Good News for Independent Contracting? Not So Much.

By Tammy McCutchen On June 7, 2017 the U.S. Department of Labor’s Wage & Hour Division withdrew its 2015 guidance on independent contracting which had concluded that “most workers are employees.”  Good news, but we may have been cheering DOL’s decision a bit prematurely.  In its withdrawal of the 2015 guidance, DOL stated that removal [...]

Update on Overtime

By Tammy McCutchen In May 2016, the Obama Administration issued a final rule more than doubling the minimum salary level required for the FLSA “white collar” exemptions from $455 per week ($23,660 annualized) to $913 per week ($47,476 annualized).  However, just nine days before the rule was scheduled to go into effect on December 1, [...]

Tackling Compliance Through Technology

By Lori Brown With the regulatory and legal landscape shifting more rapidly than ever, human resource professionals play a critical role protecting their organizations from compliance slippage.  In my nearly three decades of representing companies large and small in connection with employment-related matters, I have found that even the most sophisticated companies fall victim to [...]

ComplianceHR – where Employment Law Meets AI

Your compliance imperative is our day to day undertaking. Our solutions leverage an artificial intelligence platform which utilizes complex reasoning . The AI platform is fueled by Littler’s in-depth analysis of all applicable federal and state law, driven by a proprietary database of jurisdictional case law – all distilled, weighted, tested and regularly updated to [...]

Intermittent FMLA Leave a Top Challenge for Employers

Littler recently surveyed more than 1,200 HR professionals, attorneys, and executives about their employment law concerns. Seventy-nine percent of those surveyed indicated they face challenges caused by the patchwork of FMLA-related rules and regulations.  To help you with this daunting task, ComplianceHR has created two new applications: Navigator Leave and Navigator Leave Rapid Reference. Navigator Leave [...]

The Evolving Workforce – The New Normal of 1099 Compliance

The workplace has evolved dramatically in recent years and has shifted from a traditional office based workforce to one in which flexibility has become commonplace and employers draw on talent outside their traditional employee base.  Studies estimate that more than 40 percent of the U.S. workforce will be made up of independent contractors by 2020. [...]

Tammy’s Tips: Tracking Minimum Wage Increases

Complying with the minimum wage used to be easy – until some states, counties and cities started passing higher minimum wages. Employers are required to pay non-exempt employees at the highest applicable federal, state or local minimum wage for all hours worked.  29 states and the District of Columbia now have minimum wages higher than [...]

New Labor Secretary Confirmed – What Can We Expect?

Alexander Acosta, a former member of the U.S. Department of Justice and the NLRB during the George W. Bush administration, was confirmed April 27 to serve as President Donald Trump’s Secretary of Labor. The U.S. Senate approved Acosta, the dean of Florida International University Law School, to lead the U.S. Department Of Labor by a [...]

Independent Contractor Litigation Update

The U.S. Court of Appeals for the Ninth Circuit, in a surprise ruling, found that Phoenix airport taxicab drivers are properly classified as independent contractors under the Fair Labor Standards Act.  Applying the six-factor FLSA economic reality test, the court found that the cab drivers were not economically dependent on AAA Cab Services, which has [...]

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