State Wage & Hour Laws

For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate.  For the exemption

Continue Reading Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?

I have handled many lunchtime cases, where an employee (or a class) claim that they were not accorded a full thirty-minute lunch and therefore that half-hour (and many others perhaps)

Continue Reading When Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?

The New Jersey so-called ABC test for determining independent contractor status is one of the toughest in the country and is applied in a strict manner by the New Jersey

Continue Reading New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations

I always tell clients it is not enough to “merely” comply with the Fair Labor Standards Act on wage-hour issues.  I always tell them that they must comply with State

Continue Reading Compliance With The FLSA Is Not Enough—Be Aware Of State Laws As Well!

Compliance with federal and state prevailing wage laws entails understanding nuanced rules that can be stumbling blocks for unwary employers. The liability for noncompliance with prevailing wage laws can be

Continue Reading Prevailing Wage Compliance Webinar: The Ins And Outs Of These Complicated Laws

I have handled more than one hundred prevailing wage cases, including dozens where the contractor allegedly violated the New Jersey Prevailing Wage Act (PWA).  Many times, the employer will assert

Continue Reading New Jersey Prevailing Wage Act Amended To Address Bidding Issue: What It Will Do

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?