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A favorite tactic of the New Jersey Department of Labor, in a prevailing wage case, where the subcontractor cannot pay the assessments, is to go “upstream” against the General Contractor or developer. Private companies can do this as well if they get hit with assessments they feel were inappropriate. A…
Continue Reading Contractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class ActionLast week, I blogged about a lawsuit where the allegations were that the Company failed…
Continue Reading Voluntary Dismissal of Kronos Hack Lawsuit: Oops, The Plaintiff Got It Wrong!Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!
This is a day I have been waiting for. The Supreme Court has decided to…
Continue Reading Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!I have defended all manner of class actions, exemption, working time, independent contractor, but this…
Continue Reading A New Twist On A FLSA Class Action—The Kronos Hack Made Me Do It!The Latest
“Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep Them Down
When fighting a FLSA class action on an exemption issue, the employer must seek to prove all class members fit within an exemption and/or attack the legitimacy of the class. …
Continue Reading “Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep Them DownPreliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied…
Continue Reading Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities CompensableNew Emphasis by USDOL On Retaliation: This Is the Hottest Form Of Claimed Discrimination-Employers Need Be Mindful
It seems that allegations of different types of discrimination or employer wrongdoing run in cycles. There was a time when we saw that claims of racial and ethnic discrimination were…
Continue Reading New Emphasis by USDOL On Retaliation: This Is the Hottest Form Of Claimed Discrimination-Employers Need Be MindfulAnother FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist
When Nurses are performing traditional nursing duties, there is no question that they are professionally exempt under the FLSA. When their duties vary from those usual ones, the analysis is…
Continue Reading Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A TwistThe ABC Test At Issue Before NJ Supreme Court: What Does A “Place of Business” Mean For Unemployment Law
Prong B of the New Jersey ABC test for independent contractor status under the unemployment law requires the putative contractor to work outside of all of the “places of business”…
Continue Reading The ABC Test At Issue Before NJ Supreme Court: What Does A “Place of Business” Mean For Unemployment LawCryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?
I read an interesting article by Justin Brown and Lisa Schreter of Littler Mendelson about the usage of cryptocurrency as a way of paying employees. As if those of us…
Continue Reading Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?Employer Who Tries To Contract Its Way Out Of Proper OT Payment In For A Rude Awakening In USDOL Lawsuit
The U.S. Department of Labor is becoming more aggressive in its enforcement of the Fair Labor Standards Act and this aggressiveness is nowhere better exemplified than in the health care…
Continue Reading Employer Who Tries To Contract Its Way Out Of Proper OT Payment In For A Rude Awakening In USDOL LawsuitTo me, working time lawsuits are almost the most dangerous for an employer because they often will affect many employees, lending themselves (easily) to a purported class action. A recent…
Continue Reading FLSA Training Time Class Action Highlights the Nuances of ‘Working Time’ IssuesFLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!
I had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas…
Continue Reading FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!