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
Iowa employers that employ minor employees (those under age 16) and seek to inform the minor employees and their supervisors about legally-required meal breaks and to demonstrate compliance with the law should consider including this model policy statement in their handbook.
The New Hampshire Department of Labor and the US Department of Labor have agreed to conduct joint investigations, coordinate enforcement activities, and make referrals of potential violations.
As recommended by the Montana Department of Labor and Industry, Wage and Hour Unit, employers covered by the Montana Minimum Wage Law may voluntarily post the Montana State Minimum Wage poster.
As mandated by the Vermont Department of Labor, every Vermont employer with two or more employees must post the Vermont Minimum Wage Notice Poster.
An employer may use this survey when considering initiating a structured succession planning process. Having input from key stakeholders and parties involved in the process has several potential benefits for the employer.
The Model Succession Plan is designed to help a user (often HR) document a proposed succession planning process for senior management (CEO) and, where relevant, Board of Director approval.
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 Arizona's minimum wage rate.
Many states and municipalities have minimum wage requirements. This Quick Reference chart sets forth the state minimum wage rates for all 50 states plus the District of Columbia. It also covers local minimum wage ordinances that apply to most or all employees who work within a particular jurisdiction.
In-depth review of the spectrum of Missouri employment law requirements HR must follow with respect to minimum wage.
North Dakota employers seeking to encourage and demonstrate compliance with the state's meal break requirements should consider including this model policy statement in their handbook.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.