Overtime Redux, Redone Yet Again

As Yoga Berra said it’s like deja vu all over again Back in mid-2016, the US Dept of Labor under President Obama proposed that workers making less than about $50k/yr should get overtime. Those proposed rules were then put on hold by a federal judge in Texas back in January 2017. President Trump’s DOL has now proposed …

When Is An Unpaid Intern Not?

The US Dept of Labor (USDOL) recently scrapped the 2010-era six-factor rigid test, in favor of a seven-factor flexible test that two influential courts of appeal promulgated. Don’t be fooled though — if you’re not paying interns who are doing work that you’d otherwise be paying a real employee (or real vendor or subcontractor) to …

Minimum Wage Increases for 2018

On Jan. 1, 2018, the minimum hourly wage for non-tipped employees in Michigan increases from $8.90 to $9.25 per hour. That’s a thirty-five cent increase, folks. The minimum wage for tipped employees increases by those same $0.35 to $3.52/hr  from $3.38. If you have tipped employees, you should already know (but it bears reminding) that …

Packing a Punch(tuation)

You’ve probably seen clever musings about the need for commas. “Let’s eat, Grandma!” versus “let’s eat Grandma” goes from joyful to dreadful, all for want of a lowly comma. In O’Connor v. Oakhurst Dairy, the lowly comma brought down a giant. Maine’s overtime statute says that the employer doesn’t have to pay overtime for people …

Post “Independents” Day housekeeping

Last week was the Independence Day holiday.  We’re talking independents here. As a small business, there is a temptation to want to call all of your workers “independent contractors” to avoid the hassle of the various payroll taxes and reporting that comes with having “employees” versus 1099 independent contractors. However, both the state and (especially) the …