Tag: flsa

Cosmetology Teachers, Not Day Care Teachers, Overtime Exempt

Cosmetology teachers, but not day care teachers, are exempt from the Fair Labor Standards Act‘s (FLSA’s) overtime and minimum wage rules, according to two recent opinion letters from the Department of Labor. The FLSA contains an exemption for professional employees, including any “teacher in elementary or secondary schools.”  Cosmetology teachers qualify for the exemption, according to the … Continue Reading

New Federal Legislation Would Penalize Employers’ Use of “Independent Contractors”

The U.S. Congress is currently considering legislation that would impose significant penalties on employers who improperly classify employees as "independent contractors" to avoid paying for benefits.  The Employee Misclassification Prevention Act (S. 3648) was introduced in the Senate on September 29, and is sponsored by Senators Edward M. Kennedy (D-Mass.), Barack Obama (D-Ill.) and John Kerry (D-Mass.).   … Continue Reading
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