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!
When people work, any of us, invariably, there is some measure of so-called “manual work” that we all do. What happens on wage payment, and should anything happen, if the
Continue Reading The Concept of “Manual Workers:” A Vagary Of New York Law
Uber just settled its New Jersey UI audit on independent contractor assessment for $100,000,000, down from an original sum much greater. Pretty good considering that misclassification is a heavy focus
Continue Reading Can $100,000,000 Be A Good Deal– Ask Uber!
I have blogged many times on security check cases and whether that waiting time is compensable. It continues to be a thorny issue and pops up in many jurisdictions. In
Continue Reading Is Waiting In Your Car Compensable Working Time? California Supreme Court Will Decide
I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A
Continue Reading Decision On Travel Time And Waiting Time May Signal A Troubling Trend
I do a lot of prevailing wage defense and am always interested in developments in this nuanced area of wage-hour law. I have noticed a trend lately that States (e.g.
Continue Reading New Prevailing Wage Law In Illinois Puts Pressure On General Contractors To Sign Up With Unions: The Government Assisting In Top-Down Organizing!A favorite tactic of the New Jersey Department of Labor, in a prevailing wage case, where the subcontractor cannot pay the assessments, is to go “upstream” against the General Contractor
Continue Reading Contractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class Action
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
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