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Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be aware of. I read an interesting article about this concept in a recent Epstein Becker blog post. Simply stated, a workweek…
Continue Reading What Is A Workweek Under The FLSA?: Whatever The Employer SaysUber just settled its New Jersey UI audit on independent contractor assessment for $100,000,000, down…
Continue Reading Can $100,000,000 Be A Good Deal– Ask Uber!Is Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide
I have blogged many times on security check cases and whether that waiting time is…
Continue Reading Is Waiting In Your Car Compensable Working Time? California Supreme Court Will DecideFifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)
I have often dealt with exemption issues, most of which involve the white-collar exemptions, however…
Continue Reading Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)The Latest
I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A…
Continue Reading Decision On Travel Time And Waiting Time May Signal A Troubling TrendA Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action
When a company issues franchises, and the workers (in this case janitors) claim they are not independent contractors and sue the franchise company, can that “relationship” be posited as a…
Continue Reading A Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor ActionMost judicial decisions on the issue of independent contractor status go against the putative employer, with a finding that the people are statutory employees. A Massachusetts court has just reversed…
Continue Reading A Court Rules Workers Are Independent Contractors! Will Wonders Never Cease?Oh My! Yet Another Collaboration Between Federal Agencies On The Independent Contractor “Situation.”
I have been worried for some time now about the threat of increasing cooperation between agencies, federal and state, when it comes to assessing independent contractor status. Well, my fear…
Continue Reading Oh My! Yet Another Collaboration Between Federal Agencies On The Independent Contractor “Situation.”The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention
There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval. There have been some courts that have ruled that parties…
Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand AttentionOn-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!
Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of…
Continue Reading On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!Property Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray Exemptions
As I have written numerous times, the administrative exemption is the grayest and most difficult for an employer to prove The tension between whether duties involve skill and experience or…
Continue Reading Property Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray ExemptionsNew Prevailing Wage Law In Illinois Puts Pressure On General Contractors To Sign Up With Unions: The Government Assisting In Top-Down Organizing!
I do a lot of prevailing wage defense and am always interested in developments in this nuanced area of wage-hour law. I have noticed a trend lately that States (e.g.
Continue Reading New Prevailing Wage Law In Illinois Puts Pressure On General Contractors To Sign Up With Unions: The Government Assisting In Top-Down Organizing!The issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in…
Continue Reading Liquidated Damages And The CEO: When Does Personal Liability Attach?