Revised TN Mandatory E-Verify Law Applies to Employers with 35 or More Employees
As of January 1, 2023, Tennessee will require all private employers with at least 35 employees to use E-Verify and maintain E-Verify case results. Currently, Tennessee only requires employers with 50 or more employees to use E-verify. Critically, the Tennessee definition of “employee” includes and counts employees under the same FEIN – this means that employers that may have fewer than 35 employees in the state of Tennessee but have more than 35 employees under the same FEIN are subject to E-Verify for Tennessee employees come January 1, 2023. Except for federal contractors, federal law does not mandate the use of E-Verify, but states have passed various mandates.
DOL Recovers $352K in Back Pay for 653 Workers After Staffing Agency Misclassifies Them as Independent Contractors
Federal wage investigators have recovered $352,347, in back overtime wages for 653 workers of a Dearborn, Michigan staffing agency that assigned them to manufacturing facilities and illegally classified them as independent contractors. The U.S. Department of Labor’s Wage and Hour Division found Leo Staffing & Management LLC – operating as LTL Staffing and Business Solutions – assigned most of the employees to work as machine operators, welders and forklift drivers at Challenge Manufacturing locations in Walker, Holland and Pontiac. While the employees worked directly at the manufacturing plants, LTL Staffing maintained all employee records and processed their paperwork and payroll. Misclassification of employees as independent contractors is a major concern for the U.S. Department of Labor, and violations associated with misclassification are found all too frequently by Wage and Hour Division investigators.
DOL Recovers $230K in Back Wages for 274 Restaurants Workers Denied Full Tips by Employer
The U.S. Department of Labor has recovered $230,353 in back wages for 274 workers employed by a popular central Texas barbecue restaurant operator after an investigation found the employer gave a portion of employee tips to restaurant managers – a practice not allowed by federal law. Federal law prohibits employers, managers, and supervisors from keeping tips the business’ employees receive for any purposes, whether or not the employer takes a tip credit.
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