Here is another exemption misclassification lawsuit, but this time coming from a different angle. This time, it is a group of human resources employees who work for Lowe’s have filed a putative class action on the theory that they were misclassified as managers and are thus entitled to overtime. This is very dangerous because the
State Wage & Hour Laws
Motion To Dismiss New Jersey State Overtime Claim in FLSA Case: Why Do It?
By Mark Tabakman on
Posted in Overtime Issues, State Wage & Hour Laws
In most (if not all) FLSA cases I handle, whether single plaintiff or collective action, there is usually a State of New Jersey cause of action set forth as Count II, with the FLSA Count as the first one. The New Jersey Count is duplicative of the federal count to the extent that people (ultimately)…
No Soup for You, Part II: An Attorney’s Claim of Retaliation for Being Banned by a Business He Filed a Lawsuit Against
By Fox Rothschild LLP on
In November we reported on Wigdor v SoulCycle, which had been filed in New York Supreme Court, New York County. In that action a well-known plaintiff’s attorney, Douglas Wigdor, alleged that SoulCycle retaliated against him by banning him from the Company’s establishments because Wigdor had filed a putative wage and hour class action against…
Settlement Agreements in FLSA Cases Must Pass Judicial Scrutiny
By Mark Tabakman on
Posted in Class Actions, State Wage & Hour Laws
It is no secret that most FLSA class action lawsuits settle. The costs of litigation, the fee shifting nature of the statute, plus the fact that oftentimes the merits/defenses are not that clear (or good) for the employer militate settlements being made. However, that is not the end of the story because the settlement then…
Federal Court Settles New Jersey Wage Payment Law Statute of Limitations
By Mark Tabakman on
Posted in Articles, State Wage & Hour Laws
In an important decision, a New Jersey federal district court has ruled that the statute of limitations for claims under the New Jersey Wage Payment Act is six years, not the two year period that specifically governs overtime and other wage claims specified in the New Jersey Wage-Hour Law. In Meyers v. Heffernan, (Civ.…
Commissions: How Do They Work?
By Fox Rothschild LLP on
Posted in State Wage & Hour Laws
Sales employees are generally compensated with commission compensation structures. Sometimes a commission is paid in addition to a salary, other times its paid instead of salary. The tech industry employs so many sales reps, that they generally pay with the former compensation structure above (combo base and salary). For both the employer and the employee…
Gender Equity Developments in New Jersey
By Fox Rothschild LLP on
Posted in State Wage & Hour Laws
This January is an exciting month for several reasons: (1) it’s my birthday month and (2) the NJ DOL issued the new poster promulgated by the 2012 amendment to the NJ Equal Pay Act.
The Amendment was passed about one year ago, and employers have been standing-by, patiently waiting for the DOL to issue it. …
What Employers Should Know About Vacation Pay
By Keith Reinfeld on
Do employers need to pay employees for accrued vacation time upon termination? This is a question without a simple answer, and one that has been heavily litigated over the past several years. Unlike most wage and hour issues, the Fair Labor Standards Act does not address this concern. Rather, the payout of vacation time has…
State Exemptions Need Not Mirror Federal Exemptions
By Mark Tabakman on
Posted in Exemptions, State Wage & Hour Laws
The federal motor carrier exemption applies to drivers, mechanics and other employees whose duties affect safety and who work in interstate commerce. This exemption applies to truck companies and bus companies. Any state is free to adopt this exemption, in toto, or to modify it or, in fact, not adopt it at all.
The…
Payout Of Vacation Time, PTO Time Depends On Company Policy And State Law
By Mark Tabakman on
Posted in Class Actions, State Wage & Hour Laws
Vacation pay, PTO (Paid Time off) days, personal days, sick days. All of these benefits may or may not be paid out when employees leave their employment, whether such departures are voluntarily or not. Part of this answer depends on state law and part depends on the employer’s policy. A recent $1.5 million settlement ending…