The United States Department of Labor (DOL) has issued final rules extending minimum wage and overtime protections under the Fair Labor Standards Act (FLSA) to home care workers employed by third party employers. These regulations have been in...
A recent decision of a U.S. District Court reminded me of some of the lesser-known legal principles that expand an employer’s legal liability. This particular decision involved the Family and Medical Leave Act (FMLA) and an employer who uses a...
A lot of my recent reading has reminded me of the ever-expanding number and scope of federal and state employment laws. Requirements and coverage are so varied that I think it is valuable to provide a check-up checklist, if you will, over the...
During 2009 and 2010, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor saw significant growth in staff, budget, and investigations. While the budget for the 2012 fiscal year looks to trim most government agency budgets,...
One of the hottest topics in Labor & Employment (“L&E”) law is independent contractor (“IC”) misclassification. This issue receives so much attention because of the cumulative impact of employee wage loss, tax revenue loss, and the...