Mark Tabakman

Of the three so-called white collar exemptions, the administrative is the grayest and the most difficult for an employer to prove.  This is because such a worker does not usually

Continue Reading The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production Workers

Compliance with federal and state prevailing wage laws entails understanding nuanced rules that can be stumbling blocks for unwary employers. The liability for noncompliance with prevailing wage laws can be

Continue Reading Prevailing Wage Compliance Webinar: The Ins And Outs Of These Complicated Laws

Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer.  These activities may seem minimal, or not

Continue Reading Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!

“The dog ate my homework” is a common refrain of school children throughout the ages.  Well, there is an adult version of that scenario, such as in this case, where

Continue Reading Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs

“I am angry and I don’t know what to do with my anger!”  This is a line from the movie, The Big Chill, one of my favorites.  It also

Continue Reading Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!

I have handled more than one hundred prevailing wage cases, including dozens where the contractor allegedly violated the New Jersey Prevailing Wage Act (PWA).  Many times, the employer will assert

Continue Reading New Jersey Prevailing Wage Act Amended To Address Bidding Issue: What It Will Do

I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike.  On that

Continue Reading The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace

In exemption cases (or lawsuits), a title means nothing.  You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed

Continue Reading Exemption Determinations Rely On Actual Duties Performed—What Is The Primary Duty

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?