North Carolina worker misclassification law takes effect December 31

December 12, 2017 0 COMMENTS

by Patricia Heyen

The North Carolina Employee Fair Classification Act (EFCA), which will take effect on December 31, provides a mechanism that allows workers to more easily report—and state agencies to more easily prosecute—employers that misclassify workers as independent contractors instead of employees.

The new law increases the potential impact of worker misclassification, including higher legal expenses and other costs. Worker misclassification remains a hot topic for employers and a priority for federal and state agencies. Workers who are classified as employees are provided certain protections under the law regarding issues like minimum wage, overtime pay, benefits, equal employment opportunities, and on-the-job injuries. Those protections don’t apply if a worker is an independent contractor.

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Florida minimum wage increasing to $8.10 on January 1

December 22, 2016 0 COMMENTS

by Lisa Berg
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

The minimum wage in Florida is set to go up five cents to $8.10 an hour on January 1. The current hourly minimum wage is $8.05. The increase is based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1, 2016.

Restaurant and hotel employers that take a tip credit may still take a credit of up to $3.02 per hour against the new minimum wage, meaning tipped employees must receive direct wages of at least $5.08 per hour starting January 1.

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NLRB Takes ‘Major Step’ with New Notice Rule

December 22, 2010 4 COMMENTS

The National Labor Relations Board (NLRB) took “a major, but not unexpected, step” Tuesday when it announced a new proposed rule that would require employers to notify employees of their rights under the National Labor Relations Act (NLRA). Among other things, employers would have to let employees know that they have the right to “[t]ake action with one or more co-employees to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government agency, and seeking help from the union,” as well as engaging in strikes and picketing. Covered businesses would be required to place a government-furnished poster — “Employee Rights under the National Labor Relations Act” — in prominent places in their work site and electronically, if that is the usual means of communicating with employees.

“The NLRB has never tried to impose — on all employers — such a notice requirement,” says J. Robert Brame, a Washington, D.C. attorney with McGuireWoods LLP and co-editor of Federal Employment Law Insider. In effect, the NLRB is creating a new unfair labor practice (ULP) — failure to post a new Board-drafted notice. The assumed ‘employee lack of knowledge’ was addressed earlier in one of President Obama’s first executive orders, but it was limited to federal contractors. This goes much, much further.”

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