Following on the heels of its proposed rule expanding the number of employees entitled to overtime under the FLSA, the Department of Labor’s Wage & Hour Division has issued an Interpretation Letter that addresses independent contractor misclassification. Though the Letter, issued by WHD Administrator David Weil, contains no earthshaking new compliance obligations for employers, it
Wage & Hour
Proposed FLSA regulations greatly expand overtime coverage
Today, the Department of Labor announced a proposed rule that would extend overtime pay to an additional 5 million Americans. Currently, those executive, administrative, professional, outsides sales, and computer employees who make above $23,660 annually are exempt from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). Under the proposed regulation,…
Hiring minors: Not my teenage dream
It is summer, and you know what that means: teenagers, everywhere. And they are not just hanging out at the mall, they are working at the mall, at the local pool, and in other entry-level positions. Unlike other workers, however, teenagers come with their own special set of complications. Generational issues aside, the real concern for employers with employment of minors is complying with federal and state laws specific to employment of minors.
Hiring
Before hiring minors, each employer should verify whether it can hire minor employees in the industry in which the employer operates and the state in which the business is located. Many states, including Ohio, require that an employer first obtain some type of work permit before hiring minors. Under Ohio law, every minor 14 through 17 years of age must have a working permit unless otherwise exempted, e.g., 16 and 17 year olds who only work during the summer in nonagricultural and nonhazardous employment. R.C. § 4109.02.
There are, however, some occupations deemed too hazardous for minors. In Ohio, they include the following:
Continue Reading Hiring minors: Not my teenage dream
Employee’s testimony about hours worked is enough evidence to get to trial
In another example of how easy it is for an employee to get to trial on a claim for unpaid overtime, in Moran v. Al Basit LLC, 14-2335 (6th Cir. 2015), the Sixth Circuit Court of Appeals this week reversed a district court decision granting summary judgment for the employer on a former employee’s…
Hiring seasonal workers during the summer
One issue that comes up for many employers in the summer is hiring seasonal workers. Hiring temporary seasonal employees presents some substantial legal traps for the unwary. Employers should assess their seasonal hiring practices to ensure compliance with various state and federal laws. In other posts, we advised you on the issues in hiring interns…
Is Ohio’s Minimum Wage On the Rise?
Based on a constitutional amendment in 2006, every year Ohio’s minimum wage is increased based on considerations such as cost of living. As of January 1, 2015, Ohio’s minimum wage raised to $8.10. However, this rate increase is not considered sufficient by some State Senators. All 10 members of the Ohio Senate Democratic Caucus co-sponsored…
Employment Law Proposals Highlight State of the Union Address
In last night’s State of the Union Address, President Obama reemphasized that employment and labor reform are at the forefront of his current agenda. He urged lawmakers to pass laws regarding the following:
- Equal pay law for women;
- Higher federal minimum wage;
- Government-mandated 7 days of paid sick leave per year.
As we have previously…
Appellate Court throws exemptions to minimum wage laws in Ohio out the window
A divided Montgomery County Court of Appeals has determined that the Ohio minimum wage statute unconstitutionally restricted the definition of “employee” in the Ohio constitution and declared the law invalid, thereby eliminating exemptions to Ohio’s minimum wage laws.
John Haight and Christopher Pence were employed as advertising salespeople for Cheap Escape Company dba JB Dollar…
Secretary of Labor announces proposed rules for minimum wage for federal contractors
The Secretary of Labor announced proposed regulations raising the minimum wage for workers on federal contracts to $10.10 per hour. This new requirement applies to: (1) construction contracts covered by the Davis-Bacon Act (but not those covered only by the Davis-Bacon Related Acts); (2) procurement and nonprocurement contracts exceeding $2,500 covered by the Service Contract…
Recent decision provides a useful reminder that FLSA exemptions are still “narrowly construed” against the employer
Although we’ve noticed that the U.S. Supreme Court may be taking a more practical approach to interpreting the sometimes-impractical Fair Labor Standards Act, a recent Sixth Circuit decision reminds us that FLSA exemptions are still strictly interpreted by the courts. In Bacon v. Eaton Corp., a group of “front line” supervisors sued their employer…