Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Let's assume you've done an internal audit, or one required by the Department of Labor, and found – as so many companies do – that certain titles/positions require reclassification from exempt to non-exempt under the Fair...more
When they are not properly paid. A number of law firms and corporate employers consider paralegals to be exempt from overtime. At the federal level, the Department of Labor (DOL) has stated that most paralegals lack...more
In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court.
Worker misclassification is now a bet-the-company issue.
On February 21, 2004, the Illinois Supreme Court rejected a constitutional challenge to Illinois’s Employee Classification Act (the “ECA”), a law that defines...more
Over the past year, unpaid internships have garnered increasing attention. Ross Perlin, the author of “Intern Nation,” estimated in 2011 that more than a million people participate in internships each year in the United...more
In This Presentation:
- FLSA “White Collar” Exemptions
- Three Tests for Exemption
- Salary Level Test
- Salary Basis Test
- Can the Employer Make Deductions?
Executive Summary: New York Governor Andrew Cuomo has signed the "New York State Commercial Goods Transportation Industry Fair Play Act," which will have a significant impact on employers in the transportation industry by...more
Government efforts aimed at cracking down on perceived independent-contractor misclassification show no signs of slowing down as 2014 begins. On November 12, 2013, the “Payroll Fraud Prevention Act of 2013” (PFPA) was...more
On January 10, 2014, New York Governor Andrew Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which becomes effective on March 11, 2014. As with the Construction...more
New York employers will soon find it more difficult to classify commercial delivery drivers as independent contractors.
Gov. Andrew M. Cuomo on January 10 signed a new law that the New York City Teamsters called "the...more
Late last month, in the Southern District of Florida, adult entertainers at several Rick’s Cabaret locations filed a lawsuit alleging that they were improperly categorized (and thus improperly compensated) as independent...more
We talked earlier about the importance of job classification in determining overtime wages for Internet specialists. The same concerns and problems hold true for your administrative employees. Given existing legal and...more
It is easy for us to recommend that employers conduct regular and comprehensive wage and hour audits that examine all facets of the employer’s pay practices to ensure compliance with the myriad of wage and hour laws. After...more
Now that we have reviewed the laws that are affecting California employers beginning in 2014, we cast an eye forward to examine employment issues that could impact your workplace in the New Year. Based on our review of...more
The UK Finance Bill 2014 was published in draft form on 10th December 2013 and the proposed legislation now enters a period of consultation, which will end on 4th February 2014. A full analysis of each and every measure...more
Two restaurants in California have been fined $1.9 million for a variety of wage and hour violations as the result of an investigation by state and federal labor agencies.
The fines mark the latest example of joint...more
New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.” New York...more
On November 18, 2013, New York State joined forces with the U.S. Department of Labor in an information-sharing program that will enhance inter-agency enforcement of worker misclassification. The New York State Attorney...more
Yet another "misclassification" bill introduced in the U.S. Senate would impose new prohibitions, requirements, and penalties relating to categorizing a worker as being either an employee or a non-employee. The "Payroll Fraud...more
On November 18, 2013, New York State announced that it is teaming with the U.S. Department of Labor (U.S. DOL) to protect employees against misclassification as independent contractors or other nonemployee statuses. Officials...more
In their continued efforts to crack down on the misclassification of independent contractors, and the resulting federal and state wage and hour violations, the New York State Department of Labor and the New York Attorney...more
New York is now collaborating with the federal government to go after employers that misclassify employees as independent contractors.
The US Department of Labor's Wage and Hour Division (WHD) on November 18 entered...more
On November 12, 2013, Senator Bob Casey introduced a bill in the U.S. Senate entitled the “Payroll Fraud Prevention Act of 2013.” The act is aimed at reducing the misclassification of employees as independent contractors....more
James W. Craig, the new Commissioner of the New Hampshire Department of Labor, addressed the Labor & Employment Section of the New Hampshire Bar Association on November 19, 2013. Mr. Craig indicated that his chief...more
Flurry of New California Employment Statutes Continues -
The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more
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