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Wage and Hour Laws Blog

Posts tagged Misclassification.

The U.S. Labor Department's Wage and Hour Division has released "Administrator's Interpretation No. 2015-1" expressing its views on how to evaluate who is and is not an independent contractor under the FLSA.

U.S. Wage and Hour Division Administrator David Weil has announced that he will soon release an Administrator Interpretation intended to clarify who is and is not an independent contractor under the FLSA.

The "Payroll Fraud Prevention Act of 2013" would amend the FLSA to impose new prohibitions, requirements, and penalties relating to categorizing a worker as being either an employee or a non-employee, but some changes would be of even-broader impact.

The U.S. Labor Department's latest proposed "worker classification" survey is an indication that the "Right to Know" initiative will include exemption-related disclosure requirements.

Our recent Forbes.com article summarizes some important points to keep in mind with respect to the federal Fair Labor Standards Act status of "contract laborers", "freelancers", "casual workers", "contract employees", or independent contractors by any other name.

We have taken the position that the Labor Department's proposed collection of information should not be cleared, approved, or undertaken.

Now that the election is behind us, employers should consider what they might anticipate in the field of wage-hour law.

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.

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