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Category: Employment & Labor

Exempt Employees Part III: Salary Requirements

By Andrew D. Randol

In Exempt Employees Part II, our Columbus employment lawyer explained three additional categories of employees who may be exempt: computer employees, outside sales employees, and commissioned employees. In this post, our employment attorney in Columbus discusses exactly what  a “salary” is under the FLSA. Colloquially, salary simply means paying an employee a pre-determined amount of […]

Exempt Employees Part II: Computer Employees, Outside Sales Employees, and Employees Paid Commissions

By Andrew D. Randol

In Exempt Employees Part I, our Columbus employment lawyer broke down the three primary exempt categories of executive, administrative, and professional employees. This post will focus on three additional categories of employees who may be exempt: computer employees, outside sales employees, and commissioned employees. Computer Employees Computer systems analysts, computer programmers, software engineers, or other […]

Exempt Employees Part I: Executive, Administrative, and Professional Employees May be Exempt from Overtime Pay Requirements.

By Andrew D. Randol

In legal parlance, an employee who properly receives a salary is called an exempt employee because he or she is exempt from the FLSA’s overtime requirements.

What the Heck is an Independent Contractor? Part V: When Employers Are Liable for Tortious Acts of Independent Contractors

By Andrew D. Randol

In Part IV of What the Heck is an Independent Contractor? our Columbus employment lawyer explained the test courts use to determine whether a worker is an employee or an independent contractor for purposes of tort liability. This is known as the right to control test. Generally, if an employer has the right to control […]

What the Heck is an Independent Contractor? Part IV: Impact on Tort Liability

By Andrew Randol

In Part III of What the Heck is an Independent Contractor? our Columbus employment attorney reviewed case law to illustrate how courts decide whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). In Part IV of What the Heck is an Independent Contractor? our Columbus employment lawyer […]

What the Heck is an Independent Contractor? Part III: Case Law Review of the FLSA Test

By Andrew D. Randol

In Part II of What the Heck is an Independent Contractor? our Columbus employment attorney described the test that courts use to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). Although courts have identified six primary factors, recent opinions overwhelmingly focus on whether the worker […]

What the Heck is an Independent Contractor? Part II: The Fair Labor Standards Act Test

By Andrew D. Randol

In Part I of What the Heck is an Independent Contractor? our Columbus employment lawyer emphasized that the IRS and the U.S. Department of Labor (DOL) use a different standard for determining whether a worker is appropriately classified as an independent contractor or an employee. Part II in this series will take an in-depth look […]

Reasons Why Labor Law is Necessary for Businesses and Employees

By Andrew Randol

Labor and employment is one of the most heavily regulated sectors of the U.S. economy. Labor and employment law collectively refer to the thousands of federal and state laws and regulations governing everything from minimum wages, overtime, collective bargaining, workplace safety, and anti-discrimination laws. Anti-discrimination law itself encompasses numerous categories and classes of persons including […]

What the Heck is an Independent Contractor? Part I: It Depends on Who’s Asking

By Andrew D. Randol

The term independent contractor gets thrown around a lot, often without a lot of thought behind the term. It is often misused, misunderstood, and can mean something completely different depending on the context in which it is used. In this multi-part Latest Thinking post, our Columbus employment lawyer will attempt to clarify exactly what an […]

The Importance of an Employee Handbook

By Andrew Randol

Professional industries often loathe developing and enforcing rules for employees, particularly in the technology industry. In order to continually attract young, highly qualified millennials, many companies want to project a cool and laid-back image. Millennial pleasing perks, such as working remotely and wearing flip-flops to work, are often flaunted to attract new and young talent. […]

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