FMLA: AVOID PENALTIES AND LAWSUITS Family and Medical Leave Act (“FMLA”) guarantees employees unpaid, job-protected leave for 12 workweeks in a 12-month period. Workers can take FMLA leave intermittently, working shorter days or shorter weeks. It doesn't have to be continuous leave. For an employee who normally works 40-hour weeks,...
DOL Issues Long Awaited Proposed Rule on Independent Contractors The misclassification of employees as independent contractors is one of the most serious problems facing affected employees, employers, and the U.S. economy. The U.S. Department of Labor (“DOL”) has issued a proposed rule to clarify who is an independent contractor under...
INDEPENDENT CONTRACTORS VS EMPLOYEES - UPDATE The Fair Labor Standards Act (“FLSA”) addresses the misclassification of employees (“Eees”) as independent contractors (“ICs”). There has been a lot of litigation and attorneys fees expended in companies’ misclassifying employees. The U.S. Department of Labor (“DOL”) recently stated that it will revisit the...
FMLA LEAVES – Get Your Files In Order for DOL Audits We last gave you some Dos and Don’ts regarding leaves. Now, we update that the Department of Labor (“DOL”) is increasing Family and Medical Leave Act (“FMLA”) audits and investigations, so employers are well advised to get FMLA policies...
Employers: FMLA Audits Planned by DOL The Department of Labor (DOL) stated that it would increase Family and Medical Leave Act (“FMLA”) and wage and hour audits of employers. Of particular attention are employers in the warehouse and logistics industries. Employers should prepare now, as a FMLA violation often leads...
Calculating Overtime Under The Fluctuating Workweek Method: Important Changes for Employers Employers typically have to pay non-exempt employees overtime at one and a half times an employee’s regular rate of pay; however, some states allow employers to use the fluctuating workweek method and pay overtime at only one-half of an employee’s regular rate for all hours worked over 40 in...