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 Out
I 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 Same
The 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?
My colleague, Colin Dougherty, recently wrote about the U.S. Department of Labor’s proposed rule that would change whether a worker is determined to be an employee or an independent contractor
Continue Reading USDOL Set To Realign Independent Contractor Test: Old Wine In A New Bottle
When people work, any of us, invariably, there is some measure of so-called “manual work” that we all do. What happens on wage payment, and should anything happen, if the
Continue Reading The Concept of “Manual Workers:” A Vagary Of New York Law
Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join
Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!
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
Continue Reading What Is A Workweek Under The FLSA?: Whatever The Employer Says
Uber just settled its New Jersey UI audit on independent contractor assessment for $100,000,000, down from an original sum much greater. Pretty good considering that misclassification is a heavy focus
Continue Reading Can $100,000,000 Be A Good Deal– Ask Uber!
I have blogged many times on security check cases and whether that waiting time is compensable. It continues to be a thorny issue and pops up in many jurisdictions. In
Continue Reading Is Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide