In this article, Jared A. Jacobson, Esq. discusses some of the trends in litigation relating to misclassifying hourly employees as salaried employees in an effort to avoid many employment laws. The Fair Labor Standards Act (FLSA) and several state equivalent laws are very specific regarding what constitutes an hourly employee v. a salaried employee, who is an independent contractor, consultant, salesperson, etc. It is important for employers and employees to understand the risks of worker missclassification.
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Wage and Hour Violations: Hourly or Salaried Employee? The line is blurring and the cases are rising. Employers beware...