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
Joint enforcement actions taken by the U.S. Department of Labor's Wage and Hour Division (WHD) in cooperation with state labor agencies continue to bear fruit.
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California has long been among the most active states when it comes to employment law. Anthony Oncidi, head of the labor and employment law group at the Los Angeles office of Proskauer Rose, discusses recent changes in the law plus other key challenges affecting California employers.
California is a bellwether state when it comes to employment law, and 2013 did nothing to diminish that reputation. In this new XpertHR podcast, management-side attorney Anthony Oncidi discusses key developments from the past year affecting California employers. Oncidi heads the labor and employment law group in the Los Angeles office of Proskauer Rose.
Employees of the uniform services provider had alleged that the company's policy of rounding their punch-in and punch-out times to the nearest 15 minutes, combined with its strict attendance policy in which employees are disciplined for punching in more than five minutes late, resulted in employees being underpaid by 30 to 40 minutes per pay period.
As mandated by the North Carolina Department of Labor, North Carolina employers are required to post the North Carolina Wage and Hour Notice to Employees poster.
As mandated by the Oregon Bureau of Labor and Industries, all agricultural employers in Oregon must post the Oregon Agricultural Minimum Wage poster.
As mandated by the Oregon Bureau of Labor and Industries, all employers in Oregon, except federal government employers, must post the Oregon Minimum Wage poster.
As mandated by the North Dakota Department of Labor and Human Rights, employers subject to the North Dakota Minimum Wage and Work Conditions Order must post the North Dakota Minimum Wage and Work Conditions Summary poster.
As mandated by the Ohio Department of Commerce, every employer covered by the Ohio minimum wage laws must post Ohio 2013 Minimum Wage poster.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.