Total Articles: 8
Government Cracks Down on Employee Misclassification
Since the economic downturn, the proper classification of workers has become a hot-button issue. As enforcement agencies step up efforts to curb misclassifications, it is more important than ever for employers to understand how to properly categorize workers.
Indian Tribe Business Subject to Federal Wage Law.
A Ninth Circuit court of appeal has concluded that the overtime provisions of the Fair Labor Standards Act (“FLSA”) applies to a business located on an Indian reservation and owned by Indian tribal members. The court also ruled that the United States Department of Labor has the authority to enter the Indian reservation to inspect the books of that business for enforcement purposes.
Education Labor Letter: "I'll Do It for Free!"
Many people are moved to volunteer their time to schools for religious, humanitarian, charitable, or other public-service reasons. No one wants to discourage these impulses, of course, but a school must be careful not to set itself up for a dispute over whether such a person is actually an employee for purposes of the federal Fair Labor Standards Act (FLSA). Being wrong about this could result in substantial exposure for things like minimum-wage and overtime payments, penalties for child-labor violations, and other liability.
Labor Board’s Rulings Trump All Other Laws (Almost).
The National Labor Relations Act (NLRA) protects employees' "concerted activities" which, generally speaking, are any actions by employees undertaken as a group with respect to wages, hours and working conditions – whether or not in a formal "union" context. What happens when these NLRA protections conflict with an employer's compliance with other workplace laws?
‘Tis The Season To Volunteer -- Maybe.
The holiday spirit moves many to volunteer their time for activities of a humanitarian, religious, charitable, or other public-service nature. No one wants to discourage these laudable impulses, but an organization must be careful not to entangle itself in unforeseen disputes over whether these individuals are really "employees" for wage-hour purposes. Getting this wrong could expose you to substantial potential liability for things like minimum-wage and overtime payments, penalties for child-labor violations, and so forth.
The Wage/Hour Cocktail: One Part Work, One Part Love, Mix Well (Tastes Awful).
But as often happens, the relationship went South and Hirsch began seeing someone else. Steelman then sued, seeking lost wages and damages under the Fair Labor Standards Act.
The Wage/Hour Cocktail: One Part Work, One Part Love, Mix Well
You may think that you're working with a "partner", until things head south: your former associate may make an FLSA claim for unpaid wages.
Who Are Employees?
Chapter 2 from IRS Publication 15, Circular E, Employer's Tax Guide, which discusses the distinction between common law and statutory employees.
