek Knoechel As was noted in an earlier article here, the Ontario Superior Court of Justice recently certified a class action against the Bank of Nova Scotia (BNS). That lawsuit claims $300 million in unpaid overtime involving approximately 5,300 BNS sales staff: Fulawka v. Bank of Nova Scotia (Fulawka). Certification means […]