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 Washington employment law requirements HR must follow with respect to minimum wage.
This section helps HR professionals determine whether employees qualify for any of the exemptions from the overtime and/or minmum wage requirements of the Fair Labor Standards Act (FLSA).
New regulations that prohibit third-party employers from claiming the Fair Labor Standards Act (FLSA) exemption for companionship services providers and narrow the range of duties that FLSA-exempt services providers may perform were upheld by the the United States Court of Appeals for the District of Columbia Circuit in Home Care Ass'n of Am. v. Weil.
Effective January 1, 2016, members of a bargaining unit recognized by the Illinois Labor Relations Board whose union has contractually agreed to a 1040/2080 alternate shift schedule will be exempt from the state's overtime requirements.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to employee classification.
In Chen v. Major League Baseball Props., the 2nd Circuit Court of Appeals ruled that seasonal and recreational establishments that are part of a larger business or enterprise may still take advantage of a Fair Labor Standards Act exemption as long they are a "distinct, physical place of business."
California Labor Commissioner Julie A. Su issued more than $2.2 million in citations to the owners of three residential care facilities for what were deemed "egregious" wage theft violations.
California's attorney general approved the title and summary of a ballot initiative that, if approved, would increase the state minimum wage to $11.00 in 2017, and by another $1.00 over each of the next four years. Then, starting in 2022, the minimum wage would be adjusted each year based on the rate of inflation.
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.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.