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?
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: Horrible
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!
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
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?
I do a lot of wage hour defense and one of the threats I constantly come up against is a Department of Labor telling me that the owner of the
Continue Reading Personal Liability For Wage Hour Violations: What’s In A Word—Answer- A Lot!