There has been a great deal of controversy about the use of Artificial Intelligence (AI) in all facets of life and now the legal field. My own firm has certain
Continue Reading AI And The FLSA: (Maybe) Never The Twain Shall Meet!State Wage & Hour Laws
NJ Attorney General Reveals New Weapon In State’s Fight Against Misclassification
The New Jersey Department of Labor and the Attorney General have really declared war against the supposed scourge of misclassification of workers as independent contractors. The agency is making this…
Continue Reading NJ Attorney General Reveals New Weapon In State’s Fight Against MisclassificationThe New Jersey Supreme Court Gets A Chance To Right A Very Egregious Wrong—What Does Retroactivity Mean?
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?Another State Enacts Legislation To Protect Independent Contractors: A Quickening Trend
There is a general trend in the country to narrow the scope of who can be an independent contractor and to provide such individuals more “rights” concerning their employment, or…
Continue Reading Another State Enacts Legislation To Protect Independent Contractors: A Quickening TrendToo Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?
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?New Jersey Appellate Decision Lengthens Statute of Limitations: Horrible
The New Jersey Wage Theft Act was passed in August 2019. One of the things it did was stretch the statute of limitations from two years to six years. Since…
Continue Reading New Jersey Appellate Decision Lengthens Statute of Limitations: HorribleWhen Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?
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?New Jersey Appellate Division Rules Real Estate Agents Are Not Subject To ABC Test For Independent Contractor Determinations
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 DeterminationsCompliance With The FLSA Is Not Enough—Be Aware Of State Laws As Well!
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!No Overtime On Overtime-Good Decision On Bonuses and OT Calculation
One of my colleagues in California just wrote an interesting and important article about the computation of overtime. There is an old saying-overtime is not paid on overtime. Well, as…
Continue Reading No Overtime On Overtime-Good Decision On Bonuses and OT Calculation