by Vaughn Burkholder and Tara Eberline

What do the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS), and Congress have in common? Sound like a setup for a bad joke? The punch line is that each of those federal entities has announced its intention to focus on employers’ misclassification of employees as independent contractors. [...]

A well-maintained company bulletin board can be an effective method for management to communicate new policies and procedures to employees and boost employee morale. Additionally, bulletin board postings may serve as valuable evidence in the event of a lawsuit or grievance. A neglected bulletin board, however, is a trap for the unwary and a tool [...]

by Kara E. Shea
I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s a [...]

by Gary S. Fealk
Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay.

by Leslie Stout-Tabackman and David Fortney, Fortney & Scott, LLC
This article arises from comments on the “Bridge to Justice” program by U.S. Department of Labor (DOL) Solicitor Patricia Smith during the panel discussion “The Obama Administration’s Enforcement of the Wage and Hour Laws” at the Practicing Law Institute’s (PLI) “Managing Wage & Hour Risks 2011″ [...]

An enthusiastic and energetic individual approaches you with a proposal to volunteer his time to gain valuable experience in your industry. “After all,” reasons the prospective volunteer, “how can I get my first job if I have no experience in the field of my choice?” Sounds like a win-win situation, doesn’t it?
Like many win-win situations [...]

Third of four parts
When bedbugs invade your office, factory, or other building, they aren’t the only pests employers will be feverishly wanting to get rid of. The other dreaded workplace pestilence — plaintiffs’ attorneys — may not be far behind, scratching around for an opportunity to file bug-related litigation for any number of reasons. As [...]

by David S. Fortney and J. Robert Brame
Editors, Federal Employment Law Insider
The historic 2010 elections for the 112th Congress will significantly alter how Washington operates. The Republicans gained more seats than during any election since 1948, and we now move forward with a politically divided government following two years of Democratic control of both houses [...]

by Kara E. Shea
I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability under [...]

What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations.
But for many employment law attorneys [...]