Tag:FLSA
Wait, am I an Independent Contractor?
Work looks very different for everybody, with remote work, gig economy jobs, such as rideshare drivers or freelance writers, and independent contractors. It can be hard to answer the simple question of “What do you do for work?” Misclassification of your employment status, such as being classified as an independent contractor when you are really an employee, can be detrimental for people, as it can prevent access to benefits and protections. These protections include the right to overtime pay, anti-discrimination policies, and worker’s compensation. In 2020 it was found that 10-30% of employers misclassified their workers. The most misclassified jobs range from construction workers, housekeeping cleaners, and security guards. Typically workers with less formal education are at risk for misclassification. A key solution to the issue of misclassification of workers is education on both the part of the employer and the worker.
Demonetize the Children
The Fair Labor Standards Act (“the Act”), enacted in 1938, protects public and private employees with a federal minimum wage, requirements for overtime pay, and youth employment standards. Despite protections established for children under the Act, children in the entertainment industry are expressly excluded from its protections. Instead, minors in the entertainment industry must rely on state regulation of their employment, which is often stricter and more protective than the Act. However, there is a massive loophole in that the entertainment industry in most states does not include child influencers and social media stars. With the increase in social media in the last decade, children in the social media sector are left in limbo about their rights and employment protections. State entertainment laws for minors must be extended to include the fast-growing number of children growing up in social media fame.
A Potential Strike May Impact Hollywood
The biggest industry strike among Hollywood production workers since World War II may be impending. On October 4, 2021, the International Alliance of Theatrical Stage Employees (IATSE) announced that members overwhelming granted the union’s president the authorization to strike against the Alliance of Motion Picture and Television Producers (AMPTP). The crux of the demands by the union revolves around increasing workers’ quality of life. Average working days consist of fourteen hours or more, with meal breaks often avoided, leaving little to no personal life outside of the industry.
Dept. of Labor Proposes to Rescind Two Rules It Says Undermine Worker Protections
On March 11, the U.S. Department of Labor (“DOL”) announced plans to rescind two final rules that the Biden Administration said would have significantly weakened protections for workers under the Fair Labor Standards Act(“FLSA”).
#WFH – Fad or the Future?
There seems to be no end in sight to the various concerns associated with COVID-19, and experts are hesitant to say when and if life as we knew it will ever return to “normal.” As the pandemic persisted, companies large and small quickly realized that jobs we all assumed had to be done in an office, can in fact be done from the comfort of one’s home. #WFH is a trending social media hashtag standing for “work from home,” and posts using this hashtag range anywhere from how to dress comfortably while remaining professional when working from home to setting up the perfect home office. #WFH, however, is not just a social media trend, but a new normal for many Americans as employers were forced to allow their employees to work from home due to health concerns related to COVID-19. This gives rise to questions such as, what about safety and security concerns related to employer data? And, where do employees draw the line between work and home when working from home? While this may be uncharted territory, top researchers say that #WFH may be the next big thing for companies worldwide.