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FLSA

Highly paid contractors may be FLSA HCEs

06/17/2021
One of the biggest risks of using independent contractors is the possibility they could challenge their status and argue they should be classified as employees. But there is a way to avoid that litigation risk: Pay those independent contractors enough so they would otherwise be classified as highly compensated employees under the FLSA.

Pay equity group alleges tip credit perpetuates racism

05/06/2021
Many tipped workers wind up earning far more than the $7.25 minimum when tippers are generous. But some patrons are cheapskates (or worse) who may tip far less because they harbor racist views. That problem is the basis of a recent lawsuit.

DOL withdraws Trump-era independent contractor rule

05/06/2021
The Department of Labor has withdrawn a rule issued Jan. 6 in the waning days of the Trump administration that critics say would have denied gig workers eligibility for minimum-wage and overtime pay under the Fair Labor Standards Act.

Check contractor pacts for misclassification errors

04/29/2021
The Department of Labor has launched a campaign to root out unlawful misclassification of employees as independent contractors.

Pay employees for pre-shift COVID screening

04/15/2021
To decide if you must pay employees for their pre- or post-work activities—such as putting on uniforms, waiting in a time-clock line, etc.—take a look at the Fair Labor Standards Act. The main issue is whether the pre- or post-activity is “integral” and “indispensable” to the employee’s principal activity.

No matter how small, you’re probably covered by FLSA

04/01/2021
The Department of Labor has for decades held that the Fair Labor Standards Act covers all employers that send mail that crosses state lines or make phone calls to out-of-state numbers. Now a federal appeals court has made it clear that even an occasional phone counts.

Double wages due for ignoring FLSA pay rules

03/18/2021
When the Department of Labor catches employers underpaying employees in violation of the Fair Labor Standards Act, the penalty is to pay the amount owed—and then double it. If the underpaid employee hired an attorney to plead her case, then the employer may end up paying those legal fees, too.

DOL rescinds 2 Trump-era wage-and-hour rules

03/16/2021
The Department of Labor moved March 11 to rescind two rules finalized by the Trump administration that the DOL now says significantly weaken protections afforded to workers by the Fair Labor Standards Act.

Fix common pay errors before DOL investigates

03/11/2021
Managing restaurant employees isn’t easy. And unless HR provides frequent and accurate guidance, front-line managers may be tempted to devise their own questionable methods for simplifying scheduling and paying staff. Don’t let that happen.

Are unpaid internships a thing of the past?

02/19/2021
In a new LiveCareer survey of 1,000 workers who’ve had internships, more than three quarters (77%) said they were paid for their work.