In 2016, the US Department of Labor was planning to implement new modernized overtime rules which promised to expand overtime eligibility to 5 million workers, including nearly all salaried employees who earn up to $47,476. Those plans were enjoined by a federal district court in late 2016. The former administration’s […]
Employers: Know When To Fold On Unemployment Compensation Claims
Employers rightfully want to keep costs down by avoiding unwarranted unemployment compensation claims. In fact, some believe in never giving in on unemployment. But allowing the claim to go through can be the wiser financial decision even where the employer might otherwise prevail. Why? Because employees who go from little […]
FLSA: Independent Contractor v. Employee
Hiring independent contractors rather than employees can be advantageous to a business. It eliminates payroll taxes, workers’ compensation, minimum and overtime wages, unions, and the need to comply with the myriad of employment laws that offer employees critical benefits and protections. But misclassification of employees as independent contractors can create […]
New Year, New Minimum Wage
Florida’s minimum wage for 2019 has increased 21 cents to $8.46 per hour. The state’s annual calculation is based on inflation—the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1, 2018. Meanwhile, […]
Wage and Hour: Arbitration Agreements with Class Action Waivers
Earlier this year, the U.S. Supreme Court approved the use of class action waivers of wage and hour claims in arbitration agreements between employers and employees. Epic Systems Corp. v. Lewis, 548 U.S. ___, 138 S. Ct. 1612 (2018). The Supreme Court stated: In each of these cases, an employer […]