Tag: employee classification

DOL Publishes Final Rule Regarding Independent Contractor Classification Under FLSA

Recently, the U.S. Department of Labor (DOL) issued its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA). This new rule, effective March 11, 2024, closely follows the DOL’s 2022 proposed rule, rescinding and replacing the 2021 Independent Contractor Status Under the FLSA Rule (2021 IC Rule). The 2021 […]

You’re Getting a Raise! DOL Again Looks to Hike FLSA Salary Threshold

In September 2019, the U.S. Department of Labor (DOL) expanded the Fair Labor Standards Act’s (FLSA) overtime coverage to more than one million workers. In response, employers everywhere readied themselves for a potentially seismic shift. Calls to legal counsel, workforce audits, and wage adjustments ensued to make sure workers were properly classified. Soon, it may […]

Alternatives to W-2 and 1099

In several recent posts, we’ve been discussing the distinctions between two worker classifications: independent contractors who are issued 1099s by the companies they work for; and traditional employees who are issued W-2s.

Advantages of W-2 Employees

In some recent posts, we’ve been talking about the classification of workers in organizations. In general, it’s pretty clear cut whether a worker is an employee or an independent contractor and the IRS explains some criteria for distinguishing between the two.

misclassification

Advantages of 1099 Contractors

In a previous post, we talked about the decision companies face in classifying workers as independent contractors—those who receive a 1099 for tax purposes—and traditional employees who receive a W2.

SHRM Session: 5 Easy Business Practices For Getting Sued

Getting sued is easy. It’s avoiding lawsuits that is the real challenge. The HR Daily Advisor was recently at the SHRM’s 2017 Annual Conference & Exposition in New Orleans. Here we attended a session entitled From the Boardroom to the Courtroom: Top 10 Business Practices That Will Get You Sued, presented by Pavneet Singh Uppal […]

Employers can learn lessons from DOL’s FLSA woes

Many thought it ironic in mid-August when news broke that the U.S. Department of Labor (DOL) had agreed to a $7 million settlement in a 10-year-old dispute with its own employees and their union. The same agency charged with policing how employers comply with the wage and hour law apparently had compliance problems of its […]

Starbucks Gets a Triple Shot of Damages as $14.1 Million Wage-and-Hour Award Upheld

The penalties for noncompliance with state wage-and-hour laws can be more onerous than that under federal law, which coffee company Starbucks learned the hard way. The 1st U.S. Circuit Court of Appeals recently rejected the company’s appeal of a $14.1 million judgment, finding it had misclassified its shift supervisors under a Massachusetts law and upholding […]