Tag Archives: independent contractor misclassification

Florida District Court Utilizes Half-Time Calculation In Determining FLSA Damages Owed To Misclassified Independent Contractor

As previously discussed in this blog, many (if not most) courts agree that an employee who receives a fixed salary for varying hours of work has a “clear mutual understanding” with his/her employer that such salary covers all hours of work, and that in the event overtime is deemed owed because the employee was not … Continue Reading

New Version of Proposed Contractor Misclassification Legislation Introduced

On April 22, 2010, a revised version of the Employee Misclassification Prevention Act (“Act”) was introduced. If enacted, the Act, would amend the FLSA and provide a host of new enforcement mechanisms and penalties to combat employer use of the “independent contractor” classification to avoid minimum wage and overtime payment obligations. If passed the Act would … Continue Reading
LexBlog