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 [...]

Independent Contracting: Who is At Risk?

Your company’s contingent workforce is both a business necessity and a potential liability risk, with no relief in sight. Three months into the Trump Administration, the U.S. Department of Labor has not changed its guidance that “most workers are employees under the FLSA’s broad definitions” or withdrawn from its cooperative enforcement agreements with the IRS [...]

Article: Overtime after the Election – Key Takeaways

ComplianceHR President, Lori Brown, and VP of Strategy, Tammy McCutchen, hosted a webinar today that took head-on the question of what businesses should take away from the election results as it effects the upcoming December 1st changes to Overtime. Tammy brings a unique perspective on topics of regulation, litigation, and legislation, first and foremost as [...]

Article: How to Safeguard Your Firm From Joint-employer Pitfalls

Article by Lori Brown. Originally Published by The Staffing Stream The changes made last year to joint-employer standards via the National Labor Relations Board’s decision in Browning-Ferris Industries of California Inc. (BFI) case marked a dramatic definitional expansion of “employee” and shift in the long-time joint employer test. Indeed, the NLRB’s adoption of an “indirect [...]

Article: How to comply with labor laws for contract workers

Article by Lori Brown, Originally published in Restaurant-Hospitality On-line. Over the past 18 months, employers have endured rough waters in the wake of the U.S. Department of Labor’s (DOL) attack on how businesses engage 1099 contract workers and, on almost a parallel track, to what extent employees can be paid on an overtime exempt basis. [...]

Tips for Reviewing Independent Contractor Agreements

Tips for Reviewing Independent Contractor Agreements As seen in Construction Executive Ensure Classification Compliance as DOL Focuses on Construction Industry August 30, 2016 By Lori Brown Just as the Department of Labor (DOL) proposed major changes to the nation’s overtime rules in 2015 (taking effect Dec. 1, 2016), the DOL also doubled down on its [...]

The New Overtime Challenge: Constructing Compliance in an Evolving Era of Compensation Management

Via: Construction Executive, By: Lori Brown In recent years, the Department of Labor (DOL) has taken the position that due to a “particularly competitive” environment, pay practice violations are rampant throughout the construction industry. Previously, the DOL mostly cited issues related to “off-the-clock” work, travel time and poor record keeping. Adding fuel to the fire of [...]

New OT rules: How to calculate your best option

  Via: Office Manager Today, By: Lori Brown On May 18 the Department of Labor published its long-awaited final changes to the Fair Labor Standards Act’s overtime rules. And although both the White House and the Secretary of Labor intended to “simplify and modernize” the overtime rules, the new rules create new challenges for employers [...]

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