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FLSA

Camps, religious and nonprofit educational centers get FLSA break

09/21/2020
During the pandemic, many seasonal businesses have unexpectedly found themselves forced to comply with the FLSA. Now the Department of Labor is cutting those employers a much-needed break.

Prepare to pay for employee misclassification

09/10/2020
If you use independent contractors as part of your workforce, be sure to do it correctly. Erroneously classifying an employee as an independent contractor is likely to trigger an investigation by a state or federal agency.

Federal judge overturns DOL’s joint employer rule

09/10/2020
Judge Gregory H. Woods of the U.S. District Court for the Southern District of New York said the DOL’s joint employer rule was “arbitrary and capricious” and “inconsistent” with the FLSA.

Gig economy classification becomes campaign issue

08/27/2020
A California Superior Court judge in August ordered ride-hailing app companies Uber and Lyft to convert drivers in the Golden State from independent contractors to employees in order to comply with AB5, a controversial law that took effect Jan. 1 but so far has not been enforced.

DOL clarifies employers’ obligation to pay overtime

08/25/2020
The Department of Labor has issued a Field Assistance Bulletin which clarifies your duties to nonexempts and your obligation to pay those who work unauthorized overtime.

Is it time to convert remote employees to contractors?

08/25/2020
Now that the dust of the pandemic has started to settle, employers are beginning to think longer term. For many, it’s time to explore whether telework should continue and under what conditions. A related question: Should some employees who will continue to work from home be converted to independent contractor status?

Expect to pay double for wage violations

08/13/2020
The Fair Labor Standards Act requires employers to track the time hourly employees work to ensure they receive all the pay they have earned. The law comes with a built-in penalty: Get it wrong and you automatically owe twice your underpayment going back at least two years.

DOL issues new answers on pandemic leave, FLSA and FMLA

08/04/2020
The Department of Labor has been busy updating employer advice on the interplay between the coronavirus pandemic and the paid leave provisions of the Families First Coronavirus Response Act, the Fair Labor Standards Act and the FMLA.

Spring regulatory agenda addresses contractor, wellness issues

07/07/2020
The Trump administration’s Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions—released late, on June 30—spells out what it hopes to accomplish between now and the end of the year.

Beware misclassifying covid-19 teleworkers

06/18/2020
The mass, covid-inspired migration from office work to telework has been surprisingly seamless for many employees and employers. But in some cases, the move has triggered wage-and-hour compliance problems that few would have anticipated.