I am a big believer in the importance of USDOL Opinion Letters because they show the thinking of the agency and how it interprets various provisions of the Fair Labor Standards Act. I often look to the published body of these letters for guidance and I lamented when the DOL (back in 2010) decided to
Articles
Another Judicially Ordered Production of Plaintiff Tax Returns in a FLSA Case: A New Trend?
By Mark Tabakman on
I recently blogged about the defendants in a FLSA case being able to secure plaintiff tax returns in discovery. Maybe that was the start of a trend. In a New Jersey case, a federal judge has ordered all of the named plaintiffs to produce tax returns for the tax years for which they claim damages…
Fox Partner Glenn Grindlinger Cited in Federal Court Memorandum Order
By Fox Rothschild LLP on
We’re pleased to note that U.S. Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently cited a New York Law Journal article written by Fox partner Glenn Grindlinger in a memorandum order. In the order signed November 6 in Souza et al. v. 65 St. Marks…
Federal Court Settles New Jersey Wage Payment Law Statute of Limitations
By Mark Tabakman on
In an important decision, a New Jersey federal district court has ruled that the statute of limitations for claims under the New Jersey Wage Payment Act is six years, not the two year period that specifically governs overtime and other wage claims specified in the New Jersey Wage-Hour Law. In Meyers v. Heffernan, (Civ.…
When Is It Time For A Wage Hour Audit? Answer—Now!
By Mark Tabakman on
Better safe than sorry is the old adage. Nowhere is this maxim more applicable than for an employer’s compensation practices, especially on issues of classification, working time, and record keeping protocols and obligations.
In the last several years, there has been an escalation of wage hour lawsuits, single and class action. These cases can be…
FLSA Pleading Issue Appealed To Supreme Court
By Mark Tabakman on
Of late, there have been some favorable decisions for employers on FLSA class action pleading issues. Now, a losing plaintiff is asking the US Supreme Court to reverse this trend and rule that her action should proceed, notwithstanding that there exists a lack of specific factual details. The plaintiff contends that the high Court should…
New Jersey Combats Pay Inequality
By Fox Rothschild LLP on
In August 2013, Governor Christie approved an amendment to the New Jersey Law Against Discrimination (“NJLAD”) prohibiting employers from retaliating against employees who request current or former colleagues to provide information about their job title, occupational category or pay. The amendment is designed to combat pay inequality, based on the notion that if employees know…
New Jersey Law Scrutinizes Independent Contractors In Trucking Industry
By Mark Tabakman on
I have posted numerous times on the crackdown by numerous States of alleged misclassification of individuals as independent contractors. My State, New Jersey, has passed a special law pertaining to misclassification in the construction industry, although no new definition of independent contractor was established. Now, a move is afoot to do the same thing for/in the trucking…
Lack of Accurate Records Does Not Equal Windfall In FLSA Suits
By Fox Rothschild LLP on
The Eighth Circuit in Carmody v. Kansas City Board of Police Commissioners addressed the standard of proof in a wage and hour case when an employer failed to maintain accurate timekeeping records. The Court held that even under the “relaxed standard” established by the U.S. Supreme Court in Anderson v. Mt. Clemens Pottery Co., 328…
Working During Meal Break Controversy Continues: What Employers Should Do
By Fox Rothschild LLP on
In December, I blogged about off-the-clock work in my post Unreported, Off-the-Clock Work. Off-the-clock work includes meal break time, and issues arise when employees work during these breaks, or claim that they work during these breaks, but are not paid. Recently, an Ohio federal judge decertified a class of employees who alleged that their…