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Remember, says Desmond, who is a partner in the New Orleans office of national employment law firm Jackson Lewis, OFCCP (Office of Federal Contract Compliance Programs) does not enforce a law but an executive order. So, if you don’t want to do business with the government, you don’t have to comply. Desmond’s comments came at […]
Never base a worker classification decision on uncertainty, according to attorney Christine Walters. Walters, a Maryland HR consultant presenting at the Society for Human Resource Management’s legislative conference in Washington, D.C., March 5, ticked off the many reasons employers might be inclined to classify a worker as an independent contractor. Among them: to avoid paying […]
Employers will now be able to calculate the depreciation of vehicles — passenger cars, trucks and vans that they provide to employee as a fringe benefit — that they first put into service in calendar year 2012, since the IRS has released the new depreciation deduction limits. Revenue Procedure (Rev. Proc.) 2012-23, released March 4, […]
It’s been two years since passage of a controversial federal law guaranteed break time and private space for nursing mothers to express milk at work. Women’s rights and business groups say many women who could benefit from the new right may not know about it. Regardless of whether or not employees are aware, the Department […]
Employers and “super commuters” — employees who live outside of the boundaries of the metropolitan area where they work — may wonder whether there are any tax breaks for someone who practically breaks their neck to get to their employer’s place of business. A recent study by the Rudin Center for Transportation at New York University […]
The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing in-home care franchise owners. If the proposal is implemented as planned, the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]
Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair Labor Standards Act’s current exemption from minimum wage and overtime pay. Currently, the FLSA provides […]
The Labor Department is taking its enforcement efforts onto military bases. DOL’s Wage and Hour Division this month announced that it is conducting a significant labor law enforcement effort on a multibillion dollar construction project at Fort Bliss in El Paso, Tex., focused on promoting contractor and subcontractor compliance with the Fair Labor Standards Act, […]
The broad scope of the Fair Labor Standards Act provides seemingly endless opportunities for debate. The fact that the Supreme Court agreed to hear Christopher v. SmithKline Beecham Corp. later this year (a case out of the U.S. Court of Appeals for the 9th Circuit involving worker classification) on the heels of its ruling in […]
By Khristine Scholtz The U.S. Labor Department, continuing its push for a narrow definition of outside salesmen, argued in a friend of the court brief that the outside-sales exemption is limited to employees who make their own sales. At issue is whether pharmaceutical sales representatives must be paid for working overtime hours, or are exempt […]