Misclassifying employees as independent contractors is a costly mistake. Under the federal Fair Labor Standards Act (FLSA), the difference between an employee and an independent contractor depends on the circumstances under which work is performed. The distinction has major implications for wage and benefit structures. Unfortunately, businesses routinely fall into the trap of classifying workers based on external criteria – such as cost savings, independent contractor agreements, or franchise operation – rather than on work circumstances.
This winter, in an effort to reach both businesses and workers, the DOL added several misclassification resources to its website. The additions include a mythbusters page […]
Two weeks ago we posted an alert about a preliminary injunction blocking the Department of Labor’s new overtime-exemption rule. The rule was scheduled to take effect on December 1st. While the fate of the rule remains uncertain, the Department of Labor recently filed a notice of intent to appeal the trial court’s preliminary injunction.
For business owners monitoring the status of the case, we’ve gathered the following links providing coverage and commentary on the case. These links do not necessarily represent the opinion of Zlimen & McGuiness, PLLC, and are provided solely for our readers’ interest […]
7 Seemingly Harmless Topics to Avoid in Job Interviews
It can be tempting to start off every job interview with a little chit-chat, asking candidates about their family and private life. But you should be cautious before asking personal questions—what would be harmless small talk in any other context can easily raise the specter of discrimination during a hiring process.
To help you figure out how to avoid legal headaches, I have put together this list of common questions that might be welcome at a cocktail party but should not be asked about in an interview […]
So you are in need of some new employees. You need them to start soon, as in now. There is work to be done and the hiring process takes too much time. Ok, STOP. Hiring the wrong employees quickly will cause you to spend tenfold the time dealing with them later. You know the employees I am talking about because you have them on staff currently. You spend more time dealing with the mistakes from one bad employee than you do dealing with all of your good employees.
Put a stop to this merry go round of bad hiring by […]