Last week the Wage and Hour Division of the United States Department of Labor (“WHD”) made a significant announcement concerning the available damages in administrative proceedings.
In a field assistance bulletin it published online, the Department of Labor withdrew the prior administration’s guidance on liquidated damages in administrative hearings and…
Continue Reading United States DOL announces that it will no longer oversee the payment of liquidated damages in FLSA administrative hearingsNJ DOL Issues Proposed Rules on ABC Test for Independent Contractor Classification
Recently the New Jersey Department of Labor & Workforce Development issued proposed rules on the…
Continue Reading NJ DOL Issues Proposed Rules on ABC Test for Independent Contractor ClassificationMichigan’s Earned Sick Time Act (ESTA) went into effect on Friday but was met with…
Continue Reading Michigan ESTA Gets Last Minute AmendmentsWhat’s Old is New Again—Michigan Earned Sick Time Act Goes into Effect February 21, 2025
In less than two weeks, the sick leave requirements in Michigan are changing. The state…
Continue Reading What’s Old is New Again—Michigan Earned Sick Time Act Goes into Effect February 21, 2025Subscribe to Wage & Hour - Developments & Highlights
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Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?
I read an interesting article by Richard Reibstein of Locke Lord on a thorny issue that I have encountered numerous times. That is whether an employer can cover individuals it…
Continue Reading Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action
It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a…
Continue Reading How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class ActionThe world of Artificial Intelligence (AI) is upon us and charging fast, “invading” every aspect of human endeavor. Well, the world of wage hour regulation is no different and now…
Continue Reading New USDOL Wage Guidance On Use of AI: The New World Of Wage Regulation!Misclassification In Davis Bacon/Prevailing Wage Cases Is A Warning To Employers To “Be Careful Out There.”
I have defended more than one hundred Davis Bacon Act and state prevailing wage cases. This is a much nuanced area of law with many minefields for the unwary employer…
Continue Reading Misclassification In Davis Bacon/Prevailing Wage Cases Is A Warning To Employers To “Be Careful Out There.”Will Employers Ever Learn? Boot-Up Cases in Customer Service Call Centers Are A Real Problem!
One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation. This trend is especially prevalent in…
Continue Reading Will Employers Ever Learn? Boot-Up Cases in Customer Service Call Centers Are A Real Problem!In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!
In the movie “Blow,” Johnny Depp complains to the Judge about to sentence him for interstate transportation of marijuana that all he did was take some vegetation across an imaginary…
Continue Reading In 2024, The Need To Take Pot Across State Lines Is Not A Crime But A Necessary Prerequisite For Application Of the Motor Carrier Exemption-A Sign Of The Times!My partner Glenn Grindlinger has written a thoughtful piece on the establishment of the new salary levels for the Part 541 white collar exemptions under the Fair Labor Standards Act.
Continue Reading USDOL Exemption Salary Level Becomes Final Shortly–We’ll See?There have been a number of cases, in different jurisdictions, involving whether time spent undergoing security checks is compensable time. One issue involved is whether the activity is for the…
Continue Reading Another Security Check Point Case: Compensable Or Not?Travel Time Class Action Tests “Meeting Place” Or “Staging Point” Issue In Home-to-Work Lawsuit: Compensable?
Travel time cases that center around what is/is not home-to-work travel can be very tricky and nuanced. This is especially so when employees have to first meet at a staging…
Continue Reading Travel Time Class Action Tests “Meeting Place” Or “Staging Point” Issue In Home-to-Work Lawsuit: Compensable?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.