“Economic Realities” Test Applies to Independent Contractor vs. Employee Relationship
For employers classifying providers of personal services as “independent contractors” rather than employees, the United States Department of Labor (DOL) has just issued a warning: In its view, “most” American workers are really employees. The Department’s Wage and Hour Division issued a 15-page interpretative “guidance” memorandum on July 15, seeking to clarify the sometimes difficult…
The Obama Workplace Revolution: Employers Need to Update Employees’ Overtime Classifications
While President Obama has not been able so far to obtain necessary Congressional support for increasing the federal minimum wage, he is moving expeditiously to increase the number of American employees eligible for overtime pay. This he can do by himself through executive action — without Congressional legislation. Under the federal Fair Labor Standards Act…
