My colleague, Ian Gillen, as authored a thoughtful and insightful article on a case that clarifies under New Jersey law when commissions are earned. There is a great deal of
Continue Reading When Are Commissions Earned-New Case Sheds Light (And A Good-By)
I read an interesting article by Richard Reibstein of Locke Lord on a thorny issue that I have encountered numerous times. That is whether an employer can cover individuals it
Continue Reading Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?
The New Jersey Supreme Court just fixed a huge hole in New Jersey jurisprudence regarding the appropriate statute of limitations enacted into law by the Wage Theft Act of 2019.
Continue Reading New Jersey Supreme Court Sets The Law Right On Statute of Limitations
There have been a number of cases, in different jurisdictions, involving whether time spent undergoing security checks is compensable time. One issue involved is whether the activity is for the
Continue Reading Another Security Check Point Case: Compensable Or Not?
There is a good deal of confusion regarding the proper treatment of domestic employees for wage hour purposes. Well, the New Jersey Legislature has sought to address some of these
Continue Reading New Law Addresses Wage Hour Issues For New Jersey Domestic Workers
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!
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 Misclassification
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?
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 Trend
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?