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Misclassification is the practice of incorrectly labeling workers as independent contractors rather than employees.  Because independent contractors are by definition are self-employed, their employers often escape many of their responsibilities under employment, labor, and related tax laws and deprive workers of the protections of those laws. In recent years, the US DOL has been combating Read more

Twice a year the U.S. Department of Labor (DOL) announces matters it plans to consider in the coming months and years.  Acting on a Presidential directive, the DOL last spring announced plans to consider regulations regarding overtime for “white collar” workers under the Fair Labor Standards Act (FLSA).  The announcement, included in the Semiannual Regulatory Read more

The U.S. Department of Labor (DOL) has issued final regulations implementing the provisions of Executive Order 13658 that raises the minimum wage federal contractors are required to pay workers on covered contracts.  Specifically, the Executive Order: raises the minimum wage for workers on federal service and construction contracts to $10.10 per hour beginning January 1, Read more

Employers are increasingly using sub-contractors, temporary staffing, leased employees and independent contractors to supplement or, sometimes, replace their regular workforce.  This workforce is especially attractive in California where labor costs run high.  Until now, using a “labor contractor” to supply California workers for a “client employer” usually protected such employers from liability for the payment Read more

Ohio minimum wage workers will soon see a boost in their paychecks.  Effective January 1, 2015, the minimum wage rate for most workers will increase from $7.95 per hour to $8.10 per hour.  The minimum wage rate for tipped employees will increase from $3.98 to $4.05 per hour.  Although the state minimum wage applies to Read more

The Colorado Department of Labor and Employment has announced its annual proposed state minimum wage rate for 2015. Colorado Minimum Wage Order Number 31 establishes a minimum wage rate of $8.23 per hour, and $5.21 per hour for employees who regularly receive tips, effective January 1, 2015.  The Colorado Constitution requires the state to adjust Read more

Currently, under California Cal. Gov. Code § 12950.1 (“AB 1825”), employers with 50 or more employees are required to provide two hours of classroom or other effective, interactive training in sexual harassment prevention to California supervisory employees every two years.  New supervisors must be trained within six months of being promoted or hired into a Read more

Oregon has announced the state minimum wage rate for 2015. The minimum wage rate will rise from the current rate of $9.10 per hour to $9.25 per hour effective January 1, 2015.  Oregon’s minimum wage rate is tied to inflation, as measured each year by the Consumer Price Index (CPI).  The 15-cent increase represents a Read more

Philadelphia’s Mayor Nutter recently signed the Breastfeeding Accommodation Bill, Number 130922, an extension of the Philadelphia Fair Practices Ordinance. It is effective immediately. Businesses with one (1) or more employees are now required to provide reasonable accommodations for female employees who need to pump breast milk.  Reasonable accommodation includes providing unpaid break time or allowing Read more