Tag Archives: Employee Classification

Wage and Hour Compliance – Better Guard Your Own Parking Spot

wage
Many companies at one time or another get overtime compliance wrong, at least to some degree. It’s an expensive topic. Liability under federal law for failing to correctly pay overtime comes at the hefty price of all unpaid overtime for two years (three when its willful, and even longer under some state laws), multiplied by two for … Continue reading this entry

The Jig Is Up: California Supreme Court Asserts New Independent Contractor Test Impacting The “Gig Economy” and Companies Engaging Independent Contractors

immigration
Yesterday (April 30, 2018) the California Supreme Court issued an opinion on the appropriate test to employ when assessing “independent contractor” classification under state law. The Court’s unanimous decision throws out the prior multi-factor test for determining independent contractor versus employee status for claims based on the California Industrial Welfare Commission’s Wage Orders. This new … Continue reading this entry

Everyone Keeps Focusing On Independent Contractors, So We Will Too…

Employer
If it looks like “Independent Contractor vs. Employee Week” on Labor & Employment Law Perspectives, that may be a function of the fact that misclassification of employees as independent contractors has been a hot topic for some time and shows no signs of cooling down. There is a focus on the topic by the U.S. … Continue reading this entry

Is Final Rule on White Collar Exemptions a Hidden Opportunity for Employers?

Employer
It is no secret that last summer the Department of Labor (DOL) proposed substantial amendments to the white collar exemption regulations. Namely, the DOL proposed raising the minimum salary threshold from $23,660 to $50,440 and to automatically increase the salary threshold on an annual basis based on inflation or other factors. Well, the amended rules … Continue reading this entry

DOL Fires Across the Bow of Businesses Underway With Independent Contractor Manpower

California Emloyers
Employee classification issues have been a recurrent topic of ours, and with all the class action litigation arising from independent contractor and other classifications, we have had no shortage of opportunities to remind companies of the potential risks inherent in other-than-employee classifications. But just in case anyone in the business community has not heeded these warnings, … Continue reading this entry