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Showing 29 posts in Fair Labor Standards Act (FLSA).

Worker Classification Tests -- When One Isn’t Enough: Troyer v. T.John.E Productions, cont.

June 12, 2013
Posted In Fair Labor Standards Act (FLSA), Independent Contractors, Job Description, Litigation, Troyer v. T.John.E Productions

On Monday, we discussed the Troyer v. T.John.E Productions, Inc. case. The outcome of that case hinged on whether the plaintiff workers were “employees” or “independent contractors.” The IRS had previously issued SS-8 determination letters to the employers, wherein it was determined the plaintiffs were, in fact, “employees” under the 20-factor IRS guidelines. One might think that the IRS classification would result in a judgment for the plaintiffs. The court, however, thought otherwise. More >

https://www.mcbrayerfirm.com/blogs-Employment-Law-Blog,consequences-of-misclassifying-workers-as-independent-contractors

June 10, 2013
Posted In Employment Law, Fair Labor Standards Act (FLSA), Independent Contractors

Classifying a worker as either an independent contractor or an employee is an important distinction. Taxes, pay, benefits, and whether the worker is protected by the Fair Labor Standards Act (“FLSA”) are all dependent on the classification a worker receives. Generally, independent contractors are owed fewer obligations than employees and, thus, the independent contractor label is often favored. However, misclassification may result in legal action and the possibility of significant consequences (see a post on the consequences here). Making the distinction is not always easy and usually requires a fact-specific analysis. Sometimes, workers may even be evaluated under different standards, depending on which government agency or type of action is involved. Case in point: Troyer v. T.John.E Productions, Inc., from the U.S. District Court for the Western District of Michigan.[1] More >

Notices Required by the Affordable Care Act by October 2013

June 5, 2013
Posted In Department of Labor ("DOL"), Fair Labor Standards Act (FLSA), Insurance Coverage, Patient Protection and Affordable Care Act, Play or Pay

By October 1, 2013, employers must provide current employees and new hires with notices concerning health insurance and state exchanges created pursuant to the Affordable Care Act (“ACA”). These notices are required by section 18B of the Fair Labor Standards Act (“FLSA”), an amendment created by the ACA. More >

Telecommuting—No Longer the Way of the Future?

March 18, 2013
Posted In Employee Handbook, Employment Law, Fair Labor Standards Act (FLSA), Human Resource Department, OSHA, Telecommuting

Marissa Mayer is making news. She may also be single-handedly changing employer policies across the country.    As Yahoo’s new CEO, Mayer already made headlines as the youngest female CEO in a Fortune 500 company. But now she is becoming known for what she does and not just who she is. Mayer recently instituted a ban on telecommuting for all Yahoo employees.  The decision was a massive shock to company employees who routinely worked from remote locations. After all, it seems paradoxical that a tech giant like Yahoo requires employees to be physically present in the office for work when technology permits otherwise. More >

Employee’s Role in Timekeeping Emphasized in New Sixth Circuit Opinion

February 11, 2013
Posted In Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Human Resource Department, Job Requirement, Kentucky Labor Cabinet, Wage and Hour, White v. Baptist Memorial Health Care Corp.

A recent court ruling by the Sixth Circuit, which includes Kentucky, has received extensive publicity for its holding relative to employer’s obligations for employee lunch breaks. In White v. Baptist Memorial Health Care Corp., 11-5717 (6th Cir. App. 2012), the United States Court of Appeals for the Sixth Circuit held that the employee “bears some responsibility for the proper implementation of the FLSA’s overtime provisions […] an employee cannot undermine his employer’s efforts to comply with the FLSA by consciously omitting overtime hours for which he knew he could be paid.”[1] More >

Inclement Weather and Time Off Issues: To Pay or Not to Pay

November 14, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Fair Labor Standards Act (FLSA), U.S. Department of Labor

With winter closing in, the possibility of bad weather brings potential attendance issues to the forefront of our minds. Icy roads and snow storms in Kentucky often cause delays and closings of not only schools but also businesses. Of course safety is the primary concern for everyone in extreme weather conditions, but employers must think beyond the logistics of employees getting to work or staying home. Absences due to bad weather impact the productivity of a business, and raise questions regarding the calculation of pay and how an employee’s time should be tracked. These issues are further complicated when dealing with a mix of exempt and non-exempt employees, however the U.S. Department of Labor (DOL) does offer some guidelines to assist an employer in determining their rights and responsibilities when bad weather impacts employee attendance. More >

Smartphones - 24/7 Access: When are employees off the clock?

August 31, 2012
Posted In Employee Performance Reviews, Employee Personnel Files, Employment Law, Fair Labor Standards Act (FLSA), Human Resource Department, Wage and Hour, Workplace Discrimination, Harassment and Retaliation

With instant access to all things via smartphones and the internet, it has become increasingly easy for employees and employers to stay connected to work all the time. Smartphone access and being constantly connected is part of our professional make-up, and necessary to keep pace with the speed of the information highway. Right? Connectivity is firmly woven into everyday business practices but at what price? More >

Unpaid Interns – Too Good to be True?

April 9, 2012
Posted In Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Salary Threshold

With summer fast-approaching, many employers are now deciding whether to hire summer interns. Undoubtedly, the benefits of an internship extend to both the employer and the intern. The company receives the intern’s services, while the intern enjoys exposure to and experience within his or her chosen field. If your company is considering hiring an intern, however, it is imperative that you seriously evaluate the internship program and policies to ensure that your company is not violating federal law. More >

School’s Out for the Summer!: Important Employment Law Considerations when Hiring Interns and Graduates

April 5, 2012
Posted In Americans with Disabilities Act, EEOC, Employee Contracts, Employment Discrimination Laws, Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Informal Discussion Letter (“EEOC Letter”), Internet & Media Law, Workplace Discrimination, Harassment and Retaliation

Spring is here, and along with the change in season comes a flurry of graduation announcements, parties, and for employers, a flurry of applications and resumes from recent high school and college graduates.  Recent graduates and interns provide a wealth of talent for many employers, and often become a core part of their operations and strategy.  However, there are a few employment law considerations that must be understood by a company’s HR representative, and really, everyone involved in the hiring process, when advertising, hiring and determining wages for your Spring hires. More >

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