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Recent Posts
- Get Ready to Ring in the New Year with More Employment Law Changes
- Michigan Revises Paid Sick Leave Mandate and Minimum Wage Increases
- California Supreme Court Rejects De Minimis Exception and Requires Employers to Compensate Employees for Every Second of “Off-the-Clock” Work
- Restoring Balance: Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements, Providing Employers with Some Relief from Rampant Wage and Hour Class Litigation
- Policy Innovation or Pandora’s Box? The Department of Labor Considers Revising Pay Calculations in 2018 Regulatory Agenda
- Department of Labor Issues New Opinion Letters, Reversing Obama-Era Policy
- Fair, Not Necessarily Narrow: Supreme Court Changes Course Regarding the Interpretation of FLSA Exemptions
- Overtime Calculations in California: California High Court Favors an Expansive Formula and Declines to Follow Federal Precedent
- After Cold Reception from Appellate Courts, DOL Rescinds Internship Enforcement Guidance and Adopts “Primary Beneficiary” Test
- A Tipping Point? DOL Reconsiders Stance on Tip Pooling
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Showing 6 posts in Classification.
To Be or Not To Be an Uber Employee: That Is [and will Remain] the Question
Federal judge probes deep on Uber’s proposed deal with drivers in 2 states as drivers in the other 48 sue, yet ride-sharing giant appears set to avoid trial on merits of misclassification issue
If you are waiting for an answer to the question of how workers in the “gig economy” should properly be classified, you probably should not hold your breath. More
Awaiting the Unknown: New exemption rules not expected until July 2016
In June 2015, the Department of Labor (DOL) announced proposed changes to overtime regulations that would significantly increase the minimum salary required to classify an employee as an exempt executive, administrative, or professional employee, and proposed indexing those wages to the Bureau of Labor and Statistics data on annual earnings in future years. Those proposed regulations would increase the minimum weekly salary to the 40th percentile of weekly earnings for full-time salaried workers, which in 2016 the DOL projects will be $970 per week, or $50,440 per year. For highly compensated employees, the threshold would increase to the 90th percentile, or $122,148 annually. More
Who Benefits from Your Unpaid Internship Program? The Second Circuit Rejects the Department of Labor's "Rigid" Six-Factor Test, But Considerable Risks Remain for Private Employers Using Unpaid Interns
Are you paying the intern you just sent out to grab your morning cup of coffee? If not, you may have a wage and hour violation on your hands. Private employers have increasingly come under attack over their use of unpaid interns by the Department of Labor and private litigants. This is especially the case where an unpaid intern performs tasks more akin to an administrative assistant than an on-the-job student/trainee. More
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Topics: Classification, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Interns and Internships, Minimum Wage, Misclassification, Overtime
It's Time to Re-Examine the Classification of Independent Contractors
On July 15, 2015, the U.S. Department of Labor (DOL) articulated a standard that will be used to call into question independent contractor classifications. Specifically, the DOL published Administrator’s Interpretation No. 2015-1 (AI 2015-1), which is the first Administrator’s Interpretation in more than a year. More
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Topics: Classification, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractor
Salary Threshold for Exempt Employees Poised to Double
The White House announced that the long-awaited proposed amendments to the Fair Labor Standards Act regulations concerning the so-called “white collar” exemptions will include a substantial increase to the salary required to maintain exempt status for most executive, administrative, and professional employees. More
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Topics: Classification, Department of Labor (DOL), Exempt Status, Exemption, Fair Labor Standards Act (FLSA), Misclassification, Overtime, Salary, White Collar
The Sixth Circuit Expands the Definition of “Employee” and Puts Your Independent-Contractor Classifications at Risk
The use of independent contractors has come under attack in recent years. Several states have passed laws increasing the penalties for misclassifying independent contractors. Further, the U.S. Department of Labor aggressively investigates independent-contractor classifications. Courts also have limited the use of independent contractors by expanding the definition of “employee.” More
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Topics: Classification, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Independent Contractor