General Wage & Hour Law News & Updates

Prong B of the New Jersey ABC test for independent contractor status under the unemployment law requires the putative contractor to work outside of all of the “places of business”
Continue Reading The ABC Test At Issue Before NJ Supreme Court: What Does A “Place of Business” Mean For Unemployment Law

I read an interesting article by Justin Brown and Lisa Schreter of Littler Mendelson about the usage of cryptocurrency as a way of paying employees. As if those of us
Continue Reading Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?

The U.S. Department of Labor is becoming more aggressive in its enforcement of the Fair Labor Standards Act and this aggressiveness is nowhere better exemplified than in the health care
Continue Reading Employer Who Tries To Contract Its Way Out Of Proper OT Payment In For A Rude Awakening In USDOL Lawsuit

To me, working time lawsuits are almost the most dangerous for an employer because they often will affect many employees, lending themselves (easily) to a purported class action. A recent
Continue Reading FLSA Training Time Class Action Highlights the Nuances of ‘Working Time’ Issues

I had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas
Continue Reading FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!

How many Assistant Manager overtime cases can there be? There seems to be another one every five minutes. The latest iteration of this phenomenon is a FLSA class action against
Continue Reading Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!

The issue of the salary test for FLSA exemptions has been explored and analyzed through numerous cases. It is counterintuitive to think that an employee very highly paid for doing
Continue Reading Supreme Court Will Likely Resolve Circuit Split On Highly Paid Workers And The FLSA Salary Test: A Big Deal!

When an employer is sued for back wages and overtime, or when a suit may be on the horizon, there sometimes is an attempt to avoid the suit by emerging
Continue Reading In FLSA Suit, Changing The Name, Starting A “New” Business, Might Not Work: You Can Run But You Can’t Hide!

There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action.
Continue Reading Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme Court Intervention

I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most
Continue Reading Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29 CFR 778)