The Department of Labor (DOL) has proposed a rule that seeks to make it easier to classify workers as independent contractors. The distinction is not without difference, as the federal Fair Labor Standards Act (FLSA) and many of its state analogues only protect employees, but do not extend to independent contractors – including many gig economy workers. However, as made clear by the proposed rule, merely identifying a worker as an “independent contractor” does not mean the employer is off the hook.
Continue Reading Better Classification for our Economic Reality
Supreme Court Expands FLSA Exemptions to Include Auto Dealership Service Advisors
The Federal Fair Labor Standards Act (FLSA) requires that covered employees who work more than forty hours in a week be paid overtime. However, the statute contains a number of exemptions removing certain groups of employees from the law’s protections. These “exempt” employees are not entitled to overtime pay when they work more than forty hours in a week, whereas “non-exempt” employees must be paid at the higher overtime rate for excess hours.
Continue Reading Supreme Court Expands FLSA Exemptions to Include Auto Dealership Service Advisors
Winter Weather and Employee Challenges – To Pay or Not to Pay?
The winter season presents employers with many weather related issues ranging from obligations to keep outdoor areas safe to deciding whether to close the business for all or part of the day. Closing the business due to inclement weather raises pay issues – what pay are employees entitled to when the business closes? It depends, in part, whether the employee is considered exempt or non-exempt and whether, the employee is paid on a salary basis.
Continue Reading Winter Weather and Employee Challenges – To Pay or Not to Pay?
McLane Middleton’s FLSA Task Force
For additional information about the firm’s FLSA Task Force, please email FLSA@mclane.com.
Statistical Samples May Establish Employer Liability in Class Action Lawsuits
In Tyson Foods, Inc. v. Bouaphakeo, the U.S. Supreme Court held that statistical or representative evidence could be used by a class of employees to prove liability for an employer’s failure to pay them for donning and doffing protective gear in violation of
US DOL Reports Delay of Release of Final Regulation on White Collar Exemptions
As reported in my blog post on this page on June 30, 2015, the United States Department of Labor (“DOL”) issued proposed regulations calling for the revision of the salary test for the “white collar” exemptions to the Fair Labor Standards Act (“FLSA”). The recommendation was to raise the minimum salary level for the executive,
Dust off Those Job Descriptions!
When is the last time your company did a comprehensive review of its job descriptions? Never mind; it doesn’t matter. It’s time to do it again.
The job description is an incredibly valuable tool for an employer, and an astounding number of businesses either do not have them, do not update them, or spend so