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 New Hampshire employment law requirements HR must follow with respect to minimum wage.
New Hampshire's governor signed a bill that will repeal the state's subminimum wage for workers with disabilities, effective July 6, 2015.
The Los Angeles City Council on May 19 voted 14-1 to adopt a motion directing the city attorney to draft an ordinance that would annually increase the city's minimum wage over the next five years, reaching $15.00 per hour by 2020.
The US Department of Labor has submitted draft Fair Labor Standards Act regulations to the Office of Management and Budget (OMB) for a final review before they are presented to the public at large for comment.
In-depth review of the spectrum of Montana employment law requirements HR must follow with respect to workers' compensation.
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 California employment law requirements HR must follow with respect to minimum wage.
As mandated by San Francisco's Office of Labor Standards Enforcement, all employers subject to the San Francisco Minimum Wage Ordinance must post the San Francisco Minimum Wage Poster.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.