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
New York is establishing a uniform minimum cash wage for all tipped employees of $7.50, effective December 31, 2015.
A new order from the Acting Commissioner of the New York State Department of Labor will eliminate distinctions among various types of employees and establish a uniform minimum cash wage for all tipped employees.
As mandated by the City of Oakland, California, all employers with employees in Oakland must post the Oakland, California Minimum Wage Poster.
As mandated by the City of Oakland, California, all employers in the hospitality industry, such as restaurants, hotels or banquet facilities, must post the Oakland, California Service Charge Law Poster.
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 selected local minimum wage ordinances that apply to most or all employees who work within a particular jurisdiction.
In-depth review of the spectrum of Alaska employment law requirements HR must follow with respect to minimum wage.
Illinois employers with more than five employees seeking to encourage and demonstrate compliance with the Illinois law requiring 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.
Illinois employers seeking to encourage and demonstrate compliance with the state's meal break requirements should consider including this model policy statement in their handbook.
Minnesota employers with one or more employees seeking to show their compliance and support for Minnesota's law which requires employers to provide unpaid break time and reasonable locations for employees to express breast milk should consider including this model policy statement in their handbook.
Minnesota 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.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.