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Of the three so-called white collar exemptions, the administrative is the grayest and the most difficult for an employer to prove. This is because such a worker does not usually supervise anyone, which eliminates the executive exemption. They are also, typically, not professional employees, e.g. lawyer, doctor, etc. What is…
Continue Reading The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production WorkersCompliance with federal and state prevailing wage laws entails understanding nuanced rules that can be…
Continue Reading Prevailing Wage Compliance Webinar: The Ins And Outs Of These Complicated LawsWorking time cases, especially those claiming pay for preliminary or postliminary work are difficult and…
Continue Reading Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs
“The dog ate my homework” is a common refrain of school children throughout the ages. …
Continue Reading Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement CostsThe Latest
Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!
“I am angry and I don’t know what to do with my anger!” This is a line from the movie, The Big Chill, one of my favorites. It also…
Continue Reading Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!New Jersey Prevailing Wage Act Amended To Address Bidding Issue: What It Will Do
I have handled more than one hundred prevailing wage cases, including dozens where the contractor allegedly violated the New Jersey Prevailing Wage Act (PWA). Many times, the employer will assert…
Continue Reading New Jersey Prevailing Wage Act Amended To Address Bidding Issue: What It Will DoThe FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace
I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike. On that…
Continue Reading The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The WorkplaceExemption Determinations Rely On Actual Duties Performed—What Is The Primary Duty
In exemption cases (or lawsuits), a title means nothing. You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed…
Continue Reading Exemption Determinations Rely On Actual Duties Performed—What Is The Primary DutyIt is black letter FLSA canon that a promised bonus, such as a production bonus, or longevity bonus, must be included in the regular rate of employees who work overtime…
Continue Reading Not Including Promised Bonuses In Regular Rate A Big No-No!I read an interesting blog post by Emily Bushaw and Shannon McDermott in the Perkins Coie blog about a law in Washington State and independent contractor musicians. The Washington Employment…
Continue Reading Can A Rocker Be An Independent Contractor? Does He Need A Written Contract?The US Department of Labor (DOL) may seek again, in 2023, to raise the salary threshold for a person to fit within a Part 541 white-collar exemption. The agency was…
Continue Reading The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch OutI see yet another class action lawsuit involving preliminary and postliminary activities, such as, in this case, donning-and-duffing clothing. A group of workers has sued their employer, a steel fabricating…
Continue Reading Yet Another Preliminary/Postliminary Class Action: More Of The SameThe issue of working time, especially the issue of preliminary and postliminary activities and what activities are compensable, haunts me as a practitioner and is confusing for employers. Many of…
Continue Reading Another Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?