Articles Posted in Wage and Hour

DON’T DO THIS: Misclassify your employees as independent contractors

May 7, 2021 | by Eric B. Meyer

United States Department of Commerce and Labor, Public domain, via Wikimedia Commons

While not quite as outrageous as slavery, ignorance, or misogyny, today’s edition of “Don’t Do This” will apply most practically to readers of this blog. Continue reading

DON’T DO THIS: Enslave an employee

May 4, 2021 | by Eric B. Meyer

Image by analogicus from Pixabay

Common sense dictates that, as human beings, we refrain from certain activities. For example, neither cuddling with a porcupine nor housebreaking a skunk are good ideas. You don’t need a lawyer to tell you that. Continue reading

Members of Congress want “bold action” from the new Labor Secretary. (Like overtime for anyone making under $1,591/week!!!))

March 30, 2021 | by Eric B. Meyer

Image by Gerd Altmann from Pixabay

Several members of Congress have asked new Secretary of Labor Martin J. Walsh to require American businesses to pay overtime under the Fair Labor Standards Act to anyone making less than $1,591 per week (equivalent to $82,732 per year for a full-year worker) who works more than 40 hours in a workweek. $82,732 per year is the 55th percentile of earnings of full-time salaried workers nationwide.

So, yeah, whoa! Continue reading

Here’s a tip. Expect significant changes to the DOL’s previously-proposed employee tipping rules.

March 24, 2021 | by Eric B. Meyer

Nan Palmero from San Antonio, TX, USA, CC BY 2.0, via Wikimedia Commons

I know a guy.

(Ok, I got a press release.) Continue reading

In a move that no one saw coming, the Biden DOL plans to 86 the joint employer and proposed independent contractor rules

March 12, 2021 | by Eric B. Meyer

Heart Monitor by habione 404 from the Noun Project

Oh, how embarrassing! Let me fix that blog post title.

In a move that no one anyone with half a brain or a faint pulse saw coming, the Biden DOL will eliminate the joint employer and proposed independent contractor rules.

There, that’s better.

It’s official! Second chances and clean slates for wage-and-hour violators are over at the DOL.

February 3, 2021 | by Eric B. Meyer

Image Credit: Photofuinia.com

In 2018, the U.S. Department of Labor began allowing employers to self-report wage and hour violations under the Fair Labor Standards Act (FLSA) and pay 100% of the wages owed to workers. In exchange, DOL would not assess liquidated damages, which would otherwise equal 100% of the wages. Plus, the employer would be immunized from private lawsuits.

It was all part of the Payroll Audit Independent Determination (PAID) program.

Now PAID is DEAD! Continue reading

The CDC has a new vaccine communication COVID-19 toolkit. Plus, President Biden proposes even MORE employment law changes. 😱

January 25, 2021 | by Eric B. Meyer

Image by OpenClipart-Vectors from Pixabay

Last week, I shared with you eight ways that President Biden changed employment law on Day One. It took me a while to cobble together that post. So, I was kind of hoping that “46” would take a few days off or something so that I could unwind in the blogcuzzi without worrying about any new Biden/HR content for this week.

No such luck. Continue reading

President-Elect Biden published his first HR compliance wish list. (And you won’t believe No. 3!)

January 18, 2021 | by Eric B. Meyer

I always click on those “And you won’t believe No…” posts.

How about you? Continue reading

What’s the big difference between an independent contractor and an employee anyway?

January 7, 2021 | by Eric B. Meyer

Tug of War by Creative Mania from the Noun Project

Sam spent 60 hours working on a project for your company last week, for which the business paid Sam $1,000. The company treated Sam as an independent contractor.

But, what if Sam was actually an employee instead? Continue reading

Here’s how to compensate employees that split their day between the office and telework

January 5, 2021 | by Eric B. Meyer

Image by Carlos Insignares from Pixabay

Let’s say that some of your non-exempt employees choose to telework for part of the day and work at the office for part of the day, with enough time to perform personal tasks in between. Do you have to compensate them for the travel time between home and office?

Let’s check out some hypothetical scenarios.

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.