Overview: Determining if an employee should be classified as an independent contractor or an employee under the FLSA and IRS is a perennial issue that continues to confound many workplaces; misclassification is surprisingly common and results in costly litigation.
To further complicate matters, properly classifying an employee regarding their exempt or non-exempt status befuddles many HR professionals; employee misclassification similarly results in a long list of costly litigation, many resulting in companies owing years of back pay for overtime due to having improperly classified employees as exempt when the proper employee classification should have been non-exempt (and thereby eligible for overtime).
Other FLSA regulations and state compliance challenges pertaining to employee compensation laws include deciding whether employees must be paid for certain activities, such as meal and rest breaks or training. minimum wage laws, overtime laws, child labor, and recordkeeping are additional aspects of FLSA compliance, most of which have variations by state.
Trends: Of concern to employers, not only are employees continuing to file FLSA lawsuits at a rapid pace but also the U.S. Department of Labor has stepped up its enforcement of employee compensation laws. So it's more important than ever to ensure compliance with this law.
Author: Michael Cardman, Legal Editor
Two new entries have been added to the Legal Timetable, and the Employment Law Manual and a Quick Reference Chart were updated to reflect the announcement of an upcoming inflation adjustment to Florida's minimum wage rate.
Many states have minimum wage requirements. This Quick Reference chart sets forth the state minimum wage rates for all 50 states plus the District of Columbia.
In-depth review of the spectrum of Florida employment law requirements HR must follow with respect to minimum wage.
Many cities and counties have ordinances requiring employers to pay employees a minimum wage that is often well above federal and state minimum wage rates. This chart covers minimum wage ordinances that apply to most or all employees who work within a particular jurisdiction.
In-depth review of the spectrum of New Mexico employment law requirements HR must follow with respect to minimum wage.
These new tools can help an employer groom strong internal candidates for leadership positions within the organization, thereby preserving its business goals, corporate culture and core values.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.