As we enter summer, many teenagers will be looking for work. I know that New Jersey (and I daresay many, if not all, other States) takes the safety and protection
Continue Reading Summer Means Child Labor Issues Abound—Employers Need To Be Smart And Proactive
State Wage & Hour Laws
Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
By Mark Tabakman on
How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied…
Continue Reading Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
The ABC Test At Issue Before NJ Supreme Court: What Does A “Place of Business” Mean For Unemployment Law
By Mark Tabakman on
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
Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?
By Mark Tabakman on
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?
Another Unwarranted Expansion Of The Reach Of Prevailing Wage Laws—Construction Employers Must Take Heed!
By Mark Tabakman on
I have blogged many times on prevailing wage issues and, of late, have commented on the unwarranted expansion of these laws. Well, here’s another one. The State of New York…
Continue Reading Another Unwarranted Expansion Of The Reach Of Prevailing Wage Laws—Construction Employers Must Take Heed!
New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?
By Mark Tabakman on
When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer…
Continue Reading New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?
In Prevailing Wage Cases, Going Upstream Just Got Easier, At Least In New York: A Coming Trend?
By Mark Tabakman on
I do a lot of prevailing wage defense, both of general contractors and subcontractors on construction projects. A difficult, very nuanced, very gray area of the law. One danger that…
Continue Reading In Prevailing Wage Cases, Going Upstream Just Got Easier, At Least In New York: A Coming Trend?
Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?
By Mark Tabakman on
The thorny issue of what constitutes “working time” is always causing headaches for employers and the pandemic period has increased these concerns greatly, with demands made for compensation for testing…
Continue Reading Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?
Employers Beware—State Wage Hour Rules May Be Tougher Than The FLSA and Must Be Complied With
By Mark Tabakman on
I always tell clients they must comply with both federal and state law, whatever State they are situate in, that complying with one is not a defense to not complying…
Continue Reading Employers Beware—State Wage Hour Rules May Be Tougher Than The FLSA and Must Be Complied With
New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor Misclassification
By Mark Tabakman on
I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note,…
Continue Reading New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor Misclassification