Janette Frisch

Happy (almost) Thanksgiving! We have now left the topic of worker misclassification --- well sort of, but not really. We were looking at what happens when a company hires workers and misclassifies them as independent contractors when, really, the law defines them as employees. Assuming you have now properly classified your workers as employees, even a properly classified employee can be misclassified. What??? How can someone who is properly classified be misclassified? Did I really just say that? Could I be suffering from pre-Thanksgiving burnout? Possibly, but bear with me anyway. We are talking about a different type of classification, this one under the Fair Labor Standards Act, and it deals with who has to be paid minimum wage and overtime pay (nonexempt employees), and which employees are exempt from such pay. We will start this week by focusing on nonexempt employees. Follow The Emplawyerologist after the jump to navigate this quagmire.... 

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