Under the FLSA, for training time to not be counted as working hours, there are specific conditions that must be met. If all four of these conditions are not met, then the time is compensable. These factors are: 1) no work can be done; 2) the participation must be truly…
Continue Reading Another Training Time Case Highlights The Issue Of “Compulsion.”There has been a great deal of controversy about the use of Artificial Intelligence (AI)…
Continue Reading AI And The FLSA: (Maybe) Never The Twain Shall Meet!What Is A ‘Live-In’ Nanny For The FLSA Domestic Exemption? First Step-She Has To Live In The House
There are many exemptions under the Fair Labor Standards Act and an interesting one, one…
Continue Reading What Is A ‘Live-In’ Nanny For The FLSA Domestic Exemption? First Step-She Has To Live In The HouseHow To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!
The new salary threshold for exempt employees is coming soon. The current minimum level is…
Continue Reading How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!Subscribe to Wage & Hour - Developments & Highlights
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USDOL Issues Final Independent Contractor Rule: The Box Closes In (A Little More)
My colleagues, Colin Dougherty and Lindsey Cook, wrote about the coming of a new USDOL independent contractor rule that would likely further hamper an employer’s ability to use individuals (e.g.
Continue Reading USDOL Issues Final Independent Contractor Rule: The Box Closes In (A Little More)Materials Delivery And Davis-Bacon Act Prevailing Wage Rates: What Are The Rules?
I have handled numerous prevailing wage cases, both Davis Bacon Act and State laws, and have come to understand that it often is a gray issue whether materials delivery and…
Continue Reading Materials Delivery And Davis-Bacon Act Prevailing Wage Rates: What Are The Rules?I read an interesting post by Sara Zorich of Amundsen Davis concerning the year-end wage hour issues that employers must deal with, and I agree with the concepts set forth…
Continue Reading Employers Must Beware Of Year-End Wage Hour Issues/Landmines!NJ Attorney General Reveals New Weapon In State’s Fight Against Misclassification
The New Jersey Department of Labor and the Attorney General have really declared war against the supposed scourge of misclassification of workers as independent contractors. The agency is making this…
Continue Reading NJ Attorney General Reveals New Weapon In State’s Fight Against MisclassificationFLSA Class Action Settlement Illustrates Strictness Of Regulations On Training Time
The FLSA regulations on training time are very specific and, often, hard for an employer to comply with. There are four conditions precedent for such time to be non-compensable and…
Continue Reading FLSA Class Action Settlement Illustrates Strictness Of Regulations On Training TimeOver the last ten years or so, there have been a rash of class actions involving workers employed at various call centers. These cases involve the performance of work prior…
Continue Reading Will These Call Center Cases Ever End? Another Settlement Says Probably Not!Bow-Wow–Security Officers Want Pay For Canine Care: Yet Another “Dog” Of A Case!
As you may know, I am a big student of working time cases and often blog about them. One of my favorite categories of such cases are the so-called “dog…
Continue Reading Bow-Wow–Security Officers Want Pay For Canine Care: Yet Another “Dog” Of A Case!Now that the clocks have changed for the ending of Daylight Savings Time (DST) there may be overtime implications for employers, especially for those employees who work graveyard or overnight…
Continue Reading Change Of Hours Has FLSA Implications For OvertimeThe New Jersey Supreme Court Gets A Chance To Right A Very Egregious Wrong—What Does Retroactivity Mean?
In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by…
Continue Reading The New Jersey Supreme Court Gets A Chance To Right A Very Egregious Wrong—What Does Retroactivity Mean?About this Blog
In a climate of increasingly complex workplace regulations, employers need strategies that result in productive and cost-effective business outcomes. Fox Rothschild attorneys offer timely, creative and aggressive advice and solutions that resolve – and even prevent – disputes and costly litigation involving wage and hour suits.