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An HR Audit doesn't have to be an unpleasant experience... And it's CERTAINLY not as unpleasant as an investigation by the Wage & Hour Division. My HR Audits are designed to be comprehensive, thorough, and as painless as possible for my clients. I guarantee that you'll be glad you did it. As one of my 2023 clients said, "Money well spent." #hraudit #hrcompliance

📢 Attention HR Professionals! Important Updates on Employee vs. Independent Contractor Classification 📢 The U.S. Department of Labor has released a final rule that addresses the classification of workers as either employees or independent contractors under the Fair Labor Standards Act (FLSA). This rule will go into effect on March 11, 2024. This update is critical for HR professionals and businesses alike, as it impacts compliance, worker rights, and business operations. Here are the key takeaways: 1️⃣ Background: The FLSA, established in 1938, sets minimum wage and overtime pay standards for employees. The Act's protections do not apply to independent contractors, defined as workers not economically dependent on an employer. 2️⃣ Economic Reality Test: To determine worker classification, the Department of Labor and courts have historically applied an "economic reality test." This test assesses whether a worker is economically dependent on the employer (employee) or operates independently (contractor). Factors include profit opportunity, investment, control, permanency, work integration, and skill/initiative. 3️⃣ 2021 IC Rule: In January 2021, the Department published the "Independent Contractor Status Under the FLSA" rule. It introduced five factors, designating two as "core," potentially leading to a worker's classification. 4️⃣ Rule Rescission and Modification: Due to concerns over alignment with legal precedent and potential confusion, the 2021 IC Rule has been rescinded and replaced with a modified analysis. The new rule reverts to a totality-of-the-circumstances approach, giving equal weight to all factors. 5️⃣ Factors Revised: The final rule clarifies the factors used for assessment, including investment, control, permanency, work integration, and skill/initiative. Consideration of relative investments and imposed costs by potential employers is also addressed. 6️⃣ Economic Dependence: The ultimate goal is to determine economic dependence, meaning a worker is in business for themselves. No single factor is determinative, and additional factors may be considered as needed. This update seeks to provide clarity, consistency, and protection for both employees and independent contractors. HR professionals must review their classification processes to ensure compliance with the revised guidelines. For more information, please refer to the full document: https://lnkd.in/gE5ST464 Stay informed and stay compliant, HR professionals! 💼 #HR #EmployeeClassification #FLSA #Compliance #HRUpdates

https://lnkd.in/edBddA-g Acting Labor Secretary Julie Su told HR Brew about the issue of worker misclassification when we asked her about the rule on March 9. She argued misclassifying workers as independent contractors undermines their access to minimum wage, overtime, unemployment insurance, and the right to organize. Su added her office was “hopeful that the careful work we did on the rule…makes it strong.” She added the policy is intended “to preserve legitimate independent contracting, which is an important part of our economy, but also stop the practice of misclassification, which is hurting working people and hurting employers who play by the rules.” #HR #Talent #Talentmanagement #1099 #independantcontractors #policy

Another update for employers. Classifying an employee v. independant contractor correctly is not always an easy determination. We are putting together a webinar to address this new DOL rule. Comment below with questions or scenarios that can help shape our presentation. #healthcare #employmentlaw #healthcarecompliance

New DOL Rule Effective March 11, 2024: Clarifying Employee vs. Independent Contractor Classification 🌟 The U.S. Department of Labor (DOL) has announced a critical update to the Fair Labor Standards Act (FLSA), providing definitive guidance on classifying workers. This final rule, effective from March 11, 2024, aims to combat employee misclassification, ensuring fair wages and protections for workers. 📢 Key Elements of the Rule: Factors to Consider: -Opportunity for Profit or Loss -Investments by Worker and Employer -Degree of Permanence -Control Over Work -Work's Integral Nature to Business -Worker's Skill and Initiative Comprehensive Approach: No single factor determines a worker's status; instead, all relevant aspects are considered. 💡 Why It Matters: -Protects Worker Rights: Ensures proper classification for workers comp insurance, minimum wage and overtime pay. -Consistency for Employers: Aligns with long-standing judicial precedent. -Prevents Misclassification: Addresses a common issue impacting the economy and fair competition. 🔍 Implications for Employers: -Review and Adapt: Employers should examine their practices to remain compliant. -Legal Challenges Expected: Stay prepared for potential changes and legal interpretations. -Seek Professional Advice: Ensure your business is aligned with these significant legal shifts. For detailed analysis and guidance, reach out to our expert team. Stay ahead of the curve in this evolving landscape. https://lnkd.in/gjvatf-y

How is your 2024 HR Compliance going? Here's a few changes this year for a mid-year compliance check. Partner with HRO Resources and you won't have to worry about keeping up to date with the latest compliance changes! 🌟 Important Update for Employers🌟 Federal agencies have introduced new rules to enhance workplace protections and benefits. Key changes include: 1. Pregnant Workers Fairness Act: The EEOC finalized rules requiring reasonable accommodations for pregnancy-related conditions, like flexible breaks and modified duties. 2. Noncompete Ban: The FTC proposed a nationwide ban on most noncompete clauses, potentially voiding many existing agreements. 3. Overtime Pay Changes: The DOL raised the salary thresholds for overtime exemptions, impacting millions of workers. 4. Harassment Guidance: The EEOC updated guidance on workplace harassment, emphasizing protections for all employees, including those with pregnancy-related conditions and LGBTQIA+ individuals. While these rules face legal challenges, employers should prepare for compliance. Stay informed and proactive to navigate these changes! #EmploymentLaw #HR #Compliance #EmployeeRights #WorkplaceSafety HRO Resources - Partners in Growth

The U.S. Department of Labor Published a Final Rule on January 10, 2024, that brings significant changes to how businesses use “independent contractors,” often referred to as “1099 consultants.” The new rule goes into effect March 11, 2024, and will likely lead to findings that many workers previously classified as independent contractors will no longer meet the requirements under DOL’s new tests. Proposed changes to the salary basis test for exemptions under the Fair Labor Standards Act add another layer of uncertainty and potential for misclassification issues and possible back wage awards. Learn more > https://hubs.la/Q02nNL5p0 Author: Jamie Brabston #GovCon #HR #Contracts #HumanResources #DOL

📢 Dive into the latest MP blog on the DOL's proposed FLSA changes!

📢 Dive into the latest MP blog on the DOL's proposed FLSA changes!

📢 Exciting Update for HR Professionals! Hey #HRCommunity! 👋 Dive into our latest blog post about the recent developments in the Fair Labor Standards Act (FLSA) by the US Department of Labor. 📆 On August 30, 2023, the DOL proposed significant updates, including a potential minimum salary increase. But before we delve into the changes, let's ensure we have a solid grasp of the current FLSA landscape. This post covers: 🔍What is the FLSA? 🔍Who does it pertain to? 🔍Who enforces it? Read More: https://lnkd.in/gE7d_Zpi #HRInsights #ComplianceMatters #FLSAUpdate #HRLeadership