Misclassification

Compliance with the federal Fair Labor Standards Act (FLSA) is more critical than ever for employers. The FLSA is the law that establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the private sector and in federal, state and local governments. FLSA Enforcement According to recent government reports, FLSA lawsuits have Read more

Twice a year, the federal Department of Labor (DOL) releases its regulatory agenda indicating its rulemaking and enforcement priorities for the coming one-year period.  This spring, the DOL announced that it will pay particular attention to Wage and Hour Division regulations.  The proposed rulemaking activity will impact employers across all industries. Among the proposed changes, Read more

Progress is being made in the fight against employee misclassification, most recently in the District of Columbia. Employee misclassification is the practice of labeling workers as independent contractors, rather than employees. Misclassification is unfair to law-abiding employers that pay unemployment insurance taxes and provide workers’ compensation coverage for their employees. They also face a competitive Read more

Louisiana Employment Security Law was recently amended to require EVERY employer to post a state-mandated notice regarding misclassification of employees as independent contractors. The new “Independent Contractor or Employee?” posting advises all employees, employers, independent contractors and subcontractors of: Factors that describe independent contractors, Rights regarding unemployment and workers’ compensation benefits, Employee protections from retaliation, Read more