🔍 Understanding the New Labor Department Guidelines The U.S. Department of Labor has recently released guidance aimed at helping employers understand how to properly classify employees and independent contractors. This is crucial as misclassification can lead to significant legal ramifications, including unpaid wages and penalties. The guidance focuses on ensuring that workers are correctly classified according to the “economic realities” test, which considers the nature of the work relationship rather than just a written agreement. This means looking at various factors like the degree of control the employer has over the worker, the worker's opportunity for profit or loss, and the permanence of the work relationship. Why does this matter? Proper classification is essential not only for compliance with labor laws but also for protecting workers' rights. Misclassifying an employee as an independent contractor could deny them crucial benefits, such as healthcare, overtime, and unemployment insurance. Employers should carefully review these guidelines and evaluate their workforce to ensure compliance. Failing to do so can expose them to costly lawsuits and reputational damage. Stay informed and ensure your classification practices are on point! #employmentlaw #workerclassification #LaborDepartment #employmentdiscrimination #workersrights
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Earlier this year, the Pennsylvania federal court ordered Comprehensive Healthcare Management Services and CEO Samuel Halper to pay $35.8 million in back wages and damages to around 6,000 employees for violating the Fair Labor Standards Act. The U.S. Department of Labor's investigation found that the nursing facilities denied workers rightful wages, misclassified employees as exempt from overtime, and failed to keep accurate work records. This ruling marks one of the largest wage recoveries in U.S. history. Halper, who was previously indicted for falsifying staffing records, was acquitted of those charges in December 2023, but this recent judgment highlights ongoing concerns about his management practices. #Pennsylvania #BeyondBordersHR #BBHR #HR #HRConsulting #HRservices #HRAdvisory #GlobalHR #GlobalWorkforce #HumanResources #GlobalTeam #PennsylvaniaLaw #FairLaborStandards #FederalCourt #USA #HealthManagement #Healthcare
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Employer Responsibilities Under Labour Act 2024 – What They Must Do! Employers, take note! The new Labour Act No. 3 of 2024 isn’t just about protecting workers—it also lays out what you need to do to stay compliant and avoid legal trouble: 🌀Update Contracts: Make sure all employment contracts reflect the new laws—outdated contracts could lead to disputes. 🌀Health & Safety First: Employers must ensure that workplaces are safe. This includes regular risk assessments and providing safety gear. Your workers’ well-being is your responsibility! 🌀Record Everything: From working hours to overtime, keep accurate records. Failure to do so can result in hefty fines. 🌀Termination and Disciplinary Procedures: Follow the correct procedures if you need to discipline or dismiss an employee—cutting corners could land you in court. Compliance isn’t just about avoiding penalties; it’s about fostering a fair, safe, and transparent workplace where everyone thrives. #EmployerObligations #LesothoLabourAct #WorkplaceSafety #LabourCompliance #FairWorkplace #KnowTheLaw #BusinessEthics
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🛡️ New Rules for Worker Protection! Exciting news in the world of employment law! The Biden Administration has introduced new federal regulations aimed at strengthening protections for workers. These regulations target gig economy workers, emphasizing their rights to minimum wage and overtime, among other essential protections. One key change is the redefinition of what constitutes an independent contractor versus an employee. This shift could significantly impact the classification of many workers across various industries. Instead of a traditional “control” test, the new guidelines adopt a multi-factor approach, looking at economic dependence, the nature of the work, and the extent of control exerted by employers. As we see the landscape of work continually evolve, these regulations are a big step towards enhancing worker rights and ensuring fairness in the workplace. It's crucial for both employees and employers to stay informed and understand these changes, especially as they navigate contractual agreements and employment statuses. Stay educated and advocate for your rights! #employmentlaw #workersrights #employmentdiscrimination #gigworkers #minimumwage #overtime #BidenAdministration
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Minnesota's Legislative Auditor released a study on worker misclassification. The report estimates that 22% of employers subject to a random search misclassified at least one worker in 2018, the last year for which data are available. Misclassification can occur in any industry and can lead to penalties for the employer ranging from overtime to unpaid taxes. With the new US Department of Labor test in place, employers should take this as a reminder of the importance of reviewing their relationships with independent contractors and employees. https://lnkd.in/gZkFwCF7
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📢As we approach the mid-year point of 2024, there has been a lot of significant changes in employment law so far this year at the federal, state and local levels. ✅Federal agencies have been especially active in 2024, passing major regulations including overtime compensation, independent contractor classification, the use of noncompete agreements and protections for pregnant workers. ✅There have been an emergence and continuation of a number of state legislation trends including particular states continuing to increase minimum wage rates, pass pay transparency laws, expanded paid sick leave protections, and broaden protections from discrimination. In addition, states have passed protections for the use of artificial intelligence (AI) in the workplace. 📰In this 2024 Midyear Employment Law Compliance Trends report, brought to us by our Employment Practices Liability risk management partners at Zywave, learn some of the key employment law trends and challenges that employers will continue to face in 2024 and beyond: https://ow.ly/3utz50Sz1jS #BerkleySelect #EPL #RiskManagement
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The United States Department of Labor has published it final rule on the classification of a worker as either an employee or an independent contractor, 29 CFR, Part 795 (January 10, 2024). Under the Rule, the DOL returns to the “totality of the circumstances test,” with a focus on the worker’s economic dependency on the... Continue Reading #wisconsinlawyer #wisconsinlaw #wislawnow
Final Rule: Six Factor Test for Determining When a Worker is an Independent Contractor
https://www.wislawnow.com
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A new rule from the U.S. Department of Labor went into effect this week and is broadly expected to result in more workers being classified as “employees” under the #FLSA. Employers should take this time to review their relationships with workers currently classified as independent contractors to determine if they should be re-classified as employees. Learn more here: https://ow.ly/2sgm50QRg4g
Is That Worker Still an Independent Contractor? New Rule Goes into Effect
icemiller.com
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A new rule from the U.S. Department of Labor went into effect this week and is broadly expected to result in more workers being classified as “employees” under the #FLSA. Employers should take this time to review their relationships with workers currently classified as independent contractors to determine if they should be re-classified as employees. Learn more here: https://ow.ly/2sgm50QRg4g
Is That Worker Still an Independent Contractor? New Rule Goes into Effect
icemiller.com
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Recently, the U.S. Department of Labor (DOL) announced a final rule for worker misclassification prevention. Generally, the rule will help employers and workers better understand employee classifications. This includes when a worker qualifies as an employee or an independent contractor under the Fair Labor Standards Act (FLSA). https://lnkd.in/g4a8n2Qg #dol #flsa #independentcontractor #workermisclassification
Final Rule on Worker Misclassification Prevention Released - Personnel Concepts Blog
https://blog.personnelconcepts.com
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📣👷 The final rule clarifying the classification of workers as #employees or independent #contractors under the Fair Labor Standards Act (#FLSA), issued by the Department of Labor, has gone into effect starting today! The rule protects vulnerable workers against misclassification and ensures employees receive #fairwages. For more info: https://bit.ly/4aXKWvu #FCE #DOL #DOLnews #government #employers #governmentcontractors #independentcontractors #misclassification #wages #pay #workers #regulations #compliance #WHD #wages
Employee or Independent Contractor? A Guide to the New Rule
blog.dol.gov
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