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Melissa doubia, CPP
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2024年1月15日
2024年1月15日 ——美国.S. 劳工部(DOL)最近发布了一项最终规定, 3月11日生效, 2024, that reshapes its guidance on distinguishing between employees and independent contractors under the Fair Labor Standards Act (FLSA). 此更新将取代 2021独立承包商 rule and introduces an analysis that is more aligned with longstanding judicial precedent.
While one goal of the final rule is to continue to help ensure workers receive the appropriate minimum wage, 加班工资, 以及他们有权享有的其他保护, the primary goal of the rule is intended to help employers reduce the risk of misclassifying independent contractors and avoid fines and penalties for doing so.
最终的规则与之前的规则有什么不同?
The final rule replaces guidance from the 2021独立承包商 Rule by taking an approach that is more in line with the federal courts in determining employee classification and differs in the following ways:
What are the factors that determine the classification of an independent contractor?
分析工人是独立承包人还是雇员, the final rule considers six factors of the economic reality test listed below (expanded details and specific examples can be found on the 劳工处网站). 然而, other factors in addition to those listed below may be relevant in determining whether or not a worker is economically dependent on the employer.
除了, 最终规则没有采用“ABC”测试, which permits an independent contractor relationship only if all three factors in a three-factor test are satisfied. The DOL will instead rely on the long-standing multifactor “economic reality” test used by courts to determine whether a worker is an employee or independent contractor. This test relies on the totality of the circumstances where no one factor is determinative.
新规则如何影响其他法律下的分析?
The final rule only revises the DOL’s interpretation under the FLSA. 它对其他联邦法律没有影响, 状态, 或者地方企业,他们使用不同的员工分类标准. 例如, the final rule has no effect on those 状态 wage-and-hour laws which use an “ABC” test to determine classification—which in most cases is considered much more stringent text because the burden of proof is placed on the employer, 并且工人的默认分类被设置为雇员. 使用更严格测试的州包括 AK, AR, CA, CT, DE, GA, HI, IL, IN, KS, LA, MA, MD, ME, NE, NH, NJ, NM, NV, OH, OR, RI, TN, UT, VT, WA, 和西弗吉尼亚州.
在这些州, a worker is treated as an independent contractor only if the worker satisfies all of the following factors:
问题?
If you have any questions about the Department of Labor’s final rule regarding worker classification, 你可以 联系Redpath和Company的顾问, 或者你可以 请访问劳工部网站 了解更多信息.
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