While the Department of Labor seeks to assure some businesses that "gig economy" workers are not employees, the California Supreme Court might disagree.
A series of related events are shaking up employers who make use of independent contractors and workers classified as such who feel they should be classified as employees. Additionally alarming for employers, especially in California, is the growing prospect of wage and hour lawsuits.
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Topics:
independent contractors,
dol fsla,
wage and hour compliance,
gig economy,
ABC Test
While the Department of Labor inches closer to making a final decision on proposed overtime eligibility, the state of California is still debating the definition of an independent contractor. Both pending decisions will have a significant impact on California employers, workers and the state's business climate.
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Topics:
independent contractors,
overtime pay,
employee classification,
dol fsla,
final rule
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:
minimum wage law,
overtime pay,
california labor laws,
DOL,
dol fsla,
FLSA
Business owners and managers may be tempted to circumvent overtime rules on occasion, but the results can be far more costly than the additional wages saved.
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Topics:
time and attendance,
overtime pay,
dol fsla,
wage and hour compliance,
reporting time pay
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