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You are here: Home / Archives for Fair Labor Standards Act

How About Some Tips for Paying Tipped Employees?

August 29, 2019 by theemplawyerologist 1 Comment

Are you in a business where employees tend to receive tips? Do you take a tip credit? What happens when the employee(s) do more than one job or they perform a mix of functions, some of which may pay tips and some of which may not? Can you take the tip credit for all the […]

Are Sports Referees Employees or Independent Contractors?

July 18, 2019 by theemplawyerologist Leave a Comment

I love irony. I can’t resist pointing it out. So how’s this for some irony? The Pennsylvania Interscholastic Athletic Association just agreed to pay $260,000 to settle allegations in a class/collective action lawsuit that it misclassified its referees as independent contractors. What’s the irony? The referees, whose job it is to apply established rules and […]

The “ABC’s” of Independent Contractor Designations

May 3, 2019 by theemplawyerologist Leave a Comment

The US Department of Labor recently issued an opinion letter stating that workers finding work through a gig-economy platform are independent contractors, rather than employees. Earlier this week, I posted about that on LinkedIn. The DOL’s opinion letter is not law. It does provide excellent guidance on how the federal agency enforcing the Fair Labor […]

Can Federal Employees Sue the Government for Shutting Down?

January 24, 2019 by theemplawyerologist Leave a Comment

I thought that might be an interesting question for this week. It’s not quite what it sounds like though, so let me explain. As you know, the federal government has been shut down since December 22, because our President and Congress can’t agree on a budget. But not all government agencies are entirely shut down. […]

30 Million Reasons Why Systems Administrators May Not Be Overtime-Exempt

November 21, 2018 by theemplawyerologist Leave a Comment

Does your company have I.T. employees? Do you pay them a salary? That makes them computer professionals, right? So they’re probably exempt from federal and state overtime laws right? Well, hold on. The Computer Employee Exemption is, overall, poorly understood by employers — and even attorneys. Many employers get this one wrong. I’ve posted on […]

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