State Wage & Hour Laws

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?

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!