I like how the USDOL is moving along with proposals and plans that assist employers in running their businesses, compensating their employees fairly, and, importantly, not running afoul of the Fair Labor Standards Act (FLSA). The agency has now proposed a rule that would allow employers to use the so-called “fluctuating workweek” formula for overtime
USDOL Raking It in for Underpaid Employees: Is This the Promised Positive Change Towards Business?
There has been a lot of talk about how much more pro-business the U.S. Department of Labor was going to be under this Administration. Well, appearances can be deceiving, as a report has just come out indicating that the agency collected in excess of $322 million last year for workers who did not receive proper
Another Federal Appellate Court Rules That FLSA Applies to Cannabis Industry
The truth is that cannabis has now become (and continues to become) big business and the issue of regulation, much, none or in the middle, is now coming to the forefront in legal circles. Many firms (my own included) have cannabis practice groups and are advising companies in this burgeoning field about the rules of
Working Time/Travel Time Case Thrown Out: No Integral Connection to Primary Duty
I have defended many claims and lawsuits involving working time, especially travel time. Employees are continually seeking innovative ways to convert their otherwise non-compensable home-to-work travel into compensable work hours. These efforts often fail, as illustrated by a recent case where Chicago police officers sought pay for transporting and storing their guns and then retrieving
New White Collar Exemption Salary Rises to $35,000 Per Year: Much Ado About Nothing?
It has finally happened! The USDOL has announced that it is setting the new exempt salary threshold for the “white collar” exemptions at about $35,000, about $700 per week. The exact salary is $35,368 annually. This is far lower than the Obama-proposed $47,000 per annum, almost $900 per week. The new salary level takes take
Cannabis Workers Allege Off-the-Clock Violations and Other Employer Misdeeds
Employees of cannabis companies have the same rights as workers who are employed by any other entity. A California cannabis company knowingly withheld wages, meal breaks and rest periods from its employees, according to a lawsuit filed by a former worker who accused the company and a separate marketing firm of violating state labor laws.
NJ Employer Wins Independent Contractor Case, Beats ABC Test
The New Jersey independent contractor test is one of the toughest for a putative employer to prevail upon. So, when an employer does do that, it is a great day for the employer community and that is what has happened in the case of a law firm who fought the UI claim of its paralegal,
Prevailing Wage Class Action Dismissed for Failure to Allege “Public Work” Was Involved
The area of prevailing wage law, construction wage-hour law, is a niche within a niche and a very complicated area of wage hour law. I am proud to say I have defended more than one hundred employers in these cases, both the federal Davis Bacon Act and a number of state prevailing wage, but there
New Jersey Wage Theft Act Beefs Up Penalties on Employers—A Lot!
The State of New Jersey has passed several laws in the wage-hour area that are definitely pro-employee, to say the least. The latest effort on this front is something quite special, or onerous, depending on which side you are on. The brand new, effective immediately, New Jersey State Wage Theft Act (WTA) geometrically adds to
New USDOL Secretary Will Be Big Booster of Business: Here Comes Deregulation
It seems that with the resignation of Secretary Acosta there is going to be a decidedly more pro-business posture for the agency. This is because Patrick Pizzella, who will take over, has let it be known that he will be “hitting the gas” according to Paul DeCamp.
The business community sought (and expected) a great