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Fair Labor Standards Act Update

County Personnel Administrators Association of California (CPAAC) Fall Conference| September 17, 2015
Presented by: Jack Hughes

Federal Department of Labor
Enforcement Trends

Independent contractor primary point of
scrutiny:

– Level of independent control over the work
enjoyed by the contractor

 It is critical that employers refrain from designating
work hours, work locations & work tools on a day-
to-day basis.

 Independent contractors must have substantial
freedom over scheduling, means and methods to
do the work and the other aspects associated with
working in their profession.

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Federal Department of Labor
Enforcement Trend

As part of its enforcement effort, the Department of
Labor might introduce rules requiring employer self-
enforcement and reporting

– No formal rulemaking has started at this time.
– If enacted, it is expected that employers would be

required to:

 Self-Audit Their FLSA Compliance
 Report Findings To Employees
 Provide Employees With Overtime Exemption

Analyses

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