Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be awareContinue Reading What Is A Workweek Under The FLSA?: Whatever The Employer Says
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 often dealt with exemption issues, most of which involve the white-collar exemptions, however, I have also had cases involving the nuanced, difficult-to-understand, commission exemption under Section 7(i) of…Continue Reading Fifth Circuit Rules Piece Rate Type Payments Qualify as Commissions Under FLSA Section 7(i)
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
When a company issues franchises, and the workers (in this case janitors) claim they are not independent contractors and sue the franchise company, can that “relationship” be posited as a…Continue Reading A Franchisee-Franchisor Relationship Cannot Be A Defense In An Independent Contractor Action
Most judicial decisions on the issue of independent contractor status go against the putative employer, with a finding that the people are statutory employees. A Massachusetts court has just reversed…Continue Reading A Court Rules Workers Are Independent Contractors! Will Wonders Never Cease?
I have been worried for some time now about the threat of increasing cooperation between agencies, federal and state, when it comes to assessing independent contractor status. Well, my fear…Continue Reading Oh My! Yet Another Collaboration Between Federal Agencies On The Independent Contractor “Situation.”
There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval. There have been some courts that have ruled that parties…Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention
Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of…Continue Reading On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!