Accuchex Blog

DOL Adopts New Test For Unpaid Intern Status

Posted by Leslie Ruhland on Jan 11, 2018 9:10:00 AM

As with independent contractors and overtime exempt workers, employers must be diligent in complying with the factors that define a worker's status, even unpaid interns.

The US Department of Labor (DOL) has shelved its contested six-part test for intern status for interns working at for-profit companies. The short-lived test was replaced it with a more comprehensive set of factors taken directly from those established by the Second Circuit in 2015.

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Topics: independent contractors, HR compliance, employee lawsuits, exempt employees, dol fsla, unpaid internship

DOL Files Appeal To Halt Overtime Ruling

Posted by Leslie Ruhland on Nov 7, 2017 9:04:00 AM

The ongoing issue of the Department of Labor's 2016 Final Rule took another turn recently. The DOL filed to overturn part of the court injunction issued in September 2016.

In late 2016, under President Obama, the DOL issued what was called the Final Rule, which would have raised the salary threshold for overtime eligibility from $455 per week to $913 per week.

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Topics: overtime pay, DOL, fsla, dol fsla, final rule, wage and hour compliance

Independent Contractor VS Employee: Are You Up To Date?

Posted by Leslie Ruhland on Oct 19, 2017 8:45:00 AM

Determining the employment status of workers can be a process fraught with with risk. Being clear on a worker's status is a matter of being up to date on the law.

There is still some confusion on the part of employers and managers regarding the "rules" for classifying workers as either an independent contractor vs employee. Much of this has stemmed from government agency's shifting interpretation of the existing guidelines.

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Topics: independent contractors, HR compliance, employee classification, IRS, DOL, dol fsla

Employee Classification: The Contractor Vs. Employee Dilemma

Posted by Leslie Ruhland on Oct 5, 2017 9:06:00 AM

The Department of Labor has hired scores of new auditors solely to investigate misclassifications. State investigators are also placing more attention on employers. And more workers are challenging their classifications.

Employee classification has become increasingly risky for businesses in California and across the country. Incorrectly classifying employees as independent contractors is on the rise, but may represent a 'red flag' for many employers.

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Topics: independent contractors, overtime pay, employee classification, employee lawsuits, dol fsla, final rule

Tips For HR Management Best Practices: Avoiding Lawsuits

Posted by Leslie Ruhland on Sep 26, 2017 8:40:24 AM

No business wants to be subject to an employee lawsuit. Effective HR management and improved HR best practices can help prevent them.

[This post was modified and updated from a previous post published in January 2017]

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Topics: HR best practices, independent contractors, HR compliance, overtime pay, HR management practices, employee classification, employee lawsuits, dol fsla

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