• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

FLSA

Beware contractor misclassification when buying labor through third party

02/12/2019
Merely calling someone an independent contractor (or even hiring them though a third party) won’t shield you from overtime liability if the worker should have been classified as an employee.

New FLSA resource from DOL

02/12/2019
The Department of Labor has launched an electronic version of its “Handy Reference Guide to the Fair Labor Standards Act.”

Gig economy: Legal and practical considerations for employers

02/06/2019
As new gig economy options to engage employees emerge, here are seven areas of concern that employers may want to consider.

Defend against misclassification claim by describing exactly how employee did her job

02/06/2019
When it comes to defending against charges that you misclassified an employee, it’s crucial to have details about the actual work the employee performs. Specifics matter.

Job descriptions: Why you need ’em, how to write ’em

02/05/2019
Federal labor law requires HR professionals to do a lot of different things. Writing job descriptions is not one of them. Because this arduous task is optional, many organizations skip right over it. That’s not wise. There are many practical and legal reasons to draft (and up­­date) job descriptions.

Pot business’s FLSA defense goes up in smoke

01/31/2019
State and municipal laws legalizing marijuana sales for recreational and medicinal purposes have created a legal limbo.

Contractor pays $2.8 million for prevailing wage violations

01/29/2019
Federal contractor Fedcap Rehabili­tation Services has agreed to pay more than $2.8 million to 443 em­­ployees at 17 locations to settle charges the company violated a law requiring contractors to pay a prevailing wage.

Suit alleges mandatory off-the-clock work

01/29/2019
A federal court has authorized a class-action lawsuit alleging that workers were required to show up early to perform unpaid work.

‘Fair reading’ of FLSA exemptions gets a test drive

01/17/2019
In 2018, the U.S. Supreme Court ruled in Encino Motors v. Navarro that exemptions to the Fair Labor Standards Act should be given a “fair reading,” instead of a narrow construction. Two federal appellate court decisions have put their stamp on just what counts as a fair reading.

Wage lawsuits fall, but still near historical highs

01/17/2019
In 2018, U.S. employees filed 7,494 lawsuits in federal courts relating to wage-and-hour issues. That’s down a bit from the previous year, but still running at historically high levels.