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Would it surprise you to learn that Fair Labor Standards Act (FLSA) lawsuits are at an all-time high? Much of this trend is due to unique and ongoing changes in the workplace, as well as new initiatives by the Department of Labor (DOL). As employers continue to adapt to hiring and staffing challenges, they need to be certain they’re paying remote workers for all hours worked, not misclassifying independent contractors who should be treated as employees, and upholding the latest minimum wage and overtime pay requirements for non-exempt employees.
One employee complaint. That’s all it takes to trigger a Department of Labor (DOL) investigation. And in most cases, those investigations are due to questionable time and pay practices. There are explicit rules regarding minimum wage, overtime pay, exemption classification and recordkeeping under the Fair Labor Standards Act (FLSA) — and the DOL will step in if the rules are violated.
In light of the national emergency with COVID-19, the DHS has eased some of the requirements with I-9 employee eligibility verification. If you’re an employer who is operating remotely, you’ll want to understand how this impacts your review of identity and employment authorizations documents, as well as the E-Verify process.