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
In-depth review of the spectrum of Oklahoma employment law requirements HR must follow with respect to minimum wage.
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Four new entries have been added to the Legal Timetable, and the Employment Law Manual and a Quick Reference Chart were updated to reflect upcoming increases to Minnesota's minimum wage that were recently signed into law.
Legislators have reached a deal that would make Minnesota the fifth state to enact legislation increasing the minimum wage this year, following Connecticut, Delaware, Maryland and West Virginia.
Maryland's actions attracted the attention of President Obama, who has made increasing the minimum wage one of his top domestic priorities for 2014. Although the prospects of a federal increase appear dim, chances are good that other states will follow Maryland's lead.
A new poster landing page has been added to the Policies and Documents Tool in conjunction with New Mexico's new posting requirement. In addition, an entry has been added to the Legal Timetable and the Employee Communications: New Mexico section of the Employment Law Manual has been updated.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.