Accuchex Blog

Independent Contractor Status Is Now Threatened In California

Posted by Leslie Ruhland on Jun 26, 2018 11:30:33 AM

The California Supreme Court recently issued a major decision establishing a new misclassification test based on the presumption that all workers are employees.

California’s Supreme Court ruling in the appeal of Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County issued on April 30, 2018, has made the determination test much more stringent. With this single decision, the court has essentially transformed millions of independent contractors into full-time employees.

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Topics: gig economy, independent contractors, employee classification, DOL, compliance mistakes

Be Clear On Overtime Pay In California

Posted by Leslie Ruhland on Apr 3, 2018 12:42:46 PM

Until the federal government finalizes new rules regarding the salary floor for exempting employees from overtime pay, the current provisions of the Fair Labor Standards Act (FLSA) still apply.

As of January 1, 2018 California's overtime minimum wage is one and a half times the current California minimum wage rates of $10.50 per hour for businesses employing 26 or more workers. For those employers with 25 or less, the current wage is set at a minimum of $10.50 per hour.

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Topics: overtime pay, minimum wage law, FLSA, DOL, dol fsla, california labor laws

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: DOL, dol fsla, fsla, final rule, overtime pay, 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, employee classification, dol fsla, HR compliance, DOL, IRS

Update On The FLSA Final Rule And Overtime Pay

Posted by Leslie Ruhland on Jul 18, 2017 12:24:05 PM

The Final Rule of the Fair Labor Standards Act regarding overtime pay and salary thresholds has been in a legal battle since late 2016.

 

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Topics: final rule, FLSA, overtime pay, salaried employee, labor law compliance, dol fsla, DOL

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