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I have blogged on this issue a number of times, i.e., that federal courts are starting to tilt away from the typical and very, very easy way that plaintiffs now have to secure conditional certification. Two federal appellate courts have now decried that method and have sought to establish the…
Continue Reading Sixth Circuit Joins Fifth Circuit In Looking Towards A New, Fairer Way To Determine Whether Conditional Certification Is Appropriate: A New Day Dawning!The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model
The certification process for FLSA collective actions has typically been a two-step process. The first…
Continue Reading The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification ModelGap Time Claims: What Are They And Can Employees Recover Back Wages For Them? Depends On Where The Employer Is Located
I read an interesting blog post by Epstein Becker on the misunderstood issue of gap…
Continue Reading Gap Time Claims: What Are They And Can Employees Recover Back Wages For Them? Depends On Where The Employer Is LocatedStaffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor Misclassification
I have many clients that use staffing/temporary agencies for securing personnel. The danger lurking in…
Continue Reading Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor MisclassificationThe Latest
Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?
For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate. For the exemption…
Continue Reading Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?Remote Work Under The FLSA Is A Hot Issue, Drawing Technical Guidance From The USDOL
Since the pandemic, companies across the nation have been dealing with the issue of remote work, from many perspectives, but amongst the most important, the wage-hour perspective of how to…
Continue Reading Remote Work Under The FLSA Is A Hot Issue, Drawing Technical Guidance From The USDOLImproper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!
The FLSA is very strict concerning proper deductions from exempt employee salaries. Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees. …
Continue Reading Improper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!The New Jersey Wage Theft Act was passed in August 2019. One of the things it did was stretch the statute of limitations from two years to six years. Since…
Continue Reading New Jersey Appellate Decision Lengthens Statute of Limitations: HorribleWhen Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?
I have handled many lunchtime cases, where an employee (or a class) claim that they were not accorded a full thirty-minute lunch and therefore that half-hour (and many others perhaps)…
Continue Reading When Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?I have blogged about this Helix case on previous occasions and have been following it. Well, the Supreme Court just ruled that no matter how highly compensated a worker is…
Continue Reading Supreme Court Holds A “Salary” Means A Salary For White Collar ExemptionsAttorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?
I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only…
Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?Although Spring is almost here, many areas in the country are still being socked with winter storms. When snowstorms hit and a business closes for the entire or part of…
Continue Reading Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt WorkersNew Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations
The New Jersey so-called ABC test for determining independent contractor status is one of the toughest in the country and is applied in a strict manner by the New Jersey…
Continue Reading New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations