General Wage & Hour Law News & Updates

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

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. 

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

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

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

When employers classify individuals as independent contractors, they are not obligated to provide them with certain benefits, as they would statutory employees.  Sometimes, if those individuals are found to not be independent contractors, those “failures” come back oftentimes to haunt the employers.  Another example of this phenomenon has happened in that a New Jersey appellate

The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that engages these referees has agreed to settle with a group of these individuals for $260,000 to close out a FLSA action, based on misclassification. The

New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning!

Under the Trump Administration, there has been a return to the issuance of Opinion Letters which I have highly applauded.  I also applaud the rather pro-employer stance that many of these Letters have reflected.  Another example of both

The whole trick for a plaintiff (and his lawyers) in a FLSA collective action case is to try to get conditional certification. Once that happens, the stakes automatically escalate for the defendant-employer, often leaving settlement as the most viable and cheapest manner of resolving the case. This process becomes more complicated when there is, as