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
One of the most challenging aspects of staffing a productive and profitable organization concerns striking a balance between employee compensation costs and fulfilling client expectations. Often, an employer strikes this balance by increasing staff on a seasonal basis - especially in industries such as hospitality or retail.
Initiatives to raise the minimum wage will appear on the ballot November 4 in Alaska, Arkansas, Nebraska and South Dakota, as well as three cities in California: San Francisco, Oakland and Eureka. Polls show that a majority of voters support the initiatives.
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 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 Arizona employment law requirements HR must follow with respect to minimum wage.
The Minimum Wage, FMLA, Other Leaves and Employee Communications sections of the Employment Law Manual have been updated after the San Diego City Council repealed its new minimum wage and paid sick leave ordinance.
New York 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.
New York employers that do not have a lactation accommodation policy and are seeking to show their compliance and support for New York law which requires that employers provide unpaid break time and reasonable locations for employees to express breast milk should consider including this model policy statement in their handbook.
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.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.