Articles Posted in Wage and Hour

PA: Misclassify an independent contractor and go to jail

November 28, 2010 | by Eric B. Meyer

Do I have your attention now?

Early next year, the Construction Workplace Misclassification Act goes into effect. Signed in October, 2010, this legislation provides criteria for classifying a person as an independent contractor (versus an employee) in the construction industry. If you operate a business in the construction industry, you need to get prepared. Otherwise, you may be looking at fines and jail time.

Learn more after the jump.

1 lactating employee + 0 place to pump = 1 messy complaint

October 9, 2010 | by Eric B. Meyer

The Patient Protection and Affordable Care Act , enacted earlier this year, amended the Fair Labor Standards Act (FLSA) to require a “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.” Employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” (Check out this fact sheet for more information)

It seems that one Iowa employer didn’t get the memo. Instead, it now has a potential lawsuit. Read all the messy details, after the jump…

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.