US Dept. of Labor Cracking Down on Misclassification Cases

The U.S. Department of Labor (“DOL”) has issued a 15-page briefing addressing the difference between an independent contractor and an employee, signaling an increased focus on misclassification – situations in which someone who should be classified as an employee has been treated as an independent contractor instead. Before discussing the DOL’s briefing, I will review […]

Proposed New Regulations Would Raise Income Threshold for Wage & Hour Exemptions

Federal wage & hour laws require payment of overtime to all employees who (1) work more than 40 hours a week and (2) are not exempt as a result of the type of job they perform.  Some of the exemptions are discussed here.  The income threshold for the exemptions has been the same for many […]

Federal Court Confirms Unpaid Internships Are Illegal

In a ruling last week, a federal judge in New York confirmed what has long been predicted on this website (see here and here):  that unpaid internships that are not provided for educational course credit, and that are not otherwise designed primarily to benefit the intern, are illegal.  Thus, production assistants who worked as unpaid […]

Ms. Myer to Speak About Employment Law Matters of Concern to Small Businesses April 25

Ms. Myer will speak to the Atlanta Bar Association’ Solo and Small Firm Section on April 25 on issues in employment law of concern to small businesses.

Ms. Myer to speak at Emory University Law School on March 28 on Social Media and Technology in the IP Workplace

What Are The Rules For Using Interns?

This is the time of year when students looking to explore a career interest or to gain experience are applying for unpaid summer internships.  As employers consider “hiring” interns, they should bear certain rules in mind in order to avoid running into problems with the U.S. Department of Labor or the IRS. It is easy […]