I have found a very interesting exemption case involving a rather unique job title that also is very instructive in the interpretation of the Highly Compensated Exemption (“HCE”) under the
Continue Reading Organ Procurement Coordinator Found Exempt Under FLSA Highly Compensated Exemption: A Case Study in the HCE
State Wage & Hour Laws
Pandemic Instigates First of (Probably) Many Lawsuits on Wage Payment
By Fox Rothschild LLP on
Well, here we are, still in the midst of this horrible COVID-19 pandemic, staying home, scared to go out, wearing masks and gloves, but yet, the first lawsuit(s) involving virus…
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Fluctuating Work Week Calculation of Back Due Overtime Not Allowed by Pennsylvania Supreme Court
By Mark Tabakman on
I have long been a fan of the fluctuating work week (FWW) method of paying overtime to non-exempt salaried employees. This computation yields a half-time calculation, i.e. a lower calculation…
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Uber Case Shows How Tough New Jersey Is on Independent Contractor Determinations
By Mark Tabakman on
I have blogged numerous times about the strictness of the New Jersey A-B-C test as applied to possible independent contractors. The prime example of this is the very recent assessment…
Continue Reading Uber Case Shows How Tough New Jersey Is on Independent Contractor Determinations
Changing Employees From Exempt to Non-Exempt “With the Season” Is Legal!
By Mark Tabakman on
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,…
Continue Reading Changing Employees From Exempt to Non-Exempt “With the Season” Is Legal!
Another Federal Appellate Court Rules That FLSA Applies to Cannabis Industry
By Mark Tabakman on
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…
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Plaintiff Attorney Fees in FLSA Cases: The Frustrating, Driving Force in These Cases
By Mark Tabakman on
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…
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Prevailing Wage Class Action Dismissed for Failure to Allege “Public Work” Was Involved
By Mark Tabakman on
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…
Continue Reading Prevailing Wage Class Action Dismissed for Failure to Allege “Public Work” Was Involved
New Jersey Wage Theft Act Beefs Up Penalties on Employers—A Lot!
By Mark Tabakman on
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…
Continue Reading New Jersey Wage Theft Act Beefs Up Penalties on Employers—A Lot!
New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors
By Fox Rothschild LLP on
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…
Continue Reading New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors