There are some interesting things happening in the world of the federal Fair Labor Standards Act (FLSA), which requires overtime pay and a minimum wage for nonexempt workers and regulates when minors can work and what they can do. First, the Act got some recent news attention when GOP presidential candidate Newt Gingrich made some comments on whether the law unwisely limits work opportunities for minors. Second, the United States Senate is considering a bill (S. 1747) that would revise/update the requirements of the computer professional exemption. Finally, the United States Department of Labor (DOL), which enforces the law, is expected to soon issue new regulations regarding employer recordkeeping.

There is speculation that the anticipated regulations will require employers to classify their independent contractors as exempt or nonexempt. DOL has estimated that some 30% of workers are misclassified as independent contractors. The issue is creating a lot of litigation right now, even in some unexpected places. For example, a group of exotic dancers who have worked in various strip clubs in New England recently filed a lawsuit alleging they should be classified as employees instead of independent contractors. Imagine trying to figure out which white collar FLSA exemption might apply to them!