Employee Classification

New and Updated

• Type:

  Employment Law Guide

  Independent Contractors: Ohio

  Updated to reflect the Columbus Freelance Worker Protection Ordinance, effective June 1, 2023.

• Type:

  Employment Law Guide

  Recruitment and Selection: Texas

  This guide provides HR professionals with an overview of Texas laws addressing employer recruiting practices. It covers recruiting methods and sources, advertising dos and don'ts, laws regarding job applications, considerations for recruiting minors, avoiding discrimination risk and more.

• Type:

  Employment Law Guide

  Employee Classification: New Hampshire

  New Hampshire's wage and hour law exempts certain employees from its minimum wage and/or overtime requirements. This guide provides a review of New Hampshire employment law requirements with respect to employee classification.

• Type:

  Employment Law Guide

  Employee Classification: Florida

  Florida's wage and hour law exempts from its minimum wage requirements certain employees, including executives, administrators and professionals. This guide provides an in-depth review of Florida employment law requirements with respect to employee classification.

• Type:

  Employment Law Guide

  Employee Classification: Wyoming

  Wyoming's wage and hour law exempts from its minimum wage requirements certain employees, including executives, administrators, professionals and outside salespersons. This guide provides an in-depth review of Wyoming employment law requirements with respect to employee classification.

• Type:

  Employment Law Guide

  Independent Contractors: Maine

  Maine considers different factors to determine whether a worker is an employee or an independent contractor under its workers' compensation, unemployment insurance and wage and hour laws. This guide provides an in-depth review of Maine employment law requirements with respect to independent contractors.

• Type:

  Letters and Forms

  FLSA Employee Classification Form

  An employer may use this form to keep track of an employee's classification under the Fair Labor Standards Act (FLSA). In the event of a lawsuit alleging a misclassification, the burden of proof is on the employer to demonstrate that an employee qualifies for exemption.

• Type:

  How To

  How to Reclassify an Employee Whose Job Duties Have Changed

  This How To details the steps a prudent employer should take to reclassify an employee whose job duties have changed.

• Type:

  FAQs

  Can an individual be personally liable for a Fair Labor Standards Act (FLSA) violation?

• Type:

  FAQs

  How should an employer classify assistant managers and other managers who perform significant amounts of nonexempt work?