After 80 years with the USDOL, the FLSA needs a shakeup. The problem is that, even as we anxiously await proposed regulations from the current agency and contemplate how things might be under a potential new one, it’s the 80-year-old law that needs change, and not just because it is outdated.
Before forging ahead with summer hires, employers should carefully evaluate state law restrictions to determine whether they overlap and/or supplement the FLSA and, either way, how they apply depending on a multitude of factors that can go well-beyond just the minor’s age.
Organizations whose operating models are based upon or incorporate independent contractors ignore the current enforcement climate at their peril.
The U.S. Labor Department continues to expand the number of jurisdictions and agencies with which it is collaborating on the "misclassification" of workers as independent contractors.
The employee-misclassification "Memorandum of Understanding" entered into between the U.S. Labor Department and the U.S. Internal Revenue Service should cause every employer to take notice.