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
The Supreme Court recently denied a coalition of industry groups' request to postpone new regulations that make direct care workers -- such as home health aides, personal care aides and certified nursing assistants -- eligible for overtime pay.
Worm farming can be considered agriculture for purposes of the Fair Labor Standards Act, the 6th Circuit Court of Appeals held in Barks v. Silver Bait, LLC.
In-depth review of the spectrum of Nevada employment law requirements HR must follow with respect to minimum wage.
In-depth review of the spectrum of California employment law requirements HR must follow with respect to minimum wage.
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 Montana employment law requirements HR must follow with respect to minimum wage.
In-depth review of the spectrum of Washington employment law requirements HR must follow with respect to minimum wage.
HR and legal considerations for employers regarding employee compensation laws. Support on following rules and regulations regarding this topic.