Two Metro-Detroit employers have recently agreed to settle wage and hour violations under the Fair Labor Standards Act (FLSA) involving overtime compensation and misclassification issues.
Specifically, Belle Tire agreed to pay over $340,000.00 for violations under the FLSA. Payments will be made to employees in approximately hundred stores in Michigan, Indiana, and Ohio.
According to
At a time when companies are increasingly using “independent contractors” rather than W-2 employees, the risks and liabilities for misclassification have never been higher. And it just got harder for Michigan and other Midwest employers who are accused of improperly classifying their workforce after a 3/26/2015 ruling from the Sixth Circuit Court of Appeals.
Specifically,
A common question that business owners raise involves the use of employees versus independent contractors. The use and classification of an individual as an employee or independent contractor is one of the more complicated employment law issues that business owners will deal with and resolving such issues will depend upon circumstances.
Consider one test, the
The Internal Revenue Service announced on 9/21/2011 that businesses that have improperly labelled their employees as independent contractors will be allowed to reclassify workers and make only a small payment to cover past payroll taxes.
The IRS is calling this program the Voluntary Worker Classification Settlement Program (the “Reclassification Program”). Under the IRS Reclassification Program