Tag: WHD

New guidance signals tougher stance on independent contractor classification

A new interpretation of language in the federal Fair Labor Standards Act (FLSA) is the latest effort in the government’s fight against what it sees as troubling misclassification of employees as independent contractors. On July 15, David Weil, administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), released Administrator’s Interpretation 2015-1 […]

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Employee Challenges Wellness Incentive under State Wage-Hour Law

A pharmacy chain is being sued over its requirement that employees undergo a “wellness exam” or pay a $600 surcharge on their health plan contribution. The lawsuit, filed in California state court as a class action, characterizes the surcharge as an illegal “wage deduction,” and contends that employees who did take the exam should have […]

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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 […]

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10 Sins of Well-Meaning Supervisors

Sin #1. Making Unlawful Preemployment Inquiries That’s an interesting accent you have. Where were you born? Do you have any children? If so, will you have any daycare problems? By the way, we’re all about diversity here. Inappropriate questions during interviews and other preemployment contacts are a primary source for claims of discrimination. The courts […]

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Post Furlough Tips for Employers: Be Prepared for FLSA Enforcement to Resume

The federal government resumed operations this week. As the U.S. Department of Labor’s Wage and Hour Division gets up and running, operations to enforce the Fair Labor Standards Act are likely to resume quickly. Smart employers should brush up on DOL enforcement basics so they’re prepared. DOL is authorized by the FLSA to investigate and […]

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OFCCP on Pay Equality: ‘We Must Do More’

Latifa Lyles, Acting Director of the Women’s Bureau (WB), noted that today, full-time female workers earn on average only 81 percent of what their male counterparts earn. For African-American females and Latinas, the wage ratio is substantially lower: 68 cents and 59 cents, respectively. But the real cost of the pay gap is more than […]

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Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

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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 […]

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Top 7 Compensation Daily Advisor Articles 2012: Wage & Hour Edition

Unauthorized Overtime–Must Be Paid Even if Forbidden Many employers have written policies prohibiting unauthorized overtime. Such policies are fine—but you still have to pay employees for all hours they work, even if they have repeatedly violated your policy by working the extra hours. Unannounced WHD Inspector on the Way to Your Office? If you’ve got […]

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