News & Analysis as of

Independent Contractors Fair Labor Standards Act (FLSA) Audits

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Trusaic

How to Comply with the New DOL Independent Contractor Rule

Trusaic on

The U.S. Department of Labor (DOL) has provided final guidance on employee vs. independent contractor classification under the Fair Labor Standards Act (FLSA). On Jan. 9, the DOL Independent Contractor Rule was published. ...more

Fox Rothschild LLP

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

Fox Rothschild LLP on

I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs. I have come to...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Pullman & Comley, LLC

Dog Days (of Winter) are Over: Audits for Worker Misclassification On Increase

Pullman & Comley, LLC on

Consistent readers of the blog will no doubt know of my weaving in pop culture into blog posts. So it was with some good fortune that as I began to write this post, the song “Dog Days are Over” popped up on my iPhone speakers...more

Spilman Thomas & Battle, PLLC

How to Survive the Department of Labor’s Wage and Hour Enforcement

As most employers know, the federal wage/hour law under the Fair Labor Standards Act (“FLSA”) includes the requirement to pay “non-exempt” employees time and one half of their “regular rate” for work in excess of 40 hours in...more

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