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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, part of that compensation must be a “salary” for a Part 541 exemption to apply. My colleagues have, in an…
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Means A Salary For White Collar ExemptionsAttorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?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…
Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?Although Spring is almost here, many areas in the country are still being socked with…
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…
Continue Reading New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor DeterminationsThe Latest
I always tell clients it is not enough to “merely” comply with the Fair Labor Standards Act on wage-hour issues. I always tell them that they must comply with State…
Continue Reading Compliance With The FLSA Is Not Enough—Be Aware Of State Laws As Well!One of my colleagues in California just wrote an interesting and important article about the computation of overtime. There is an old saying-overtime is not paid on overtime. Well, as…
Continue Reading No Overtime On Overtime-Good Decision On Bonuses and OT CalculationCompany Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins
When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in…
Continue Reading Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-InsThe Quagmire Of The Administrative Exemption: The Saga Of White Collar Production Workers
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…
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 stumbling blocks for unwary employers. The liability for noncompliance with prevailing wage laws 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 dangerous because they sneak up on an employer. These activities may seem minimal, or not…
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. Well, there is an adult version of that scenario, such as in this case, where…
Continue Reading Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement CostsAutomatic 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 Do