I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer
Continue Reading Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action
I am asked many times by clients whether they should put workers on a fluctuating work week (FWW) arrangement, as a method of providing income stability and also to lower
Continue Reading The Fluctuating Work Week Arrangement: What Does Fluctuate Really Mean?
I am always interested in cases that analyze what payments should and should not be included in the regular rate. These issues are important to employers because their overtime liability/exposure
Continue Reading What Is Included In The Regular Rate For Overtime Calculation? The Ninth Circuit Weighs In
I read an interesting post by Sara Zorich of Amundsen Davis concerning the year-end wage hour issues that employers must deal with, and I agree with the concepts set forth
Continue Reading Employers Must Beware Of Year-End Wage Hour Issues/Landmines!
In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by
Continue Reading The New Jersey Supreme Court Gets A Chance To Right A Very Egregious Wrong—What Does Retroactivity Mean?
In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards
Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?
I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance
Continue Reading The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!
I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will
Continue Reading Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme
I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor
Continue Reading The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!
I read an interesting blog post by Epstein Becker on the misunderstood issue of gap time and what that means for employers. It notes that employees must be paid overtime
Continue Reading Gap Time Claims: What Are They And Can Employees Recover Back Wages For Them? Depends On Where The Employer Is Located