Employers need to be ready for new overtime rule by December 1

May 18, 2016 2 COMMENTS

The flurry of speculation is finally over. The White House and the U.S. Department of Labor (DOL) have released the new final rule governing which workers must be paid overtime. The changes aren’t quite as drastic as what employers were preparing for based on the contents of the proposed rule made public last summer, but the final rule more than doubles the amount workers must earn to qualify as exempt from the law’s overtime pay requirement.  3D Man Overtime Clock

The changes mean some 4.2 million more employees across the country, according to White House estimates, will be eligible to earn overtime pay when the new final rule takes effect on December 1.

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Uber class action ruling expected to have national implications

September 02, 2015 0 COMMENTS

A San Francisco judge’s ruling granting class action status to possibly thousands of Uber drivers carries implications that “go well beyond California,” according to an attorney closely watching the case.

U.S. District Judge Edward Chen ruled September 1 that a group of Uber drivers in California can sue as a class as they argue that they should be considered employees instead of independent contractors.

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Legislation Seeks to Curb Employee Misclassification via Fines, Notice Rules

April 28, 2010 1 COMMENTS

Adding momentum to federal agencies’ ongoing initiatives to crack down on employee misclassification, the U.S. House and Senate have introduced legislation intended to curtail the misclassification of employees as independent contractors. The Employee Misclassification Prevention Act, introduced April 22, would amend the Fair Labor Standards Act (FLSA) to impose additional compliance and record-keeping requirements on employers and to specifically prohibit the misclassification of employees.

Under the Act, employers would have to provide written notice of classification to each individual hired alerting the employee (or contractor) of her particular status. Employers also would be required to keep records, similar to the work and wage records kept for employees, for each contractor hired.

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