Wage-and-hour lawsuits are up for the fifth straight year according to a study undertaken by the Federal Judicial Center. Between April 1, 2012 and March 31, 2013, plaintiffs brought a total of 7,764 suits. This is a 10 percent jump over the course of the year. Big box retailers, banks, start-ups and notable chain restaurants are among those accused of withholding workers’ pay. Labor and employment lawyers believe this is symptomatic of a continuing trend. The first spike in wage and hour cases began in 2003, when the number of lawsuits jumped from 2,035 to 4,055.  By 2007, the number had climbed to 6,786 during the course of the year. Even though the number of cases dipped slightly in 2008 - most likely due to preoccupation with the recession - they have been continuously on the rise since then.

The wage-and-hour cases usually fall under the same three categories: salaried employees who think they should be owed overtime pay, hourly workers who believe they were not paid for all hours worked, and restaurant workers who think they are owed additional pay under the FLSA’s tip credit provision. Many regulations under the FLSA were written in the 1930s, making it tricky for companies to comply in the modern workplace. These days, increasing numbers of companies employ employees around the globe and work e-mails are increasingly delivered to the phones of employees outside of regular working hours, which can spark compliance issues and make work hours difficult to monitor. Further complexities arise as companies must also comply with state wage and hour regulations, which often differ, and occasionally appear to contradict FLSA stipulations. In terms of geography, California and Florida typically see the most wage-and-hour lawsuits, however New York, Missouri, and Georgia are now starting to see major increases as well.

When utilizing contingent, project-based workers wage-and-hour laws can become even more complicated. The first step in avoiding such lawsuits is to determining whether a worker should be classified as exempt or non-exempt. Accurately analyzing time records, including a meal break where relevant, is another way to make sure employees are properly paid for all hours worked. With the modernization of the workplace, restricting e-mail and cell phone use after hours will also help in preventing litigations.

If you have any wage and hour questions regarding the use of temporary, project-based or contract workers in any state, please contact us at info@emergent.com or 855 250 5000. Our contingent labor experts represent some of the most experienced payrolling, legal, HR and risk management experts in the business.

Webinar, May 1^st 11:30 PST (2:30 ET)

Register For The Virtual Conference

HR.com and The Institute of Human Resources have invited Emergent’s President Bill Inman, to host a webinar on the challenges involved in employing temporary labor in California – and how to mitigate those challenges.

Temporary, freelance and project-based workers are fast becoming a staple of the U.S. workplace and research suggests that around a third of all jobs are now temporary in nature. While utilizing temporary labor can provide significant cost savings over taking on internal, direct hire workers, engaging temporary staff of all kinds can expose your company to significant risks....especially in the great state of California! 

Our virtual conference - led by Emergent President, Bill Inman - will alert you to key CA compliance issues to watch out for and will show you how your company can mitigate these risks effectively. 

Forty per cent of businesses plan on hiring temporary workers in 2013 and this number is likely to increase over the next few years as businesses realize the benefits of a more flexible workforce. 

However, as the usage of temps and contractors grows, rules and regulations regarding the usage of these workers (and the associated litigation surrounding them) will continue to grow, both at a federal and state level. 

Keeping on top of the changing compliance landscape will be essential for the modern HR professional. If your company currently works with temporary workers or plans to in the near future, you should attend this conference. 

Emergent is part of a family of companies that is one of the largest employers of temporary labor in the US, employing hundreds of thousands of workers each year for companies nationwide, including many Fortune 100 clients. Our family of companies is also the largest provider of temporary labor employment services for the entertainment industry and as a result, employs hundreds of thousands of people in California. 

Our team of California based legal, payroll, HR, risk management and operations professionals are some of the most experienced in the contingent workforce industry today. Join us for our webinar on Wednesday, May 1^st at 11:30 PST and get the benefit of our experience in employing California temporary workers!

Though Emergent strives to publish the most current information on topics of reader interest, Emergent cannot guarantee or warrant the accuracy or completeness of posted information in any way. Click here to read our full disclaimer.

More companies are turning to temporary and contract workers to meet evolving market demands and quickly scale up their businesses. For job seekers, it's a great way to build relationships with employers and expand their resumes, and is often an in-road into permanent placement with those companies.

Around 40 percent of employers plan to hire temporary workers in 2013, up 4 percent from a year ago.  Here at Emergent, we’ve seen a jump in clients looking for us to employ the project-based Computer Programmers and Customer Service Representatives they’re recruiting lately, so it’s interesting to see those jobs making the CareerBuilder list of fastest growing temporary job areas this year.

Here’s CareerBuilder’s list of the fastest-growing temporary job areas in the U.S.  – including median hourly wages for those jobs - since 2010:

o    Team Assemblers (help to assemble an entire product or part of a product)

o    20 percent job growth from 2010 to 2012

o    Median hourly wage: $13.25

o    Office Clerks

o    19 percent job growth from 2010 to 2012

o    Median hourly wage: $13.18

o    Customer Service Representative

o    19 percent job growth from 2010 to 2012

o    Median hourly wage: $14.90

o    Human Resources, Training and Labor Relations Specialists

o    25 percent job growth from 2010 to 2012

o    Median hourly wage: $26.44

o    Registered Nurses

o    15 percent job growth from 2010 to 2012

o    Median hourly wage $32.10

o    Nursing aides, Orderlies and Attendants

o    19 percent job growth from 2010 to 2012

o    Median hourly wage $11.91

o    Home Health Aides

o    21 percent job growth from 2010 to 2012

o    Median hourly wage: $9.96

o    Maintenance and Repair Workers

o    19 percent job growth from 2010 to 2012

o    Median hourly wage: $16.94

o    Heavy and Tractor-Trailer Truck Drivers

o    19 percent job growth from 2010-2012

o    Median hourly wage: $17.96

o    Inspectors, Testers, Sorters, Samplers, and Weighers

o    19 percent job growth from 2010 to 2012

o    Median hourly wage: $16.63

o    Sales Representatives, Services

o    18 percent job growth from 2010 to 2012

o    Median hourly wage: $24.60

o    Computer Support Specialists

o    19 percent job growth from 2010 to 2012

o    Median hourly wage: $23.58

o    Computer Programmers

o    19 percent job growth from 2010 to 2012

o    Median hourly wage: $34.48

o    Accountants and Auditors

o    18 percent job growth from 2010 to 2012

o    Median hourly wage: $30.04

o    Business Operations Specialists

o    19 percent job growth

o    Median hourly wage: $30.82

o    Electricians

o    19 percent job growth

o    Median hourly wage: $23.64

o    Sales Representatives, Wholesale & Manufacturing

o    19 percent job growth

o    Median hourly wage: $25.55

For the full survey results by CareerBuilder and EMSI, please click here  

Though Emergent strives to publish the most current information on topics of reader interest, Emergent cannot guarantee or warrant the accuracy or completeness of posted information in any way. Click here to read our full disclaimer.