Many industries and businesses are seasonal and I have been often approached with a client question to the effect of whether the client can change the exempt status of workers, depending on the season. This occurs, for example, in the case of an employee who is the Head Coach of an athletic team for a
Another Federal Appellate Court Rules That FLSA Applies to Cannabis Industry
The truth is that cannabis has now become (and continues to become) big business and the issue of regulation, much, none or in the middle, is now coming to the forefront in legal circles. Many firms (my own included) have cannabis practice groups and are advising companies in this burgeoning field about the rules of
Plaintiff Attorney Fees in FLSA Cases: The Frustrating, Driving Force in These Cases
I read a very interesting article in the Epstein Becker Wage & Hour Defense Blog, whose sentiments I wholeheartedly agree with. It concerns the issue of attorney fees for plaintiff lawyers in FLSA/wage cases. The blog post notes that often, these lawyers get big dollar fee awards, while the allegedly victimized people they represent get
Prevailing Wage Class Action Dismissed for Failure to Allege “Public Work” Was Involved
The area of prevailing wage law, construction wage-hour law, is a niche within a niche and a very complicated area of wage hour law. I am proud to say I have defended more than one hundred employers in these cases, both the federal Davis Bacon Act and a number of state prevailing wage, but there
New Jersey Wage Theft Act Beefs Up Penalties on Employers—A Lot!
The State of New Jersey has passed several laws in the wage-hour area that are definitely pro-employee, to say the least. The latest effort on this front is something quite special, or onerous, depending on which side you are on. The brand new, effective immediately, New Jersey State Wage Theft Act (WTA) geometrically adds to
New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors
The New Jersey DOL is very aggressive on the issue of independent contractor status, i.e. the issue of misclassification. The latest, perhaps best (or worst) illustration of this view is the agency’s determination that court reporters are employees for purposes of the Unemployment Law. This errant decision, which cuts against traditional modes of thinking on
Attempt at “Blended” Overtime Defense Fails in FLSA Case in Fourth Circuit
An interesting decision just issued involving an employer who attempted to use a blended compensation system to pay employees overtime. A federal appellate court ruled, however, that this system did not comply with the Fair Labor Standards Act and allowed a million dollar judgment obtained by the USDOL to stand. The case is entitled U.S.
NJ Equal Pay Act Not Retroactive: Outstanding!
There has been a good deal of controversy and confusion over whether the recently enacted New Jersey Equal Pay Act was retroactive. The law became effective July 1, 2018 and has a six year statute of limitations. Could a lawsuit filed after enactment, say in August 2018, go back to August 2012? We did not
Defense Counsel Should Always Consider Preemption Motions To Dismiss In FLSA Cases When State Common Law Claims Are Asserted
Where a plaintiff files a FLSA (or other statutory wage hour) lawsuit, he may well file state law, tort-like claims, such as unjust enrichment, breach of contract, fraud and others. Usually, if not always, those claims/counts are predicated upon and solely arise from the alleged FLSA violations. As such, the FLSA (or any other wage
Interagency Coordination Between NJDOL And USDOL: Like Petula Clark Sang, Is This A “Sign Of The Times?”
The issue of who is and who is not an independent contractor has exploded on the legal scene in recent years. Many agencies are honing in on this topic and I have, over the last five years, probably defended more than fifty audits, inspections and lawsuits involving this issue. Well, the landscape just got murkier,