HR Support on Employee Compensation Laws

Editor's Note: Be sure you've classified your employees correctly!

Michael CardmanOverview: 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

Latest items in Employee Compensation

  • Meal Breaks for Minors Handbook Statement: New Jersey

    Type:
    Employee Handbooks

    New Jersey employers that employ minor employees (those under age 18) and seek to inform the minor employees and their supervisors about legally required meal breaks and to demonstrate compliance with New Jersey law should consider including this model policy statement in their handbook.

  • Date:
    25 March 2015
    Type:
    Legal Timetable

  • Lactation Accommodation Handbook Statement: Washington

    Type:
    Employee Handbooks

    Washington employers wishing to include an "infant-friendly" designation on their promotional materials should consider including this model policy statement in their handbook.

  • Meal And Rest Breaks Handbook Statement: Washington

    Type:
    Employee Handbooks

    Washington employers seeking to encourage and demonstrate compliance with the state's meal and rest break requirements should consider including this model policy statement in their handbook.

  • Meal and Rest Breaks for Minors Handbook Statement: Washington

    Type:
    Employee Handbooks

    Washington employers that employ minor employees under age 18 and seek to inform the minor employees and their supervisors about legally required meal and rest breaks and to demonstrate compliance with Washington law should consider including this model policy statement in their handbook.

  • Lactation Accommodation Handbook Statement: Maine

    Type:
    Employee Handbooks

    Maine employers seeking to show compliance with Maine law should consider including this model policy statement in their handbook.

  • Meal Breaks Handbook Statement: Maine

    Type:
    Employee Handbooks

    Maine employers seeking to inform 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.

  • Child Labor: Arkansas

    Type:
    Employment Law Manual

    In-depth review of the spectrum of Arkansas employment law requirements HR must follow with respect to child labor.

  • Child Labor Working Hour Restrictions by State

    Type:
    Quick Reference

    This Quick Reference chart provides details about state restrictions on the hours during which minors may work: the maximum number of hours and/or days a minor may work per week; the maximum number of hours a minor may work per day; and certain timing restrictions such as the times of day during which minors may work and any restrictions forbidding a minor from working while school is in session.

  • Arkansas Waives Working Hour Restrictions for 17-Year-Olds: Employment Law Manual, Quick Reference Chart Updated

    Date:
    10 March 2015
    Type:
    Editor's Choice

    The state legislature found that the "excessive time and costs" necessary to comply with working hour restrictions had prompted many employers to hire adults instead of minors.

About this topic

HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.