DOL Amicus Briefs
One of the most effective ways in which the Department of Labor influences court decisions and policy making is by filing amicus briefs. The Obama DOL is already seeking changes in the wage and hour laws by filing amicus briefs in the federal courts trying to reshape the laws in a more plaintiff-friendly direction. Given this new direction, HR Policy has created a website showing the briefs and providing a short summary for each. The Association will continue to file FOIA requests with the DOL and review each brief it files in FLSA cases to monitor enforcement emphasis and new policy trends.
Independent Contractors
Many individuals prefer working as independent contractors because of the flexibility it provides them. Similarly, employers with fluctuating workforce needs often prefer retaining independent contractors to avoid terminations during business downturns. Independent contractors are not considered employees under wage and hour, tax and many other laws. However, some have proposed narrowing the definition of independent contractors under these laws.
Minimum Wage
The current minimum wage under the Fair Labor Standards Act is $7.25 per hour, effective as of July 24, 2009. The previous rate was $6.55 per hour. Additional increases would require a new enactment by Congress.
Overtime -- Exempt/Non-Exempt Employees
Under the Fair Labor Standards Act of 1938, employees must be paid time-and-a-half overtime for time worked in excess of forty hours in a workweek unless they are exempt. This Depression-era law can be a source of tension in today's workplace. The rules governing who is exempt are often difficult to apply, even though many employees who would prefer not to be tied to a time clock do not fit neatly within them.